Agenda packet — Rancho Mirage City Council, September 7, 2023 (part 3 of 4)

6-
1 5
3 City of Rancho Mirage

A/P CASH DISBURSEMENTS JOURNAL
CASH ACCOUNT: 999 1005 CHECKING

CHECK NO CHK DATE TYPE VENDOR NAME
233439 09/01/2023 PRTD 2832 PEOPLEREADY INC
Invoice: 28255210

PEOPLEREADY INC
Invoice: 28267787

INVOICE
28255210
1,667.16 10132000 7444
28267787
1,364.04 10132000 7444
233440 09/01/2023 PRTD
Invoice: 60215 -SP
1812 PETTY CASH-ELIJAH ALEMAN 60215 -SP

20.29 10131000 7623
233441 09/01/2023 PRTD 1517 DESERT CITIES REPROGRAPHICS SYSTE 20929 Invoice: 20929
233442 09/01/2023 PRTD
Invoice: 00011646
233443 09/01/2023 PRTD
Invoice: 202340
181 PLANT MASTERS INC
562.49 21892000 9471
00011646
150.00 24281000 7612
658 PREMIER HOLIDAY DESIGN 202340
3,630.00 10133300 8032
250.00 24281000 8032

INV DATE PO CHECK RUN

INVOICE DTL DESC
CHECK 233438 TOTAL:
08/15/2023 09012023
A. PEREZ 8/13/23

TEMPORARY AGENCY SERVICES
08/22/2023 09012023
A. PEREZ 8/20/23

TEMPORARY AGENCY SERVICES
CHECK
08/22/2023
FUEL 8/22/23

VEHICLE FUEL
CHECK
233439 TOTAL:
09012023
233440 TOTAL:
08/16/2023 09012023

PRINTS -AMPHITHEATER VENUE IMPROVEMENTS

RMC PARK EXPANSION
CHECK 233441 TOTAL:
08/23/2023 09012023
PLANT SERVICE & CARE 08/2023

MAINTENANCE
CHECK 233442 TOTAL :

NET
3,522.50
1,667.16
1 ,364.04
3,031.20

20.29 20.29
562.49
562.49
150.00
150.00
08/15/2023 20240050 09012023 3 ,880.00
DEPOSIT -2023 HOLIDAY LIGHTS/DECOR (CITY HALL/LIB)

HOLIDAY DECORATIONS

HOLIDAY DECORATIONS
CHECK 233443 TOTAL : 3,880.00
233444 09/01/2023 PRTD 1827 QUINN COMPANY
Invoice: PCA30024301
PCA30024301 08/14/2023 09012023 1,162 .37

GEN MAINT -CATERPILLAR (STREETS)
1,162.37 10132000 7612 MAINTENANCE
CHECK 233444 TOTAL: 1,162.37
Report ge ne rat e d: 08/31/202 3 11 :28
us e r : anac Page 7
Pro gra m ID : apc s hdsb

6-
1 5
4 City of Rancho Mirage

A/P CASH DISBURSEMENTS JOURNAL
CASH ACCOUNT : 999 1005 CHECKING

CHECK NO CHK DATE TYPE VENDOR NAME
233445 09/01/2023 PRTD 2891 REVIZE LLC
Invoice: 16582
233446 09/01/2023 PRTD 2374 seer INC
Invoice: 225365

INVOICE
16582
1,700.00 244 7639
225365
650.00 24281000 7806
233447 09/01/2023 PRTD
Invoice: 29884
139 SIERRA PACIFIC ELECTRICAL 29884
2,496.00 10132000 7618
233448 09/01/2023 PRTD
Invoice: 5336081623
61 SOUTHERN CALIFORNIA EDISON COMPAN 5336081623
226.05 201 7603
SOUTHERN CALIFORNIA EDISON COMPAN 6905080223
Invoice: 6905080223
1,643.21 10132000 7618
SOUTHERN CALIFORNIA EDISON COMPAN 5932081523
Invoice: 5932081523
131.73 201 7603
SOUTHERN CALIFORNIA EDISON COMPAN 5903081423
Invoice: 5903081423

22. 72 201 7603
SOUTHERN CALIFORNIA EDISON COMPAN 7813081523
Invoice: 7813081523

22.33 201 7603
SOUTHERN CALIFORNIA EDISON COMPAN 8732081323
Invoice: 8732081323

17.67 205 7603

54.28 203 7603

86.69 204 7603
SOUTHERN CALIFORNIA EDISON COMPAN 3518081323
Invoice: 3518081323
1,423.74 201 7603
Report gene rated : 08/31/2023 11 : 28
User: anac
Program ID: apcshdsb

INV DATE PO CHECK RUN NET

INVOICE DTL DESC
08/10/2023 20240088 09012023 1,700.00

WEBSITE DEVELOPMENT, HOSTING, MAINT -RMWF

COMPUTER MAINTENANCE
CHECK 233445 TOTAL:
08/31/2023 09012023
STAFF MEWP CERTIFICATIONS 08/07/23

MEETINGS/TRAINING/TRAVEL
CHECK 233446 TOTAL:
08/15/2023 09012023

TRAFFIC SIGNAL POLE

TRAFFIC SIGNAL MAINT/ELEC
CHECK 233447 TOTAL:
08/21/2023 09012023
SERVICE PE 8/16/23 (ACCT# 700013705336)

ELECTRICITY
08/08/2023 09012023
SERVICE PE 8/02/23 (ACCT# 700394436905)

TRAFFIC SIGNAL MAINT/ELEC
08/18/2023 09012023
SERVICE PE 8/15/23 (ACCT#700310815932)

ELECTRICITY
08/15/2023 09012023
SERVICE PE 8/14/23 (ACCT# 700099905903)

ELECTRICITY
08/15/2023 09012023
SERVICE PE 8/14/23 (ACCT# 700311337813)

ELECTRICITY
08/16/2023 09012023
SERVICE PE 8/13/23 (ACCT# 700483708732)

ELECTRICITY

ELECTRICITY
08/18/2023 09012023
SERVICE PE 8/13/23 (ACCT#700409463518)

ELECTRICITY
1 ,700.00
650.00
650.00
2,496.00
2,496.00
226.05
1,643.21
131.73

22.72 22 .33
158.64
1,423.74

Page 8 ends

6-
1 5
5 City of Rancho Mirage

A/P CASH DISBURSEMENTS JOURNAL
CASH ACCOUNT: 999 1005 CHECKING

CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN

INVOICE DTL DESC
SOUTHERN CALIFORNIA EDISON COMPAN 1631081323 08/16/2023 09012023 Invoice: 1631081323 SERVICE PE 8/13/23 (ACCT# 700405041631)

92.63 10133000 7603 ELECTRICITY
SOUTHERN CALIFORNIA EDISON COMPAN 6603081723 08/22/2023 09012023 Invoice: 6603081723 SERVICE PE 8/17/23 (ACCT# 700301966603) 4,838 .23 24281000 7603 ELECTRICITY
CHECK 233448 TOTAL :
233449 09/01/2023 PRTD 62 SOUTHERN CALIFORNIA GAS COMPANY 33880081523 08/17/2023 09012023 Invoice: 33880081523 SERVICE PE 8/15/23 (ACCT# 066 -225 -3388 -0)

90.77 21500500 7600 NATURAL GAS
SOUTHERN CALIFORNIA GAS COMPANY 09301081423 08/16/2023 09012023 Invoice: 09301081423 SERVICE PE 8/14/23 (ACCT# 154-326 -0930 -1) Invoice : 23006081423
233450 09/01/2023 PRTD
Invoice: 08 -20823
Invoice: 08 -20822

96.61 21500690 7600 NATURAL GAS
SOUTHERN CALIFORNIA GAS COMPANY 23006081423 08/16/2023 09012023 SERVICE PE 8/14/23 (ACCT# 051 -525 -2300 -6)
1,056.53 10133300 7600 NATURAL GAS
234 DESERT LIMNOLOGISTS INC 08-20823
140.00 21893000 7612
DESERT LIMNOLOGISTS INC 08-20822
390.00 21895000 7612
CHECK 233449 TOTAL:
08/20/2023 20240004 09012023
POND MAINTENANCE -WOLFSON PARK 8/23

MAINTENANCE
08/20/2023 20240004 09012023
POND MAINTENANCE -CANCER PARK 8/23

MAINTENANCE
CHECK 233450 TOTAL :
233451 09/01/2023 PRTD 490 SPARKLETTS 22904522 082423 08/24/2023 09012023 Invoice: 22904522 082423 BOTTLED WATER

83.12 24281000 8000 SUPPLIES
Invoice: 22904522
233452 09/01/2023 PRTD
Invoice: 60312
Report gene rated: 08/31/2023 11: 28
User : anac
Prag ram ID: apes hds b
SPARKLETTS 22904522
83 .12 24281000 8000
233 STATE DISBURSEMENT UNIT 60312
260.00 101 2260
08/31/2023 09012023
BOTTLED WATER 08/24/23 LIBRARY

SUPPLIES
CHECK 233451 TOTAL:
08/30/2023 09012023
CHILD SUPPORT PE 08/25/23

CHILD SUPPORT
NET

92.63 4,838.23
8,559.28

90.77 96.61
1,056.53
1,243.91
140.00
390.00
530.00

83.12 83.12
166.24
260 .00

Page 9 ends

6-
1 5
6 City of Rancho Mirage

AJP CASH DISBURSEMENTS JOURNAL
CASH ACCOUNT: 999 1005 CHECKING

CHECK NO CHK DATE TYPE VENDOR NAME INVOICE
STATE DISBURSEMENT UNIT 60352
Invoice: 60352
126.92 101 2260
233453 09/01/2023 PRTD 1991 THOMAS HUNA
Invoice: 17678
17678
233454 09/01/2023 PRTD
Invoice: TOCS895833
233455 09/01/2023 PRTD
Invoice: 5120003356
233456 09/01/2023 PRTD
Invoice : 60311
233457 09/01/2023 PRTD
Invoice: INV-50137
233458 09/01/2023 PRTD
Invoice: 118432
Report generated: 08/31/2023 11:28
use r : a nac
Program ID : apcshdsb
1,000.00 21800000 8020
500.00 10133000 8020
200.00 10132000 8020
311.88 10132000 7618
1990 TOYOTA OF THE DESERT TOCS895833
1,192.35 10122000 7624
2829 TOM MALLOY CORPORATION 5120003356
2,319.86 10132000 7621
68 UNITED WAY OF THE DESERT 60311

8.85 101 2250
1700 VALLEY REPROGRAPHICS, LLC INV-50137
431.76 21892000 8004
218 TRACY FINNELL, INC 118432
1,520.02 10132000 7618

INV DATE PO CHECK RUN

INVOICE DTL DESC
08/30/2023 09012023
CHILD SUPPORT PE 08/25/23

CHILD SUPPORT
CHECK 233452 TOTAL:
05/01/2023 09012023

UNIFORM HATS/SHIRTS -PW STAFF

UNIFORMS

TRAFFIC SIGNAL MAINT/ELEC
CHECK 233453 TOTAL:

NET
126.92
386.92
2,011.88
2,011.88
08/10/2023 09012023 1,192.35
SVC/ NEW TIRES -BS04 BLDG & SAFETY VEHICLE 8/10/2

VEHICLE MAINTENANCE
CHECK
06/15/2023

ASPHALT PATCH
233454 TOTAL:
09012023

STREET RELATED REPAIRS
CHECK
08/30/2023
UNITED WAY PE 08/25/23

DONATIONS -UNITED WAY
CHECK
233455 TOTAL:
09012023
233456 TOTAL:
07/11/2023 09012023

SIGNS -RMCP PICKLEBALL COURTS

REPAIR & MAINT SUPPLIES
CHECK 233457 TOTAL:
1,192.35
2,319.86
2 ,319.86

8.85 8.85
431. 76
431. 76
08/17/2023 09012023 1,520.02
SVC/STEERING/TRANSMISSION/BRAKES -TS02 VEH 8/17/2

TRAFFIC SIGNAL MAINT/ELEC
CHECK 233458 TOTAL: 1,520.02

Page 10 ends

6-
1 5
7 City of Rancho Mirage

A/P CASH DISBURSEMENTS JOURNAL
Report generated: 08/31/2023 11 : 28
user: anac
Program ID: apcshdsb
NUMBER OF CHECKS 51

TOTAL PRINTED CHECKS

TOTAL EFT'S
*** CASH AC~OUNT TOTAL *** 436,981.75

COUNT AMOUNT
42 404,594.60
9 32,387.15
*** GRAND TOTAL*** 436,981.75

Page 11 ends

6-158
CITY OF RANCHO MIRAGE:

In accordance with the Property Management Agreement by and between the City of Rancho Mirage Housing Authority ("Housing Authority") and Hyder & Company ("Hyder"), Hyder has issued payments on behalf of the Housing Authority.

We hereby accept as filed payments issued by Hyder on behalf of the Housing Authority for the period of May 1, 2023 -May 31, 2023:

Housing Authority -Parkview Villas $29,224.54
ordered paid as stated below.

Date: September 7, 2023
Mayor
DEMANDS\DEMHSG
69 -825 Highway 111 I Rancho Mirage I California 92270
760.324.4511
www.ranchomirageca.gov

6-159
Fund 281 -Parkview Villas
Expenses
7400 Professional/Technical
7480 Transportation Program
7600 Natural Gas
7602 Cable
7603 Electricity
7606 Water
7612 Maintenance
7621 Street Related Repairs
7624 Vehicle Maintenance
7648 Property Tax/Assessment
7800 Mileage
7806 Meetings & Travel
7818 Dues & Subscriptions
7821 Telephone
7826 Internet Access & Service
7839 Reproduction & Printing
7851 Insurance & Bonds
8000 Supplies
8004 Repair & Maint Supplies
8012 Small Tools, Furn & Equip
8020 Uniforms
8700 Misc Expenditures
8703 Rent Credit I Loss of Use
8900 Furniture & Equip
212 .71
1,358.73
4,686.14
3,388 .36
3,921.89
11,047.10
234.00

30.38 114.99
2,607 .37
1,121 .28
360.59
(234.00)
375.00
29,224.54
May 2023

6-160
CITY OF RANCHO MIRAGE:

We hereby accept as filed payments issued by Hyder on behalf of the Housing Authority for the period of May 1, 2023 -May 31, 2023:

Housing Authority -Whispering Waters
ordered paid as stated below.

Date: September 7, 2023
DEMANDS\DEMHSG
Mayor
69 -825 Highway 111 I Rancho Mirage I California 92270
760.324.4511
www.ranchomirageca.gov
$16,307.55

6-161
Fund 283 -Whispering Waters
Expenses
7212 Insurance Reimbursement
7400 Professional/Technical
7 480 Transportation Program
7600 Natural Gas
7602 Cable
7603 Electricity
7606 Water
7612 Maintenance
7621 Street Related Repairs
7624 Vehicle Maintenance
7648 Property Tax/Assessment
7800 Mileage
7806 Meetings & Travel
7818 Dues & Subscriptions
7821 Telephone
7826 Internet Access & Service
7839 Reproduction & Printing
7851 Insurance & Bonds
8000 Supplies
8004 Repair & Maint Supplies
8012 Small Tools, Furn & Equip
8020 Uniforms
8700 Misc Expenditures
8703 Rent Credit I Loss of Use
8900 Furniture & Equip
1,222.19
432.79
940.00
1,598.10
248.77
3,348 .33
114.99
618.48
180.62
7,271.28
332.00
16,307.55
May 2 0 23

6-162
CITY OF RANCHO MIRAGE:

We hereby accept as filed payments issued by Hyder on behalf of the Housing Authority for the period of May 1, 2023 -May 31, 2023:

Housing Authority -Santa Rosa Villas $11,010.21
ordered paid as stated below.

Date: September 7, 2023
Mayor
DEMA NDS\DEMHSG
69 -825 Highway 111 I Rancho Mirage I California 92270
760.324.4511
www.ranchomirageca.gov

6-163
Fund 284 -Santa Rosa
Expenses
7400 Professional/Technical
7480 Transportation Program
7600 Natural Gas
7602 Cable
7603 Electricity
7606 Water
7612 Maintenance
7621 Street Related Repairs
7624 Vehicle Maintenance
7648 Property Tax/Assessment
7800 Mileage
7806 Meetings & Travel
7818 Dues & Subscriptions
7821 Telephone
7826 Internet Access & Service
7839 Reproduction & Printing
7851 Insurance & Bonds
8000 Supplies
8004 Repair & Maint Supplies
8012 Small Tools, Furn & Equip
8020 Uniforms
8700 Misc Expenditures
8703 Rent Credit I Loss of Use
8900 Furniture & Equip
179.61
776 .35
1,963.02
978 .64
1,468.07
1,753.44
119.95
834.63

72.50 1,800.00
1,064.00
11,010.21
May 2023

6-164
CITY OF RANCHO MIRAGE:

We hereby accept as filed payments issued by Hyder on behalf of the Housing Authority for the period of May 1, 2023 -May 31, 2023:

Housing Authority -San Jacinto Villas $21,675.53
ordered paid as stated below.

Date: September 7, 2023
Mayor
DEMANDS\DEMHSG
69 -825 Highway 111 I Rancho Mirage I California 92270
760.324.4511
www. ra nchom i rageca .gov

6-165
Fund 286 -San Jacinto
Expenses
7400 Professional/Technical
7480 Transportation Program
7600 Natural Gas
7602 Cable
7603 Electricity
7606 Water
7612 Maintenance
7621 Street Related Repairs
7624 Vehicle Maintenance
7633 Office Equipment Maint
7648 Property Tax/Assessment
7800 Mileage
7806 Meetings & Travel
7818 Dues & Subscriptions
7821 Telephone
7826 Internet Access & Service
7839 Reproduction & Printing
7851 Insurance & Bonds
8000 Supplies
8004 Repair & Maint Supplies
8012 Small Tools, Furn & Equip
8020 Uniforms
8220 Lease Payments
8700 Misc Expenditures
8703 Rent Credit I Loss of Use
8900 Furniture & Equip
Hyder
179.27
697.22
815.75
3,692 .07
3,190 .79
9,372.07
813.04
129.99
1,374.62
868.71
542 .00
21,675.53
Ma y 2023

6-166
CITY OF RANCHO MIRAGE:

We hereby accept as filed payments issued by Hyder on behalf of the Housing Authority for the period of June 1, 2023 -June 30, 2023:

Housing Authority-Parkview Villas $36,004.59
ordered paid as stated below.

Date: September 7, 2023
Mayor
DEMANDS\DEMHSG
69-825 Highway 111 I Rancho Mirage I California 92270
760.324.4511
www. ra nchom i rageca .gov

6-167
Fund 281 -Parkview Villas
Expenses
7 400 Professional/Technical
7480 Transportation Program
7600 Natural Gas
7602 Cable
7603 Electricity
7606 Water
7612 Maintenance
7621 Street Related Repairs
7624 Vehicle Maintenance
7648 Property Tax/Assessment
7800 Mileage
7806 Meetings & Travel
7818 Dues & Subscriptions
7821 Telephone
7826 Internet Access & Service
7839 Reproduction & Printing
7851 Insurance & Bonds
8000 Supplies
8004 Repair & Maint Supplies
8012 Small Tools, Furn & Equip
8020 Uniforms
8700 Misc Expenditures
8703 Rent Credit / Loss of Use
8900 Furniture & Equ ip
3,679.99

35.86 4,686.14
3,818.43
6,050.80
6,057.68

30.38 114.99
1,201 .21
1,617.68
8,336.43
375 .00
36,004.59
June 2023

6-168
CITY OF RANCHO MIRAGE:

We hereby accept as filed payments issued by Hyder on behalf of the Housing Authority for the period of June 1, 2023 -June 30, 2023:

Housing Authority -Whispering Waters
ordered paid as stated below.

Date: September 7, 2023
DEMANDS\DEMHSG
Mayor
69-825 Highway 111 I Rancho Mirage I California 92270
760.324.4511
www.ranchomirageca.gov
$10,637.11

6-169
Fund 283 -Whispering Waters
Expenses
7212 Insurance Reimbursement
7400 Professional/Technical
7480 Transportation Program
7600 Natural Gas
7602 Cable
7603 Electricity
7606 Water
7612 Maintenance
7621 Street Related Repairs
7624 Vehicle Maintenance
7648 Property Tax/Assessment
7800 Mileage
7806 Meetings & Travel
7818 Dues & Subscriptions
7821 Telephone
7826 Internet Access & Service
7839 Reproduction & Printing
7851 Insurance & Bonds
8000 Supplies
8004 Repair & Maint Supplies
8012 Small Tools, Furn & Equip
8020 Uniforms
8700 Misc Expenditures
8703 Rent Credit / Loss of Use
8900 Furniture & Equip
3,334.80
205.67
946.25
1,603.20
733.69
2,623.05
114.99
883.10
(154.62)

14.98 332.00
10,637.11
June 2023

6-170
CITY 0~ RANCHO MIRAGE:

We hereby accept as filed payments issued by Hyder on behalf of the Housing Authority for the period of June 1, 2023 -June 30, 2023:

Housing Authority-Santa Rosa Villas $13,621.93
ordered paid as stated below.

Date: September 7, 2023
Mayor
D EMANDS\DEMHSG
69-825 Highway 111 I Rancho Mirage I California 92270
760.324.4511
www. ra nchom i rageca .gov

6-171
Fund 284 -Santa Rosa
Expenses
7400 Professional/Technical
7 480 Transportation Program
7600 Natural Gas
7602 Cable
7603 Electricity
7606 Water
7612 Maintenance
7621 Street Related Repairs
7624 Vehicle Maintenance
7648 Property Tax/Assessment
7800 Mileage
7806 Meetings & Travel
7818 Dues & Subscriptions
7821 Telephone
7826 Internet Access & Service
7839 Reproduction & Printing
7851 Insurance & Bonds
8000 Supplies
8004 Repair & Maint Supplies
8012 Small Tools, Furn & Equip
8020 Uniforms
8700 Misc Expenditures
8703 Rent Credit I Loss of Use
8900 Furniture & Equip
1,673.26
776.35
1,963.13
978.64
2,518.46
4,132.56
130.21
119.95
361.49
(96.12)
1,064.00
13,621.93
June 2023

6-172
CITY OF RANCHO MIRAGE:

We hereby accept as filed payments issued by Hyder on behalf of the Housing Authority for the period of June 1, 2023 -June 30, 2023:

Housing Authority -San Jacinto Villas $26,347.49
ordered paid as stated below.

Date: September 7, 2023
Mayor
DEMANDS\DEMHSG
69-825 Highway 111 I Rancho Mirage I California 92270
760.324.4511
www.ranchomirageca.gov

6-173
Fund 286 -San Jacinto
Expenses
7400 Professional/Technical
7480 Transportation Program
7600 Natural Gas
7602 Cable
7603 Electricity
7606 Water
7612 Maintenance
7621 Street Related Repairs
7624 Vehicle Maintenance
7633 Office Equipment Maint
7648 Property Tax/Assessment
7800 Mileage
7806 Meetings & Travel
7818 Dues & Subscriptions
7821 Telephone
7826 Internet Access & Service
7839 Reproduction & Printing
7851 Insurance & Bonds
8000 Supplies
8004 Repair & Maint Supplies
8012 Small Tools, Furn & Equip
8020 Uniforms
8220 Lease Payments
8700 Misc Expenditures
8703 Rent Credit I Loss of Use
8900 Furniture & Equip
Hyder
3,715.16
254.92
815.80
4,253.24
3,265.06
8,347.85

65.07 129.99
771.73
436.23
3,750.44
542.00
26,347.49
June 2023

7-1
CITY OF ~ MIRAG~
~ ~

STAFF REPORT
TO: Mayor and City Council DATE: September 7, 2023
FROM: Majna Dukie, Development Services Director
Isaiah Hagerman, City Manager
SUBJECT: Zoning Text Amendment Case No. ZTA23-0001 -Amendment to Rancho Mirage Municipal Code Chapter 5.12 Regulating Special Events

SPECIFIC REQUEST OR RECOMMENDATION
That the City Council:

A. Approve the filing of a Notice of Exemption Pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15378 and Section 15061 (b)(3); B. Approve Zoning Text Amendment Case No. ZTA23-0001 to Amend Municipal Code Chapter 5.12 Regulating Special Events; and
C. Approve and Introduce Ordinance No. (Next-in-Order), 1st Reading, Amending Chapter 5 .12 Special Event Permits of Title 5 Business Taxes, Licenses and Regulations of the Rancho Mirage Municipal Code (to Better Regulate Special Events on Private Residential Property Within the City.

JUSTIFICATION OR INFORMATION

PROJECT SUMMARY
The purpose of the attached ordinance is to introduce amendments to Chapter 5.12 of the Rancho Mirage Municipal Code (RMMC) to regulate commercial events held on private property in residential zones, protecting public health, safety, and welfare, and preventing nuisances to neighboring properties, while allowing permitted non-profit special events .

7-2
DATE: September 7, 2023
ZTA23-0001

JUSTIFICATION OR INFORMATION CONTINUED

Page 2 of 3 ends

districts designated for residential use by prohibiting commercial special events. The amended ordinance is not intended to prohibit or regulate private events that are not being held for commercial purposes from taking place at private residences. The amendment also provides an avenue to apply for a non-profit special event to be held on residential property. In summary, the proposed ordinance prohibits commercial events, permits non-commercial private events for residential properties without a permit and permits non-profit special events with the issuance of a non-profit special event permit.

The Planning Commission, at a duly noticed meeting on August 10, 2023, considered Zoning Text Amendment Case No. ZTA23-0001, an amendment to the Rancho Mirage Municipal Code Chapter 5.12 Regulating Special Events. Minor amendments were requested to require application submittal a minimum of fifteen (15) working days prior to the event instead of thirty (30) and to clarify that applications would be reviewed promptly. The attached ordinance includes these revisions.

After due consideration of the staff report, presentation, and public testimony, the Planning Commission made the following motion:

MOVED/SECONDED BY CURRAN/BRYANT TO RECOMMEND THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:

A. APPROVE THE FILING OF A NOTICE OF EXEMPTION PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15378 AND SECTION 15061(8)(3).

B. APPROVE ZONING TEXT AMENDMENT CASE NO. ZTA23-0001 TO AMEND MUNICIPAL CODE CHAPTER 5.12 REGULATING SPECIAL EVENTS; AND C. INTRODUCE AND READ BY TITLE ORDINANCE NO. (NEXT-IN-LINE), AMENDING CHAPTER 5.12 SPECIAL EVENT PERMITS OF TITLE 5 BUSINESS TAXES, LICENSES

AND REGULATIONS OF THE RANCHO MIRAGE MUNICIPAL CODE, INCLUDING THE MODIFICATION TO ADD EXACT LANGUAGE REGARDING 15-DA Y APPLICATION PROCESS AND INCLUDING "PROMPTLY."
MOTION CARRIED 4/0.

ENVIRONMENTAL DETERMINATION
This Ordinance is exempt from environmental review pursuant to Sections 15378 and 15061 (b)(3) of the Guidelines for CEQA (California Code of Regulations, Title 14, Chapter 3), because approval of this Ordinance does not have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

AGENDA ITEM#

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DATE: September 7, 2023
ZTA23-0001

JUSTIFICATION OR INFORMATION CONTINUED

NOTICING

Page 3 of 3 ends

A Public Hearing Notice was posted at City Hall, The Rancho Mirage Library & Observatory and on the City's website on August 23, 2023. The notice was also published in a local newspaper, The Desert Sun, on August 27th . In addition, notice was provided to public commenters of the May 25, 2023, Planning Commission meeting and to subscribers of the City's e-news with the distribution of the agenda packet.

ATTACHMENT{S)

1. Planning Commission Staff Report

2. Public Hearing Notice

3. Draft Ordinance

4. Draft Notice of Exemption

5. City Attorney Independent Analysis

6. Public Comment
AGENDA ITEM#

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Attachment 1

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TO:

FROM:

CITY OF~ MIR/!IG~
~ ~

STAFF REPORT
Planning Commission
Majna Dukie, Development Services Director
Isaiah Hagerman, City Manager
DATE: August 10, 2023
SUBJECT: Zoning Text Amendment Case No. ZTA23-0001 -Amendment to Rancho Mirage Municipal Code Chapter 5.12 Regulating Special Events.

SPECIFIC REQUEST:

That the Planning Commission :

A. Consider the recommendation for the City Council to approve the filing of a Notice of Exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15378 and Section 15061 (b)(3);
B. Consider the recommendation for the City Council to approve Zoning Text Amendment Case No. ZTA23-0001 to amend Municipal Code Chapter 5.12 Regulating Special Events; and
C . Consider the recommendation that the City Council introduce and read by title Ordinance No. [next in line] to amend Chapter 5 .12 "Special Event Permits" to better regulate special events on private residential property within the City.

ATTACHMENTS:

1. Public Hearing Notice
2 . Draft Ordinance

3. Draft Notice of Exemption

4.City Attorney Independent Analysis
JUSTIFICATION OR INFORMATION:

AGENDA ITEM#

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DATE:August10,2023 Page 2 of 3

JUSTIFICATION OR INFORMATION CONTINUED

DISCUSSION
The City has a history of protecting residential neighborhoods from commercial uses and activity by exercising its land use authority . Commercial uses in residential zones often create large disturbances and/or public health and safety issues such as blocked emergency access. The intent of the proposed ordinance is to regulate the neighborhood impacts of commercial events, gatherings and assemblies held or conducted at private residences , which are located in zoning districts designated for residential use by prohibiting commercial special events. The amended ordinance is not intended to prohibit or regulate private events that are not being held for commercial purposes from taking place at private residences . The amendment also provides an avenue to apply for a non-profit special event to be held on residential property. In summary, the proposed ordinance prohibits commercial events, permits non -commercial private events for residential properties without a permit and permits non-profit special events with the issuance of a non -profit special event permit.

The Planning Commission, at a duly noticed meeting on May 25, 2023 , considered Zoning Text Amendment Case No. ZTA23-0001, an amendment to the Rancho Mirage Municipal Code Chapter 5.12 Regulating Special Events. Staff presented a proposal to amend the existing Special Event Ordinance . The amendment included the prohibition of commercial events , unless hosted by a non-profit organization, and provisions that would require the obtainment of a special event permit for some non-commercial events.

After due consideration of the staff report, presentation, and public testimony, the Planning Commission made the following motion:

MOVED/SECONDED BY GREY/MAXWELL TO TABLE THE ITEM AND CONDUCT A STUDY SESSION.

MOTION CARRIED 5/0.

Following the meeting, Staff reviewed the proposed ordinance and recommended changes at a duly noticed Special Study Session of the Planning Commission held on June 12, 2023. At the meeting, the Planning Commission requested another Special Study Session to be held . Staff held a second Study Session on July 13, 2023 where the revised ordinance was reviewed. The Planning Commission reviewed and discussed the proposed ordinance and was satisfied with moving the ordinance forward for consideration at a future Planning Commission meeting.

AGENDA ITEM#

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DATE: August 10, 2023 Page 3 of 3

JUSTIFICATION OR INFORMATION CONTINUED

NOTICING
A Public Hearing Notice was posted at City Hall, The Rancho Mirage Library & Observatory and on the City's website on July 26, 2023. The notice was also published in a local newspaper, The Desert Sun, on July 30 th . In addition, notice was provided to public commenters of the May 25, 2023, Planning Commission meeting and to subscribers of the City's e-news with the distribution of the agenda packet.

AGENDA ITEM#

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Attachment 2

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~ CITY OF RANCHO MIRAGE
Planning Division
69 -825 Highway 111
Rancho Mirage, CA 92270
[email protected]
(760) 328 -2266

PUBLIC HEARING NOTICE

CITY COUNCIL REGULAR MEETING
Thursday, September 7, 2023 -1 :00 p.m.

Zoning Text Amendment Case No. ZTA23-0001
Applicant: City of Rancho Mirage
Request: Consideration of an Ordinance to amend Chapter 5 .12 (Special Event Permits) of the Rancho Mirage Municipal Code .

Location: City-wide
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the City of Rancho Mirage CITY COUNCIL pursuant to Rancho Mirage Municipal Code Title 17. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15378 the proposed amendments are not considered a "project" under CEQA. Furthermore, the proposed amendments are exempt from CEQA pursuant to Section 15061 (b)(3).

The Public Hearing will be held on Thursday, September 7, 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 available for public inspection at City Hall, Monday through Friday, between 8 a.m. and 5 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 hearing 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.

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Attachment 3

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE, CALIFORNIA, AMENDING CHAPTER 5.12 SPECIAL EVENT PERMITS OF TITLE 5 BUSINESS TAXES, LICENSES AND

REGULATIONS OF THE RANCHO MIRAGE MUNICIPAL CODE
WHEREAS, the City of Rancho Mirage ("City") is recognized as a charter city and a political subdivision of the State of California for certain purposes ; and WHEREAS, Rancho Mirage Municipal Code ("RMMC") Chapter 5.12 Special Event Permits regulates the use of residential properties for certain types of special events in the City of Rancho Mirage; and
WHEREAS, the purpose of Chapter 5.12 is to preserve the peace and tranquility of the City's residential neighborhoods by regulating certain events, gatherings and assemblies within the City's residential neighborhoods in a manner that effectively avoids or mitigates the negative secondary effects that some events, gatherings and assemblies have on traffic flow, traffic congestion, parking, air quality, noise, light, glare, health, safety, security, aesthetics, pets, etc. in areas of the city zoned for residential use; and WHEREAS, the City Council intends to amend Chapter 5 .12 in its entirety to effectively regulate the neighborhood impacts of certain types of events, gatherings and assemblies held or conducted at private residences, which are located in areas of the City situated in zoning districts designated for residential use, by prohibiting commercial events in residential zones, but allowing non-profit events, gatherings and assemblies to be held or conducted in residential zones provided a non-profit special event permit is obtained that includes conditions intended to avoid or mitigate the negative secondary impacts that such events may potentially have on traffic flow, traffic congestion, air quality, noise, light, glare, health, safety, security, aesthetics, pets, etc. in residential neighborhoods, but that does not prohibit or regulate private events, that are not being held for commercial purposes, from taking place at private residences, hosted and held by the record owner of the property, in areas of the City situated in zoning districts designated for residential use, unless otherwise provided by the Municipal Code.

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

Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully set forth herein.
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Section 2. AMENDMENT TO CHAPTER 5.12 SPECIAL EVENT
PERMITS OF TITLE 5 BUSINESS TAXES,

LICENSES AND REGULATIONS OF THE RANCHO

MIRAGE MUNICIPAL CODE
That Chapter 5.12 Special Event Permits of Title 5 Business Taxes, Licenses and Regulations of the Rancho Mirage Municipal Code is hereby amended in its entirety as follows :

5.12.010 Purpose.

The purpose of this chapter is to preserve the peace and tranquility of the city's residential neighborhoods by regulating certain events, gatherings and assemblies within the city's residential neighborhoods in a manner that effectively avoids or mitigates the negative secondary effects that some events, gatherings and assemblies have on traffic flow, traffic congestion, parking, air quality, noise, light, glare, health, safety, security, aesthetics, pets, etc. in areas of the city zoned for residential use.

5.12.015 Intent.

A. The intent of this chapter is to regulate the neighborhood impacts of certain types of events, gatherings and assemblies held or conducted at private residences, which are located in areas of the city situated in zoning districts designated for residential use, by prohibiting commercial events in residential zones, but allowing non-profit events, gatherings and assemblies to be held or conducted in residential zones provided a non -profit special event permit is obtained pursuant to the provisions of this chapter that include conditions intended to avoid or mitigate the negative secondary impacts that such events may potentially have on traffic flow, traffic congestion, air quality, noise, light, glare, health, safety, security, aesthetics, pets, etc. in residential neighborhoods.

B. This chapter is not intended to prohibit or regulate private events, that are not being held for commercial purposes, from taking place at private residences, hosted and held by the record owner of the property, in areas of the city situated in zoning districts designated for residential use, unless otherwise provided by the Municipal Code.

5.12.020 Definitions.
"Applicant" means the person or entity applying for a non -profit special event permit pursuant to the provisions of this chapter. "Commercial event" "commercial purpose" and "commercial use" means any rental or temporary use of any portion of real property in a residential zone for 1-6

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purposes of hosting a gathering, event, or assembly organized, sponsored or conducted by any person or entity, in exchange for anything of value, including money, goods, services, or other compensation or consideration of any kind, that is held or conducted for the benefit or promotion of any business (excluding a bona fide non-profit organization) and/or the promotion or sale of any goods or services provided by a business (excluding a bona fide non-profit organization). "Compensation" or "consideration means anything of value, including but not limited to, money, payments, donations, goods, services , wares, tickets, passes, admission, personal property, merchandise or any other similar items provided or given to the record owner of the subject real property in return for use of said real property for an event, gathering or assembly of any kind in a residential zone.
"Non-profit organization" means a "tax-exempt non-profit organization" that is exempt from paying federal or state income taxes, in good standing with the Internal Revenue Service, California Franchise Tax Board, California Secretary of State's Office, California Attorney General's Office and any other applicable regulatory agency, and which has been in existence as a bona fide tax-exempt non-profit organization for a minimum of six continuous months preceding the date of application for a non -profit special event permit under this chapter. "Non-profit special event" means an event, gathering or assembly held or conducted at a private residence, located in areas of the city situated in zoning districts designated for residential use, without compensation paid to the record owner of the subject property or any of the owner's agents, representatives, family members, etc. for use of the subject property, for the benefit or promotion of a bona fide non-profit organization and/or the promotion or sale of any goods or services provided by a bona fide non-profit organization as defined by this chapter, whether conducted by the record owner of the subject real property or any third party person or entity.
"Permittee" means the person or entity (applicant) issued a non -profit special event pursuant to the provisions of this chapter . "Private Event" means an event hosted by the property owner that is not held or conducted for a commercial purpose or for a non-profit special event, nor an event held or conducted for the benefit or promotion of a bona fide non-profit organization and/or the promotion or sale of any goods or services provided by a bona fide non-profit organization as defined by this chapter. "Refuse " means garbage, waste, trash, rubbish and other discarded matter. "Residential use" means areas zoned in Title 17 of this code as HR (Hillside Reserve), R-E (Residential Estate), R-L-2 (Residential Very Low Density), R-L-3 1-7

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(Residential Low Density), R-M (Residential Medium Density), R-H (Residential High Density) and MHP (Mobile Home Park).
"Sign" means any sign, pennant, flag, banner, inflatable display, or other material that is intended to attract the attention of passersby. "Ticket" or "pass" means any physical, electronic or virtual ticket, pass, permit or any verbal permission that gives a person or entity the right to enter any space, place, location or venue to attend or participate in an event subject to this chapter.
"Vendor'' means any person or entity promoting or selling any food, beverages, goods or services at an event subject to this chapter.

5.12.025 Events that require Non-profit Special Event Permits A non-profit special event organized by or for a bona fide tax -exempt non-profit organization taking place on private property, with the express permission of the record owner, located in an area of the city situated in a zoning district designated for residential use may be permitted provided a non-profit special event permit is issued for the subject event pursuant to the provisions set forth in this chapter .

5.12.030 Authority to Establish Policies and Procedures.

The city manager, or designee, subject to the consent of the city attorney, is authorized to establish policies and procedures to implement and administer the provisions of this chapter, provided that such policies and procedures are content-neutral, related to protecting public health and safety and preserving the residential character of residential zones in the city, consistent with the purpose, intent and provisions of this chapter.

5.12.035 Prohibited commercial gatherings, events and assemblies.

No gatherings, events, or assemblies for any commercial event, commercial purpose, or commercial use shall be permitted in any area of the city situated in zoning districts designated for residential use in exchange for any compensation or consideration provided or given to the record owner of the subject real property in return for use of said real property for said event, purpose or use or in exchange for the purchase of any tickets or passes, as defined in this chapter .

5.12.040 Applicable zoning districts.

The provisions of this chapter shall apply to areas of the city situated in zoning districts designated for residential use, which includes HR (Hillside Reserve), R-E (Residential Estate), R-L-2 (Residential Very Low Density), R-L-3 1-8

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(Residential Low Density}, R-M (Residential Medium Density}, R-H (Residential High Density) and MHP (Mobile Home Park).

5.12.045 Duration of non-profit special event.

A non -p rofit special event conducted pursuant to a validly issued non-profit special event permit shall not exceed a duration of six consecutive hours.

5.12.050 Non-profit special event permit intervals.

Non-profit special event permits shall not be issued within fourteen consecutive days of the expiration date of a previously issued non-profit special event permit for the same parcel.

5.12.055 Maximum annual number of non-profit special event permits.

No more than five non -p rofit special event permits shall be issued per calendar year for any given parcel.

5.12.057 Maximum number of attendees.

The maximum number of attendees shall be determined on a case-by-case basis by the city manager or designee with the application of a non -profit special event permit. The maximum number of attendees shall be determined based on the following factors: the size of the parcel where the event is to be held, the maximum occupancy of any structures on the parcel, the applicable fire code provisions, and any other objective factors set forth in any policies or procedures adopted to implement or administer the provisions of this chapter.

5.12.060 No city endorsement.

Approval of a non-profit special event permit does not constitute the city's endorsement, sponsorship or support of the non -profit special event and the property owner and/or non-profit special event organizer or sponsor shall not produce, distribute or disseminate any informational material about the non- profit special event that indicates or implies otherwise.

5.12.065 Protected city symbols.

The city's logo, city seal and any other city trademarked, copyrighted or protected words, phrases, symbols or designs shall not be used by the permittee to advertise, promote or otherwise identify any aspect of the non -profit special event.
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5.12.070 City manager prior approval.

Notwithstanding the above, the city manager or designee is permitted to provide the city's official endorsement, sponsorship and support of a non-profit special event and to allow a non-profit special event organizer or sponsor to use any of the city's protected symbols, including, without limitation, the city logo and city seal, if it is determined by the city manager or designee to be in the city's best interest.

5.12.075 Permit required.

No person shall operate, conduct, advertise, promote or offer to sell or sell or furnish tickets or passes or provide any permission to attend or participate in a non-profit special event in the city unless a non-profit special event permit is issued by the city to operate or conduct the non -profit special event pursuant to this chapter.

5.12.080 Perm it application-Contents generally.

An application for a non-profit special event permit to conduct a non-profit special event by or for a bona fide non -profit organization shall be submitted to the development services department at not less than fifteen (15) working days prior to the scheduled non-profit special event. Any applications received less than fifteen (15) working days prior to the scheduled non -profit special event may be rejected. Applicants are encouraged to submit applications thirty (30) days prior to the event taking place in order to ensure processing. The application shall contain the following information:

A. The name, residence, mailing address , and mobile telephone number of the person or entity making such application . The application must be signed by either the president, vice-president or the secretary of the non-profit organization applicant and must contain the addresses of such corporate officers ; B. The name, address, and mobile telephone number of the owner of the subject property;
C. The name, address, and mobile telephone number of the non -profit special event's onsite contact person who shall be present for the duration of the non-profit special event;
D. A statement of the kind, character or type of the non -profit special event and related activities which the applicant proposes to conduct, operate, or carry on;
E. The address or legal description of the place where the proposed non- profit special event is to be conducted, operated or carried on . Additionally , the applicant must submit proof of ownership of the place where the non-profit special event is to be conducted or a statement, signed by the owner of the premises, 1-10

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confirming the owner's consent that the non-profit special event site be used for the proposed non-profit special event. If applicable, written consent from the board of the homeowner's association shall be required;
F. The size of the subject parcel and an estimate of the number of persons expected to attend the proposed non-profit special event; G. Such other information as the city manager or his or her designee deems reasonably necessary to administer this chapter .

5.12.082 Application fee.

The applicant shall pay the requisite application fee, established by resolution of the city council, before the application may be deemed complete for processing . The purpose of the application fee is to defray the city's estimated reasonable cost of processing the application. The city manager has the authority to waive any application fees.

5.12.083 Public services and equipment costs.

The applicant shall pay the estimated cost of any public services or equipment the city manager or designee determines is necessary to monitor, administer or control any activities associated with the non-profit special event.

The applicant shall deposit with the city the estimated costs of such public services and equipment via a cash deposit, bond or other such security deemed sufficient by the city manager or designee.

5.12.085 Permit application-Specific plans.

The city manager or designee may require that an applicant for a non-profit special event permit provide a detailed explanation of the applicant's plans to provide security and fire protection, water supply and facilities, food supply and facilities, sanitation facilities, medical facilities and services, vehicle parking space , vehicle access and on-site traffic control, as well as any other information deemed necessary to ensure protection of public health and safety and to preserve the residential character of the city's residential zones.

5.12.090 Permit application-Processing.

Upon receipt of an application , the development services department will promptly review the application for completeness and may subsequently schedule a non-profit special events meeting with the applicant and pertinent staff. 1-11

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5.12.095 Permit issuance-Conditions.

A. The development services department may establish conditions which must be met prior to the issuance of any non-profit special event permit under this chapter.

B. The type of conditions which may be imposed by the development services department, pursuant to the city's general police power for the protection of health, safety and property of local residents and persons attending non-profit special event activities in the city, may include, but not be limited to :

1. Provision of additional Police or Fire personnel under the direction of the City and paid for by the Applicant.

2. Sufficient sanitation facilities.

3. Medical facilities .

4. Access and parking controls.

5. Adequate lighting.
6 . Posting of security bond.

7. Any other conditions reasonably related to preservation of public health and safety.

5.12.100 Permit application-Consideration by development services department.

After staff completes its prompt review of a completed non-profit special event permit application, the development services department shall recommend granting the non-profit special event permit, denying the non -profit special event permit, or establishing conditions which must be met, before the non-profit special event permit may be granted. If pre-permit conditions are imposed by the development services department, the applicant shall furnish or cause to be furnished proof that all conditions have been met before the non-profit special event permit may be issued .

5.12.115 RESERVED

5.12.120 RESERVED

5.12.130 RESERVED

5.12.140 Parking.

Every permittee is required to provide an adequate site plan showing adequate on -site parking spaces for persons attending the non-profit special event by motor vehicle or an off-site parking plan including transportation services . The site plan must be approved before a non-profit special event permit may be issued. 1-12

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5.12.150 Public access and parking control.

Every non-profit special event applicant is required to provide adequate ingress and egress to the non-profit special event premises and parking areas.

Roads, driveways and entranceways must allow for the orderly flow of traffic into the premises from a public highway or road. For purposes of this section, a minimum street clearance of 24 feet shall be considered the default requirement.

An additional commercial access way for fire equipment, ambulances, and other emergency vehicles may be required. The development services department must approve the permittee's plan for ingress and egress before a permit may be issued .

Additionally, a permittee may be required to provide traffic guards to ensure orderly traffic movement and relieve traffic congestion in and around the vicinity of the non- profit special event area .

5.12.160 Hours of operation.

The hours of operation for any non-profit special event shall be set forth in the subject permit and permittee shall comply with any noise, traffic and other restrictions regarding the non-profit special event's hours of operation . In no case shall the hours of operation of a non -profit special event exceed six consecutive hours.

5.12.170 RESERVED

5.12.180 Notification of Neighbors
Every permittee may be required to send notice to neighboring residences within 500 feet of the subject property in advance of a non-profit special event if the proposed event involves a significant potential for impacts on the quiet enjoyment of those neighboring residences. The notice will include the hours of the event.

5.12.190 RESERVED

5.12.200 RESERVED

5.12.205 Vendors.

All vendors participating in a non-profit special event shall obtain a city business license and any other applicable permits and licenses at least seventy- two hours prior to the non-profit special event, unless proof is provided that the vendor already possesses all of the requisite permits and/or licenses to engage in the subject vending activities at the non-profit special event. 1-13

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5.12.210 RESERVED

5.12.215 Conduct.

The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall use reasonably prudent business practices to ensure that the occupants and/or guests of the non-profit special event do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the property.

5.12.230 Miscellaneous conditions.

A permittee may be required to meet any other condition prior to receiving a permit to conduct a non-profit special event which the city manager or designee has reasonably calculated as being necessary to protect the health, welfare and property of local residents and persons attending the non-profit special event.

5.12.235 Permit issuance-Nontransferable.

When the city manager or designee certifies that all pre -non-profit special event permit conditions have been met, he or she shall issue a non-profit special event permit specifying the name and address of the permittee, the kind of non- profit special event permitted and the number of hours of operation authorized. No non-profit special event permit issued pursuant to this chapter shall be transferable .

5.12.240 Grounds for denial of permit-Notice.

The city manager or designee may deny issuance of a permit if he or she finds any of the following:

A. That the applicant fails to meet the conditions imposed pursuant to this chapter;
B. That the proposed non -profit special event as conditioned will be conducted in a manner or location not meeting the health, fire , or building and safety standards established by this code or other ordinances of the city or laws of the state;
C . That the applicant has knowingly made a false, misleading, or fraudulent statement of material fact in the current or any prior permit application or in any other document required pursuant to this chapter; D. That the applicant, or any of the applicant's employees , agents, or any person connected or associated with the applicant as a partner, director, 1-14

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officer, associate, or manager has previously conducted a similar type of non-profit special event that resulted in the creation of a public or private nuisance; E. That the non-profit special event will create the imminent possibility of violent disorderly conduct likely to endanger public safety or to result in significant property damage;
F. That the applicant has failed to conduct a previous non -profit special event in accordance with law or the terms of a permit, or both ; G. That written complaints from the record owners of parcels within five hundred feet of the proposed non-profit special event venue have been submitted to the city regarding a non-profit special event held at the same venue in the previous twelve months;
H. That the proposed non -pro fit special event venue is subject to a pending code enforcement proceeding action initiated by the city; or I. That the applicant or owner has held an unpermitted non-profit special event within the last twenty-four months.

If an application is denied, the city manager or designee shall mail to the applicant by certified mail, return receipt requested, written notice of denial which shall include a statement of the reasons the application was denied.

5.12.250 Appeals
The city manager's decision may be appealed to the Planning Commission pursuant to Chapter 17.76 Appeals for a final decision which shall not be appealable to the City Council

5.12.270 Prohibited acts.

The following acts shall be prohibited:

A. Conducting a commercial event or other event for a commercial purpose or for a commercial use, as defined in this chapter, in violation of this chapter.

B. Conducting, operating or participating in a non-profit special event which requires a permit under this Chapter, but for which a non-profit special event permit has not been issued ;
C. Selling tickets or advertising or promoting a non-profit special event for which a non-profit special event permit was required under this Code but has not been obtained;
D. Operating or conducting a non-profit special event in such manner as 1-15

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to create a public or private nuisance;
E. Allowing any person on the premises where a permitted non-profit special event is being held to cause or create a disturbance in, around, or near any place of the activity by disorderly conduct;
F. Allowing any person to consume, sell, or be in possession of intoxicating liquor in, around, or near the place where the non-profit special event is held, except where such consumption or possession is expressly authorized under the terms of this chapter and under the laws of the state; G. Allowing any person at the permitted non -profit special event to use, sell , or be in possession of any narcotic or dangerous drug while in, around, or near a non-profit special event venue ;
H. Failing, neglecting or refusing to pay the city the fee required by this chapter or city council resolution;
I. Failing, neglecting or refusing to fulfill any or all of the conditions imposed pursuant to this chapter;
J . Allowing the non -profit special event to be conducted in a manner which violates any law or regulation established by the laws or ordinances of the city or the laws of the state;
K. Using or discharging fireworks or other explosive devices, such as, but not limited to, firecrackers;
L. Using, controlling or flying unmanned aircraft systems, commonly known as drones during the non-profit special event, unless permitted by the non- profit special event permit.

5.12.275 Violations-General.

A. Additional Conditions . A violation of any provision of this chapter by the applicant or permittee or their respective agents or representatives, vendors, attendees or other persons permitted to attend or participate in the subject non- profit special event shall authorize the city manager, or designee, to impose additional conditions on a non -profit special use permit to ensure that any potential additional violations are avoided.

B . Permit Modification, Suspension and Revocation. Unless otherwise provided in this chapter, a violation of any provision of this chapter by the applicant or permittee or their respective agents or representatives, vendors, attendees or other persons permitted to attend or participate in the subject non-profit special event shall constitute grounds for modification, suspension and/or revocation of a non-profit special use permit and/or any affiliated licenses or permits pursuant to 1-16

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the provIsIons set forth in Chapter 14.170 (Permit and License Suspension, Modification and Revocation Procedures) of Title 14 of this code .

C . Notice of Violation. The city may issue a notice of violation to the applicant or permittee or their respective agents or representatives, vendors, attendees or other persons permitted to attend or participate in the subject non- profit special event pursuant to Chapter 14.70 (Notice of Violation) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties.

D. Administrative Citation. The city may issue an administrative citation to the applicant or permittee or their respective agents or representatives, vendors, attendees or other persons permitted to attend or participate in the subject non- profit special event, pursuant to Chapter 14.80 (Administrative Citation and Appeal Procedures) of this code, including , but not limited to, the imposition of any and all fines and penalties set forth therein, or in Section 5.12.285 of this chapter, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from also issuing an administrative citation upon the occurrence of the same offense on a separate day.

Unless otherwise provided herein, any person issued an administrative citation pursuant to this chapter shall for each separate violation be subject to the following fines: (1) an administrative fine in an amount not to exceed one thousand dollars for the first citation; (2) an administrative fine in an amount not to exceed two thousand dollars for a second citation issued for the same offense within a twelve- month period of the date of the first offense; and (3) a fine in an amount not to exceed four thousand dollars for a third and any subsequent citation issued for the same offense within a twelve-month period of the date of the first offense .

E. Infraction. The city may issue an infraction citation to the applicant or permittee or their respective agents or representatives, vendors, attendees or other persons permitted to attend or participate in the subject non-profit special event, pursuant to the provisions set forth in Chapter 14.100 (Infraction Violations) of this code, including, but not limited to, the imposition of any and all fines and penalties set forth therein, or in Section 5.12.285 of this chapter, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day. Unless otherwise provided herein, any person convicted of an infraction shall, for each separate violation of this chapter be subject to: (1) a fine in an amount not to exceed one thousand dollars for a first conviction of an offense; (2) a fine in an amount not to exceed two thousand dollars for a second conviction of the same offense within a twelve -month period of the date of the first offense; and (3) a fine in an amount not to exceed four thousand dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense . The fine for a fourth and subsequent convictions of the same offense within a twelve-month period of the date of the first offense shall be eight thousand dollars. 1-17

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F. Public Nuisance. It shall be a public nuisance for any person to commit, cause or maintain a violation of this chapter, which shall be subject to the provisions of Chapter 14.120 (Notice of Public Nuisance and Order to Abate and Appeal Procedures) of this code, including, but not limited to, the imposition of any and all fines and penalties set forth therein, or in Section 5.12.285 of this chapter.

G. The above remedies shall apply to any violation of this chapter, including without limitation engaging in any prohibited acts identified in Section

5.12.270 of this chapter.

5.12.285 Violations-Special fines.

A. Not Possessing a non-profit Special Event Permit. If a complaint regarding the condition, operation, or conduct of a non-profit special event is reported to the city's law enforcement agency or the city's code compliance division that involves an event, activity or conduct that requires a non-profit special event permit which has not been obtained or issued, the city may impose a fine of five thousand dollars on the owner of the subject property for the first offense and ten thousand dollars for any subsequent offense committed.

B. If the complaint regarding the condition, operation, or conduct of an unpermitted non-profit special event is not corrected within one hour of initial contact and issuance of citation, the city may impose a ten thousand dollar fine every hour thereafter until the complaint is corrected.

C. The special fines described herein shall apply to any violation of this chapter, including without limitation engaging in any prohibited acts identified in Section 5.12 .270 of this chapter.

Section 4. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 5. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted by the City of Rancho Mirage that are in conflict with the provisions of this ordinance are hereby repealed .

Section 6. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its adoption .

Section 7. CITY ATTORNEY REVIEW
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That the City Attorney prepared and framed this ordinance pursuant to Section

1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the authority to adopt this ordinance, that the ordinance is constitutionally valid and that the ordinance is consistent with the general powers and purposes of the City as set forth in Section 1.04.031 of the RMMC.
1-19

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Section 8. AMENDING OF BAIL SCHEDULE
That the City Attorney is hereby directed to determine whether this ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

Section 9. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law .

The foregoing Ordinance was approved and adopted at a meeting of the City Council held on ____________ , 2023, by the following vote:

Ayes:

Noes:

Abstain :

Absent:

CITY OF RANCHO MIRAGE:

Richard W. Kite, Mayor
ATTEST:

Kristie Ramos, City Clerk
APPROVED AS TO FORM:

Steven B. Quintanilla , City Attorney
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Attachment 4

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Phone 760/328-2266
Development Services Department
69-825 Highway 111
Rancho Mirage CA 92270

NOTICE OF EXEMPTION
To: D Office of Planning and Research
P.O. Box 3044
l::8J Chief Deputy County Clerk
3470 12th Street
Sacramento, CA 95812-3044 Riverside, CA 92501
Fax 7 60/324-9851
Project Title/Case Nos. Zoning Text Amendment Case No. ZTA23 -0001 -Amendment to Rancho Mirage Municipal Code Chapter 5.12 Regulating Special Events.

Project Location: Applicant/Representative:

City -Wide City of Rancho Mirage
Project Description:

Zoning Text Amendment Case No.

ZT A23 -0001 to amend Chapter 5 .12
(Special Event Permits) of the Rancho
Mirage Municipal Code.

Name of Public Agency Approving Project: Name of Person or Agency Carrying Out Project:

City of Rancho Mirage Majna Dukie
Director of Development Services
Exempt Status: (check one)
D Ministerial (Sec. 2108o(b)(1); 15268); D Declared Emergency [Sec. 2108o(b)(3); 15269(a)] D Emergency Project [Sec. 2108o(b)(4); 15269(b)(c)]; D Statutory Exemption; Code N° _______ _ ~ Categorical Exemption. State type and Section number: CEQA Guidelines Section 15378 & 15061(b)(3).

D Other. State type and Section number:

Reasons why project is exempt: This Project is exempt from CEOA pursuant to CEOA Guidelines Sections 15378 and 15061 (b)(3) of the Guidelines for CEOA (California Code of Regulations, Title 14, Chapter 3), because approval of this Ordinance does not have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Lead Agency Contact Person: Majna Dukie, Director of Development Services Telephone No. (760) 328-2266 Date: ------
Majna Dukie, Director of Development Services
~ Signed by Lead Agency Date Received for filing at OPR: ---------------~ 1-20

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Attachment 5

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TO:

FROM:

CITY ATTORNEY

INDEPENDENT ANALYSIS
Planning Commission/City Council
Steven B. Quintanilla, City Attorney
DATE: September 7, 2023
SUBJECT: City Attorney's Independent Analysis of Ordinance Regulating Special Events in Residential Areas
SPECIFIC REQUEST OR RECOMMENDATION:

That the Planning Commission and City Council consider and receive and file the City Attorney's Independent Analysis of the proposed Ordinance amending Chapter 5.12 of the Rancho Mirage Municipal Code (RMMC) which regulates special events held on private property in residential zones.

JUSTIFICATION OR INFORMATION:

BACKGROUND
This involves a proposed ordinance amending Chapter 5 .12 of the Rancho Mirage Municipal Code (RMMC) which regulates special events held on private property in residential zones . The purpose of the proposed ordinance is to preserve the peace and tranquility of the City's residential neighborhoods by regulating the secondary negative effects of special events in residential neighborhoods, as reflected in the accompanying Staff Report Section 1.04.031 of the Rancho Mirage Municipal Code provides in part 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 .

DISCUSSION
Any city may make and enforce within its limits all local, police, sanitary , and other ordinances and regulations not in conflict with applicable state laws. Cal Const art XI, §7 . The police power of AGENDA ITEM#

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DATE: August 10, 2023 Page 2 of 2

JUSTIFICATION OR INFORMATION CONTINUED
a city is its right to adopt regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health , the public morals, or the public safety. Chicago, B. & Q. Ry. Co. v Illinois (1906) 200 US 561, 592, 26 S Ct 341. The exercise of police power must: 1) Be reasonably related to a legitimate governmental purpose. Birkenfeld v City of Berkeley (1976) 17 C3d 129, 158. See Consolidated Rock Prods.

Co. v City of Los Angeles (1962) 57 C2d 515, 522 (there must be reasonable basis in fact to support legislative determination of regulation's wisdom and necessity); and 2) Have a reasonable tendency to promote the public health, morals, safety, or general welfare of the community. Carlin v City of Palm Springs (1971) 14 CA3d 706, 711 (city has broad discretion in determining what is reasonable in endeavoring to protect public health, safety, morals, and general welfare of community).

The proposed ordinance will simply regulate the secondary effects of special events held in residential neighborhoods, which is clearly within the scope of City's police powers. It also is content-neutral in that it will not regulate or infringed upon any type of speech protected under the and the California Constitution and First Amendment of the United States Constitution. In light of the foregoing, the City Attorney's Office opines that the City has the legal authority to adopt and implement the provisions of the proposed ordinance, and 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 .

AGENDA ITEM#

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Attachment 6

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August 10, 2023
City of Rancho Mirage
City Hall -Council Chamber
Planning Commission
69825 Hwy 111
Rancho Mirage, CA. 92270
Attn: City Clerk (Planning Commission)

RECEIVED
CITY OF RANCHO HIRAGf
23 AUG I O AH 9: I 3
Re: Written letter to be entered in the Public record for the Rancho Mirage Planning Commission August 10, 2023 meeting -Agenda Item: 1 (Zoning Text Amendment Case No. ZTA23 -0001) Dear current Planning Commissioner's,
Please consider these written statements listed below prior to open discussion In regards to the listed meeting agenda Item.
1) Agenda Item: 1 (PUBLIC HEARING -Case No. ZTA23 -0001 Chapter 5.12 (Special Event permits) City officials have taken grave actions to produce documentation to detail the "Noticing" of the August 10, 2023 City of Rancho Mirage Planning Commission meeting in It's staff reports (page 3 of 3). Ph:tase be aware that i wasn't able to review the City's retained "File" (staff reports/ordinances) on August 1, 2023 (see attached copy of e-mail dated August 2, 2023). I was instructed by City staff to return the following week (August 7, 2023) at which time I would be granted access to review that "File" which was mentioned on the Public Hearing notice (giving only 72 hour advance notice to respond). Having such conflicting reporting from City documents (Staff report) from the dates of May 25 to July 26 and again with a August 4, 2023 written declaration of posting, It's very confusing and potentially misleading for potential external forces that may Investigate potential future Inquiries.

It's concerning that the City's legal counsel (Steven Quintanilla and associates) have used It's authority to dictate to City of Rancho Mirage Resident's by using case law that dates back to the years of 1906 up to 1976 to show just cause for actions to limit property rights and Resident's actions in regards to Individual freedoms. It's alarming that City officials are able to completely re-write City Municipal Code at it 's whim to potentially accommodate special Interests.

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Having municipal codes that dictate permit seekers to ONLY provide "Mobile Te lephone number(s)" and having open -ended dictates (I tem: G) that allows the City Manager to requ ired other non -listed Items and or demands of the app li cant would clearly be unreasonable. Section:

5.12.250 Appeals -wouldn't allow the City Council to review appea l hearings? ONLY the advisory committee (Planning) wou ld have that authority, that action would be unjust and misguided.

Sect i on 5.12.030 -Would all ow the City Manager and City legal counsel absolute authority over City properties that would be seen as possible threats to their private property and or selected Individuals and or organizations that wou ld be of lntrested to City officials.

It 's been repeatedly demonstrated that City officia ls (City Council members and now the City Manager) have potentially missuse their authority in an attempt to intimidate and or ga in influences through wrongful act ion s against Rancho Mirage property owners.

Residentia l properties are just that -families should never be required to be "permitted "by City officials to gather in their private Homes (property) or be monitored by City staff at their private event(s). Having the City of Rancho Mirage dictate that Private companies can 't use their homes or others resident properties to produce resources (gains) i s unusual. But -givin g precived non - profits the opportunity to Invade private Homes (properties) in City neighborhoods was reported by City documents to be beneficial for the greater good over the individual Home owner (Property). That misguided notion is absolute ly nonsensical and truly aga in st American values.

This proposal would benefit Cit y funded non-profits that provide little to No value to City of Rancho Mirage properties (Residents). It's only fair and equitable to disallow ALL money making ventures (P rivate and perceived non -profits) from operating within residential properties in the Great City of Rancho Mirage or to allow all properties the same and fair use of their "Private" properties.

Non -profits (Specia l Interests ) are businesses that producers revenue for themselves and others and they alone shou ldn't be allowed to destroy City neighborhoods due to influences from our five (5) Current City Counci l members that have allowed the City of Rancho Mirage to mirror other fast-food (Drive through ) rapidly deteriorating Cit ies that value specia l Interests over it's population. Consider disallowing all special events for one (1) year as a p ilot project -and revisit this subject next year when poss ibility a truly nonpartisan City Counc il replaces selected entrenched political representatives that have cause negative consequences for our once great City .

Sincere ly, ~ ~Q_ufr_l-A ~·
Brad Anderson I 37043 Ferber Dr. Rancho Mirage, CA. 92270

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----------Forwarded message ---------
From: Brad Anderson
Date : Wed, Aug 2, 2023, 11 :00 AM
Subject: Written comment -Public Hearing (August 10, 2023 -2:PM) Case No. ZTA23-0001 To: , , Kristie Ramos, CMC

Cc: Isaiah Hagennan, CPA
August 2, 2023
City of Rancho Mirage
Planning Division
69825 Hwy 111
Rancho Mirage, CA. 92270
(760)328 -2266
Attn: City Clerk
Re: Written Comment In regards to Not having timely access (denied access) to Inspect Public Hearings applicable document(s) in regards to the scheduled Public Hearing for August 10, 2023 (Zoning text amendment case No . ZT A23 -000)
Dear City of Rancho Mirage,
(City Clerk/Planning Department)
Yesterday (August 1, 2023) I was denied the opportunity by City of Rancho Mirage Staff to Inspect the 11 File" in relationship to the "zoning text amendment case No. ZT A23-0001 ". I was instructed by City of Rancho Mirage staff to return to City Hall (Planning Department) on the date of August 7, 2023 when the above requested "file" (City held documents) would be released for PubNc Inspection.

Please be aware that Al applicable documents pertaining to the proposed consideration of an Ordinance to amend Chapter 5.12 (Special Event pennlts) of the Rancho Mirage Municipal code - zoning text amendment case No. ZT A23-0001 are required to be easily accessible to the Public without delay after official properly noticed of an Public Hearing is given.

Please make the necessary arrangements to comply with California laws and regulations In regards to Public Hearlng(s) conducted in the City of Rancho Mirage.

Sincerely,
Brad Anderson I 37043 Ferber Dr. Rancho Mirage, CA 92270

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From:

To:

Subject:

Date:
1::1.a.tkll
Maina Duk ie
Comments for today"s Planning Commission Meeting regarding special events Thursday, August 10, 2023 11:54:55 AM
CA UTION; This email originated fro m ou t sid e The City of Ranch o Mirage . DO NOT CLICK links or open attachments unles s you rec ogniz e t he sender and know th e content is safe.

The following are my comments regarding the proposed revised special event ordinance .

I am in favor of the revised ordinance allowing private events without the interference of needing a permit.

However, since special events are limited to only 5 per year, and since such special events have numerous rules to reasonably protect neighbors and neighborhoods , I do not agree with the prohibition of a landowner receiving compensation for use. In previous meetings it was stated if landowners were paid for use then it would be commercial use and thus a zoning violation . However, this statement is not cotTect. In the case of Protect Our Neighborhoods v City of Palm Springs , the appellate court noted there was no prohibition of commercial use as long as the short te1m rental use was an ancillary and secondary use of the residence. While the Planning Commission can specifically ban compensation for special events, it could also allow such compensation . The Protect Our Neighborhoods case makes it clear a specific ordinance will control over any possible ambiguity in a zoning ordinance.

This is precisely the reason cities wanting to ban short term rentals have enacted ordinances specifically banning short term rentals. Most courts have found short term rentals are NOT zoning violations, and thus it takes a specific ordinance to ban such use. Similarly, it would not be a zoning violation for a homeowner to accept compensation for limited use of their residence . Accepting compensation will clearly become a violation if this ordinance passes in its current form. However, the Planning Commission could also make such compensation , limited to 5 times per year, clearly allowed . In addition, if compensation were allowed for special events , a fee or tax could be charged to help offset the cost of monitoring special events in the city.

I would like to pose a question. What is the difference in traffic flow , traffic congestion , air quality , noise , light, and glare between a special event where an owner receives compensation, and a special event where the owner does not receive compensation? I am certain the answer is "None".

Since compensation has zero effect on neighborhoods , and compensation for use is

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not a zoning violation, then what is the reason this Planning Commission is against a property owner being compensated for the financial risk of hosting a non -profit event ? I truly am perplexed and have no idea. It is ce1tainly not to prevent a property from having events every weekend, as the ordinance caps such events at 5 times per year. The answer cannot be that the city has always prohibited compensation to property owners for limited use of their residence. This is because until the recent ban on short term rentals, a property owner was allowed to accept compensation for such use. In addition, the current ordinance in effect does not prohibit compensation to a landowner for a non-profit special event. This new prohibition to compensation is actually a further restriction on property owner rights. It was my hope this commission was seeking to increase and balance prope1ty owner rights, not fu1ther restrict such rights without a logical reason or benefit.

While I still think it is wrong to forbid tax paying entities from hosting special events, while allowing non-tax paying entities to do so, I request the provision which prohibits compensation to a property owner, even for a non -profit special event, be removed.

Finally , as per my previous comment, provision 5.12.240 (G) still provides that complaints alone are enough to deny a permit. As I stated before, this provision does not require the complaints to be valid nor does it provide any due process to the prope1ty owner. Section (G) is not necessary, as any valid complaint would lead to disqualification for a permit under one of the other 8 sections (A-F,H,I).

Thank you for your consideration .

Mark Dubose

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Allen Matkins

VIA ELECTRONIC MAIL
August 9, 2023
City of Rancho Mirage Planning Commission
Attn: Kristie Ramos , City Clerk
69825 Highway 111
Rancho Mirage, California 92270
Email: [email protected]
Allen Matkins Leck Gamb le Mallory & Natsis LLP
Attorneys at Law
2010 Main Street , 8"' Floor I Irvine, CA 92614-7214
Telephone : 949 .553 .13131 Facsimile : 949.553 .8354
www .all enmatkins .com
Kelly C. Smith
E-mail: ksmith @allenmatkins .com
Direct Dial : 949851 5439 Fil e Number 393050 0000 I /4870 -7044 -5430 . I Re: Objections Related to the Planning Commission 's Consideration of an Ordinance to Amend Chapter 5.12 (Special Event Permits) of the Rancho Mirage Municipal Code; Agenda Item No. 1
Dear Honorable Members of the Planning Commission:

As you know, this firm represents Wendy Hope Heckmann, a lon gtime homeowner and resident of Rancho Mirage. As you also know, Ms. Heckmann is the plaintiff in pending liti gation against the City of Rancho Mirage regarding its current specia l event ordinance lo cated in Chapter 5.12 of the Rancho Mirage Municipal Code. The purpose of this letter is to detail Ms.

Heckmann's continuing concerns regarding the proposed Ordinance to amend Chapter 5.12 of the Rancho Mirage Municipal Code, which this Commission will consider at its August 10, 2023 meeting . We respectfully request that this letter be included as part of the administrative record for this matter. We a lso request that you again review our previous letters, which provide further background and specifics ; these are dated May 24, 2023, June 12 , 2023 , and July 1 I, 2023.

Since May 2023, the Commission has reviewed and considered three draft Ord in ances to amend Chapter 5.12-first, at a meeting on May 25 , 2023; next , at a specia l study session on June 12, 2023; and most recently, at a special study session on July 13, 2023 . Now, at its August, 10, 2023 meeting, this Commission is being asked to consider a fourth iteration. The City has undoubtedly made certain positive revisions to the draft Ordinance since May 25, 2023.

However, the City has ignored and failed to resolve other significant deficiencies therein.

Los Angeles I Orange County I San Diego I Century City I San Francisco

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Allen Matkins Leck Gamb le Mallory & Natsis LLP
Attorneys at Law
City of Rancho Mirage Planning Commission
August 9, 2023
Page2
First, the draft Ordinance still contain s unrealistic and impossible-to-meet noise limits.

As we have exp lained in prior correspondence and at prior P lanning Commiss io n meetings, under the draft Ordinance, if any noise above a whisper can be heard beyond a person's property line during a non -profit special event, the permit holder will be in vio lation of this City's noise ordinance and his or her specia l event permit. Further, the permit holder may be cited, fined, and barred from hosting future non-profit events. No non -profit event will be able to meet this standard, and li ve mus ic at non -profit special events will be a non-starter.

Second, Section 5.12 .0 80 of the draft Ordinance sti ll requires individuals to submit an application for a non-profit special event permit 30 working days-or 6 weeks-prior to the scheduled event. As we have exp lained in the past, this is an overly burdensome requirement, and it is unconstitutional. (See Su lli van v. City of Augusta ( I st Cir. 2 00 7) 5 11 F .3d 16, 38-39 ["[l]engthy advance filing requirements" for permits "such as the present thirty days, have been struck down as vio lative of the First Amendment."].) Further, it is unfair to impose this req uirement on Rancho Mirage residents without simi larly requiring the City to respond to a permit application within a spec ifi ed time. The Ordinance s houl d be revised to require the C ity to respond to permit app li cations within a certain period of time, so the app li cants know whether or not to spend time and resources planning for their event.

Finall y, the Ordinance, as drafted, is sti ll unclear as to whether a lcoho l may be served at non -profit special events. Section 5.12.27 0 of the draft Ordinance sets forth various "prohibited acts." That li st includes "[a]llowing any person to consume, se ll , or be in possession of intoxicating liquor in, around, or near the place where the non-profit special event is held, except where such consumption or possession is expressly authorized under the terms of this chapter and under the laws of the state." However, there is no other provision in the draft Ordinance stating when the consumption of a lcohol a t a non-profit special event is "expressly authorized." We understand from comments made at prior P lanning Comm ission meetings that the City does not mean to ban alcoho l at non-profit special events. If that is the case, the City shou ld revise the language in Sect ion 5.12.270 to make that point c lear.

On behalf of lo cal residents and property owners, we thank the Commissio n for it s carefu l attention to this matter. We request that the Commission direct the City to revise the draft specia l event ordinance in accordance with the points we raise here and in our prior letters.

Add ition ally, we strongly urge the Comm ission to recommend that Ranc ho Mirage's municipal code be rev ised to adopt reasonab le, not imposs ible, noise restrictions.

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Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
City of Rancho Mirage Planning Commission
August 9, 2023

Page 3 ends

Please contact me if you have any questions or wish to discuss these issues further.

Very truly yours ,
Kelly C. Smith
KCS:slp
cc: Michael B. Cobden
Law Offices of Quintanilla & Associates
Enclosures

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Allen Matkins

VIA ELECTRONIC MAIL
July 11 , 2023
City of Rancho Mirage Planning Commission
Attn: Kristie Ramos, City Clerk
69825 Highway 111
Rancho Mirage, California 92270
Email: [email protected]
Allen Matkins Leck Gamble Mallory & Natsis LLP
Altomeys at Law
2010 Main Street, 8"' Floor I Irvine , Ci\ 926 14 -72 14 Telephone : 949 .553 .1313 I Facsimile : 949 .553 .8354 www.allenmatkins .com
Kelly C. Smith
E-mail : [email protected]
Direct Dial : 9498515439 File Number: 393050.0000l/4877-1306-6863 .2 Re: Objections Related to the Planning Commission's July 13, 2023, Special Study Session Regarding an Ordinance to Amend Chapter 5 .12 (Special Event Permits) of the Rancho Mirage Municipal Code Dear Honorable Members of the Planning Commission:

As you know, this firm represents Wendy Hope Heckmann, a longtime homeowner and resident of Rancho Mirage. As you also know, Ms. Heckmann is the plaintiff in pending litigation against the City of Rancho Mirage regarding its current special event ordinance located in Chapter

5.12 of the Rancho Mirage Municipal Code . The purpose of this letter is to detail Ms. Heckmann's remaining, serious concerns with severa l still-problematic provisions in the draft Ordinance that the Planning Commission will consider at its specia l study session on July 13, 2023. We respectfully request that this letter be included as part of the administrative record for this matter. We also request that you again review our previous letters, which provide further background and specifics; these are dated May 24, 2023, and June 12, 2023.

BACKGROUND
As we have detailed in the past, Rancho Mirage's current special event ordinance, set forth in Chapter 5.12 of the Rancho Mirage Municipal Code as amended by Ordinance No. 1 138, is plainly unconstitutional. Acknowledging that indisputable fact, the City's staff has drafted multiple proposed amendments to Chapter 5.12 and asked this Commission to consider those amendments .

This Commission was first asked to consider a draft amendment to Chapter 5.12 at its May 25, 2023, meeting. However, that iteration was still vastly too restrictive and would have required Rancho Mirage residents to notify the City 30 days' in advance and pay hundreds of dollars for a permit to hold normal gatherings at their own homes.

Los Angeles I Orange County I San Diego I Century City I San Francisco

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Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys al Law
City of Rancho Mirage Planning Commission
July 11 , 2023

Page 2 ends

Next, the Commission was asked to consider a different draft amendment at a June 12, 2 023, special study session. That iteration was a significant improvement as it no lon ger attempted to regulate residents' use of their own homes for private events. However, it sti ll contained severa l major deficiencies, which we outlined in a letter to this Commission. (See attached).

Now, the Commission is being asked to consider a third draft amendment to Chapter 5.12 at a second special study session that will be held on July 13, 2023. We appreciate that some further, positive changes have been made in this iteration. However, we caution the Commission that this version of the special event ordinance still contains several serious deficiencies that must be resolved if the City is to have a constitutional ordinance. Put simply, while this draft address obvious flaws, it leaves in (intentionally?) "sneaky" provisions that the City staff will be able to use arbitrarily (and unconstitutionally) to prevent unfavored gatherings. For example, any nonprofit event that generates more noise than a household refrigerator -which every sing le event will do - can be prohibited.

OBJECTIONS
Noise Limits: Section 5.12.160 of the draft Ordinance sti ll requires all non -profit spec ial event[s] to "comp ly with any noise, traffic and other restrictions regarding the non -profit spec ia l event's hours of operation ." Accordingly, this provision requires those hosting non -profit specia l events to comp ly with the noise limits set forth in Chapter 8.45.030 of the Rancho Mirage Municipal Code.

As was explained at this Commission's May 25 and June 12 meetings, Rancho Mirage's noise limits are highly problematic and unrealistic. Chapter 8.45.030 prohibits noise in excess of 55 dBA in medium and high density residential areas from 6 PM -10 PM. According to Yale University, a household refrigerator emits noise that is 55 dBA and a normal conversation is 60-70 dBA. (See https://ehs .yale.edu/sites/default/files/files/decibel-level-chart.pdf.) Thus, under the draft Ordinance, if any noise beyond a whisper can be heard beyond a person 's property lin e, a permit holder is in violation of his or her permit and may be c it ed, fined $1,00 0 or more, and barred from hosting future non -profit events. NO non-profit event will be legal.

Acknow ledging that this standard is impossible to meet, at the Commission's June 12 meeting, Commission Chair David Grey called for further review of the noise ordinance and noted that it may need to be adjusted . This Commission shou ld require the City to heed Mr. Grey's sage advice. The current noise standard is ak in to entrapment. Under this standard , every person hosting a non -profit event will be in violation of his or her permit and subj ect to expensive fines. If the City supports its residents in giving back to charitab le organizations, it must adjust the noise ordinance so that it imposes reasonable-not impossib le-noise limits .

Perm it Approva l Time line: Section 5.12.080 of the draft Ordinance requires individuals to submit an application for a non-profit special event permit 30 working days prior to the schedul ed

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Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
City of Rancho Mirage Planning Commission
July 11 , 2023

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event -six weeks! However, despite our prior comment to the Commission, th e draft Ordinance still contains no language indicating when the City must respond to an application. Rancho Mirage residents trying to host charitable events deserve to know quickly if their permit app li cation will be processed and approved, so they can plan accordingly and are not left in limbo, with the loss to the non -profits of potentially tens of thousands of dollars in deposits to caterers, rental companies, etc.

Prohibited Acts: Section 5.12.270 of the draft Ordinance sets forth various "prohibited acts." That list in c lud es "[a]llowing any person to consume, se ll , or be in possession of intoxicating liquor in, around, or near the place where the non-profit special event is held, except where such consumption or possession is expressly authorized under the terms of this chapter and under the laws of the state."
There is no other provision in the draft Ordinance stating when the consumption of alcohol at a non -profit special event is "express ly authorized." Therefore, as drafted , the draft Ordinance is a "gotcha" that prohibits consumption of any alcohol at a non -profit special event. And, of course, every non -profit fundraising event in c lud es alcohol.

We raised this point in our last letter to the Commission, and this point was discussed during public comment at the la st study sess ion . Sti ll , the City has failed to adjust the language in this provision . It cannot be the standard that, in Rancho Mirage, no person is allowed to have a glass of wine at a non -profit specia l event. Accordingly, we urge the Commiss ion to require that this provision be c larified such that a lcoho l consumption is permitted at non-profit special events if served in accordance with State law, as follows:

The following acts sha ll be prohibited :

E. Allowing any person to consume, se ll , or be in possession of intoxicating liquor in, around, or near the place where the non -profit special event is held, except where such consumption or possession is express ly authorized under the terrns of this chapter and under the laws of the state."
CEQA: The City sti ll improperly concludes that the adoption of this version of the drafl ordinance is exempt from environmenta l review under CEQA Guidelines sections 15378 and 15061 (b)(3) because (i) the draft Ordinance does not have the potential to for causing a significant effect on the environment, and (ii) it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

As we have explained multiple times, the City's conclusions are not supported by adequate-or any-facts. The rigors ofCEQA require much more than simp ly bald-faced conclusions. (See Muzzy Ranch Co. v. Solano County Airport Land Use Commission (2007) 41

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Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
City of Rancho Mirage Planning Commission
July 11 , 2023

Page 4 ends

Cal.4th 372, 388.) The Commission should urge the City to provide facts and analysis to support its conclusion that the draft Ordinance is exempt from CEQA and otherwise satisfies legal scrutiny.

CONCLUSION
On behalf oflocal residents and property owners, we thank the Commission for its careful attention to this matter. We request that the Commission direct the City to revise the draft special event ordinance in accordance with the points we raise here and in our prior letters. Additionally, we strongly urge the Commission to recommend that Rancho Mirage's municipal code be revised to adopt reasonable, not impossible, noise restrictions.

Please contact me if you have any questions or wish to discuss these is s ues further.

Very truly yours,
Kelly C. Smith
KCS:slp
cc: Michael B. Cobden
Law Offices of Quintanilla & Associates
Enclosures

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Allen Matkins

VIA ELECTRONIC MAIL
June 12, 2023
City of Rancho Mirage Planning Commission
Attn: Kristie Ramos , City Clerk
69825 Highway 111
Rancho Mirage, California 92270
Email: kristier@ranchomirageca .gov
Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
2010 Main Street, 8th Floor I Irvine, CA 92614 -7214
Telephon e: 949.553 .1313 I Facsimile 949.553 .8354
www.allenmatkins .com
Kelly C. Smith
E-mail: [email protected]
Direct Dial : 9498515439 File Number : 393050.00001 /4882 -3414 -3593 . I Re: Objections Related to the Planning Commission's June 12, 2023, Special Study Session Regarding an Ordinance to Amend
Chapter 5.12 (Special Event Permits) of the Rancho Mirage Municipal Code
Dear Honorable Members of the Planning Commission :

This firm represents Wendy Hope Heckmann, a longtime homeowner and resident of Rancho Mirage. Ms. Heckmann is also the plaintiff in pending litigation against the City of Rancho Mirage regarding its current special event ordinance located in Chapter 5 .12 of the Rancho Mirage Municipal Code. The purpose of this letter is to detail (i) Ms. Heckmann's concerns with the Planning Commission 's June 12, 2023, Special Study Session regarding the amendment of Chapter

5.12 of the Rancho Mirage Municipal Code and (2) certain problematic provisions in the draft Ordinance that the Planning Commission will consider at its meeting.

We respectfully request that this letter be included as part of the administrative record for this matter.

BACKGROUND
Ms. Heckmann owns a home in Rancho Mirage, where she has lived for more than 20 years.

A cherished place, Ms. Heckmann raised her children in this home and has held countless gatherings there over the years for friends and family . Ms. Heckmann is also a benefactor of many charitable organizations and hosts events for those organizations at her home, which is situated on approximately seven (7) acres.

Los Angeles I Orange County I San Diego I Century City I San Francisco

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Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys al Law
City of Rancho Mirage Planning Commission
June 12, 2023

Page 2 ends

On November 16 , 2022, Ms. Heckmann initiated a lawsuit against the City of Rancho Mirage because the City's current special event ordinance, set forth in Chapter 5.12 of the Rancho Mirage Municipal Code as amended by Ordinance No. 1138, is plainly unconstitutional and impinges on her and other residents' rights to use their homes for private gatherings.

Specifically, as drafted, Rancho Mirage's current special event ordinance prohibits all gatherin gs of 25 or more people at a residential property unless the gathering is held for or by a non - profit organization-meaning that residents cannot host normal events like birthday parties, holiday gatherings, book clubs, bible studies, etc. in their own homes if 25+ people will be in attendance .

As enforced, the City appears to be permitting people to host private gatherings of25 or more people in their homes if they comply with Chapter 5.12's many rules governing special events.

These rules require residents to obtain and pay $252 for a special event permit and contain a litany of illegal restrictions on how, when, and how often a person may host gatherings in his or her own home. Either way, Chapter 5.12 and the City's enforcement policy are both unconstitutional and violate Rancho Mirage residents' rights of assembly, association, and privacy.

Ms. Heckmann 's case against the City is sti ll pending. Acknowledging that its current special event ordinance is unconstitutional, the City drafted an ordinance to amend to Chapter 5.12, which this Commission was asked to consider and recommend for approval to the City Council at its May 25, 2023, meeting.

THE PLANNING COMMISSION'S MAY 25, 2023, MEETING
The Planning Commission last considered Rancho Mirage's specia l event ordinance at its May 25, 2023, meeting. Ms. Heckmann received less than a week's notice of the meeting. She (and other Rancho Mirage residents) had to cancel pre-existing plans and rearrange travel to attend, which they did because they feel so strong ly about this issue. That was evident from the meeting; there was high attendance and many public comments, including a story from a gentleman who recounted how the City shut down his 70th birthday party because he did not have a special event permit and did not know he needed one to throw himself a birthday patty.

The version of the ordinance considered at this Commission's May 25, 2023, meeting was the epitome of over-regulation and would have required Rancho Mirage residents to seek specia l event permits and pay the City hundreds of dollars to hold basic, typical gatherings at their hom es.

This Planning Comm ission agreed, declining to recommend the proposed ordinance to the City Council and in stead calling for a further study session on the matter with the public's participation and input.

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Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
City of Rancho Mirage Planning Commission
June 12 , 2023

Page 3 ends

OBJECTIONS

1. The City has failed to provide its residents with ample notice and a meaningful opportunity to participate in this Special Study Session.

After receiving such short notice that the Planning Commission would be considering an amendment to the specia l event ordinance at its May 25, 2023, meeting, Ms. Heckmann, through counse l, sent letters to the City C lerk and the City's attorney requesting advance notice of all future study sessions, workshops, meetings, and other public hearings regarding Rancho Mirage's special event ordinance. Ms. Heckmann received no response.

Then , on Friday, June 9, 2023, at 5:47 PM, Ms. Heckmann received an emai l from Majna Dukie, Director of Deve lopm ent Services for the City, notifying her that the Planning Commission would be holding a Special Study Session regarding Rancho Mirage 's special event ordinance the following Monday, June 12, 2023. An auto-generated emai l from the City to its e-news subscribers went out even later-at 6: 15 PM on Friday night.

Ms. Dukie 's email was the first notice that Ms . Heckmann received of this Special Study Session, despite her prior requests to the City that she be given advance notice of all meetings regarding the special event ordinance. This time, she is unable to cance l pre-ex isting plans and therefore will be unable to attend.

We believe this Commission intended for the public to be involved in the study and consideration of Rancho Mirage's special event ordinance. Unfortunately, it appears that the City is yet again trying to avoid public participation and input on this matter. The City first notified Rancho Mirage residents on Friday night of a meeting that would take place the following Monday afternoon (when some individuals are working) in the summer (and oth e rs are travelling). The City's actions are unacceptable and its request in the Staff Report for the Planning Commission to "consider public comment" is disingenuous. The City has failed to provide sufficient notice of this meeting to allow for meaningful public participation.

As was evident from the ample public comment at this Commission's May 25, 2023, meeting, many Rancho Mirage residents feel strongly about and have been negatively affected by the City's current special event ordinance. Those individuals and all community members deserve the opportunity to participate in discussions and studies on the matter. Accord in gly, we respectfully request that the Planning Commission hold a further study session on Rancho Mirage's specia l event ordinance and provide the public with at least two weeks' notice of the meeting.

2. The draft Ordinance contains several ambiguous and problematic provisions.

The draft Ordinance that this Commission is being asked to consider at the Special Study Session is a significant improvement to the prior version introduced at the Commission's May 25,

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Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
City of Rancho Mirage Planning Commission
June 12 , 2023

Page 4 ends

2023, meeting as it no longer attempts to regulate residents' use of their own homes for private events . We recognize and appreciate that improvement. However, we also caution the Commission that this draft still contains several concerning provisions .

Noise Limits: Section 5.12 .160 of the draft Ordinance requires all non -profit special event[s] to "comply with any noise, traffic and other restrictions regarding the non -profit special event's hours of operation." Accordingly, this provision requires those hosting non -profit special events to comply with the noise limits set forth in Chapte r 8.45.030 of the Rancho Mirage Municipal Code. As was explained at this Commission's May 25 , 2023, meeting, Rancho Mirage's noise limits are problematic and unrealistic .

Chapter 8.45.030 prohibits nois e in excess of 55 dBA in medium and high density residential areas from 6 PM -IO PM. According to Yale University, a household refrigerator emits noise that is 55 dBA whereas a normal conversation is 60-70 dBA . (See https://ehs.yale.edu/sites/default/files/files/decibel-level -chat1.pdf.) Thus, under the draft Ordinance, if any noise can be heard beyond a person's property line that is above a whisper, a permit holder is in violation of his or her permit. Put differently, if a guest at a non -profit event is having a normal conversation near the property line at 6:30 PM, the permit holder is in violation of his or her permit.

Under the draft Ordinance, the permit holder may then be cited, fined $1,000 or more, and barred from hosting future non -profit events. This cannot be the standard.

We urge the Planning Commission to recommend that the City to adopt reasonable nois e limits. Othetwise, as currently drafted , virtually every person who hosts a non -profit event at his or her home will be in violation of Rancho Mirage's noise ordinance and subject to expensive fines.

Further, the City may use those guaranteed noise violations as mere pretext to deny future non - profit special event permits to certain residents .

Permit Approval Timeline: Section 5.12.080 of the draft Ordinance requires an individual to submit an application for a non -profit special event permit thirty working days prior to the scheduled event. However, the draft Ordinance contains no language indicating when the City must respond to an application. Rancho Mirage residents trying to host charitable events deserve to know how quickly their permit application will be processed , so they can plan accordingly and are not left in limbo.

Prohibited Acts: Section 5.12.270 of the draft Ordinance sets forth various "prohibited acts." That list includes "[a]llowing any person to consume, sell, or be in possession of intoxicating liquor in, around, or near the place where the non -profit special event is held, except where such consumption or possession is expressly authorized under the terms of this chapter and under the laws of the state." However, there is no other provision in the draft Ordinance explaining when the consumption of alcohol at a non -profit special event is authorized . Therefore, as drafted, the draft Ordinance appears to prohibit alcohol at all non-profit special events.

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Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
City of Rancho Mirage Planning Commission
June 12, 2023

Page 5 ends

We certainly understand the need to regulate alcohol consumption and to protect against overconsumption and consumption by minors. Conversely, having a glass of wine at a non-profit special event is normal and to -be-expected. Accordingly, we request that the Commission require language clarifying that alcohol consumption may be permitted at non -profit specia l events if served in accordance with State law.

3. The City has failed to conduct the requisite due diligence to determine whether the Ordinance is exempt from CEQA.

The City improperly conc lud es that the adoption of the draft Ordinance is exempt from environmental review under CEQA Guide lin es sections 15378 and 15061 (b )(3) because (i) the draft Ordinance does not have the potentia l to for causing a significant effect on the environment, and (ii) it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

First, the City's conc lu sions in suppott of the asserted CEQA exemptions are not supported by adequate, or any, facts. The City simp ly conc lud es without any factual or legal analysis that the proposed Ordinance has no potential or possibility for causing or having a sign ificant effect on the environment. The rigors of CEQA require much more than simp ly bald-faced conclusions.

The City must provide actual facts and detailed analysis demonstrating that the adoption of th e draft Ordinance does not and will not have the potential to be environmentall y impactful as necessary to allow for application of the exemptions provided under CEQA Guide lin es sections 15378 and 15061 (b)(3). (Mu zzy Ranch Co . v. Solano County Airport Land Use Commission (2007) 41 Cal.4th 372, 388 ["Th e detai l required in any particular case necessarily depends on a multitude of factors, including, but not limited to, the nature of the project, the directness or indirectness of the contemplated impact and the abi lity to forecast the actual effects the project wi ll have on the physical environment."].) As outlined below, the City does not and cannot meet this mandatory burden.

Under CEQA, a proposed activity constitutes a "project" requiring env ironm ental review if, by its general nature, the activity "is capable of causing a direct or reasonably foreseeable indirect physica l change in the environment." (Union of Medical Marijuana Patients, Inc. v. City of San Diego (2019) 7 Cal.5th I 171 , I 196; Muzzy Ranch Co., supra, 41 Cal.4th at p . 388.) Here, the proposed Ordinance is capable of causing a reasonably foreseeable indirect physical change in the environment by requiring the regulation and permitting of certain, arbitrar il y selected, activities and events in residential neighborhoods while al lowin g for other, potentially impactful activities to escape regulation. Among other things, the reasonably foreseeable result of the City's adoption of the Ordinance will be to shift the location for potentially qualifying activities to other areas of the City for which there has been no analysis of potential impacts, including as to traffic , noise, and other impacts.

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Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
City of Rancho Mirage Planning Commission
June 12, 2023

Page 6 ends

Overa ll , the City fails to provide adequate, or any, facts and analysis to support its conclusion that the draft Ordinance is exempt from CEQA and otherwise satisfies legal scrutiny.

CONCLUSION
On behalf of local residents and property owners, we thank the Planning Commission for its careful attention to this matter. We strongly request that the Planning Commission host a future study session regarding Rancho Mirage's special event ordinance and provide the public with amp le notice of that meeting, so the draft Ordinance can be considered as part of a transparent and collaborative public review process to comply with the requirements of the U .S . and California Constitutions, applicab le provisions of the P lannin g and Zoning law, and the California Environmental Quality Act (CEQA). Additionally, we request that the Planning Commission recommend that Rancho Mirage's municipal code be revised to adopt reasonab le noise restrictions and that the ambiguous lan guage in the draft Ordinance be revised as explained above.

Please contact me if you have any questions or wish to discuss these issues further.

Very truly yours,
Kelly C. Smith
KCS:slp
cc: Michael B. Cobden
Law Offices of Quintanilla & Associates

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Allen Matkins

VIA ELECTRONIC MAIL
May 24, 2023
City of Rancho Mirage P lannin g Commission
Attn: Kristie Ramos, City C lerk
69825 Highway I 11
Ranc ho Mirage, California 92270
Email: [email protected]
Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
20 10 Main Street, 81
" Floor I Irvine, CA 92614-7214
Telephone: 949.553.13 13 I Facsimile: 949.553 .83 54
www.a ll enmatkins .com
Kell y C. Smith
E-mail: ksmith@allenmatkins .com
Direct Dial 94985 15439 File Number: 393323.0000l/4874-4066-3398.2 Re: Objections to the Planning Commission's Recommendation of an Ordinance to Amend Chapter 5.12 (Special Event Permits) of the Rancho Mirage Municipal Code; Agenda Item No. 2
Dear Honorable Members of the Planning Commission:

This firm represents Wendy Hope Heckmann, a lon gtime homeowner and resident of Rancho Mirage. Ms. Heckmann is also the plaintiff in pending litigation against the City of Rancho Mirage regarding it s current specia l event ordinance located in Chapter 5.12 of the Rancho Mirage Municipal Code. The purpose of this letter is to detail Ms. Heckmann's objections to the proposed Ordinance to amend Chapter 5.12 of the Rancho Mirage Municipal Code, which the P lanning Commission will consider at its May 25, 2023, meeting.

We respectfully request that this letter be included as part of the administrative record for this matter.

BACKGROUND
Ms. Heckmann owns a home in Rancho Mirage, where she has li ved for more than 20 years.

A cherished place, Ms. Heckmann raised her chi ldren in this home and has held countless gatherings there over the years for friends and family. Ms. Heckmann is also a benefactor of many charitable organizations and hosts events for those organizations at her home, which is situated on approximately seven (7) acres.

On November 16, 2022, Ms. Heckmann initi ated a lawsuit against the City of Rancho Mirage because the City's current specia l event ordinance, set forth in Chapter 5.12 of the Rancho Los Angeles I Orange County I San Diego I Century C ity I S,m Francisco

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Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
City of Rancho Mirage Planning Commission
May 24, 2023

Page 2 ends

Mirage Municipal Code as amended by Ordinance No. 1138, is plainly unconstitutional and impinges on her and other residents' rights to use their homes for private gatherings.

Specifically, as drafted, Rancho Mirage's current special event ordinance prohibits all gatherings of 25 or more people at a residential property unless the gathering is held for or by a non - profit organization-meaning that residents cannot host normal events like birthday parties, holiday gatherings, book clubs, bible studies, etc. in their own homes if 25+ people will be in attendance.

As eriforced, the City appears to be permitting people to host private gatherings of 25 or more people in their homes ifthey comply with Chapter 5.12's many rules governing special events.

Ms. Heckmann 's case against the City is still pending. Acknowledging that its cmTent special event ordinance is unconstitutional , the City has drafted an Ordinance to amend to Chapter

5.12, which this Planning Commission is being asked to consider and recommend for approval to the City Council at a subsequent hearing. But the amended Ordinance still falls woefully short of a reasonable-and legal-ordinance.

As explained below, the Ordinance is unconstitutional and overreaching. Its many, burdensome conditions will require residents to seek a special event permit (and pay the City hundreds of dollars for a permit) before, for example, hosting their chi ld 's birthday pat1y and having a bounce house. ft will require residents to obtain a special event permit if they want to host a catered baby shower or bridal shower. And it will require residents to guess how many of their guests might park in authorized parking areas along public streets. Residents who do not obtain specia l event permits for these normal, life events face thousands of dollars in City fines.

The Ordinance is not one with a small impact. Rather, it affects all Rancho Mirage residents who open their homes to friends , family, members of political and hobby groups to which they belong, and members of their religious congregations. With such a sweeping impact, one would think the City would have sought the input of its residents. But the City did not. Instead, the City has quietly tried to push the Ordinance forward . To that end, Ms. Heckmann first received the draft Ordinance this past weekend, giv in g her less than a week's notice that the City was having the Ordinance considered by the Planning Commission on May 25, 2023.

For the reasons set forth below, we respectfully urge the Planning Commission to recommend denial of the Ordinance to the City Council or, alternatively, recommend that the City Council suspend the public hearing on the Ordinance and direct staff to work with members of the community in a transparent and co ll aborative effort to craft a further, revised specia l events ordinance that is both constitutionally compliant and narrowly tailored in nature and scope to achieve the City's goals without infringing upon the rights of Rancho Mirage residents.

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Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
City of Rancho Mirage Planning Commission
May 24, 2023

Page 3 ends

OB.JECTIONS

1. The Ord inan ce is the epitome of over-regulation and will require Rancho Mirage residents to seek special event permits and pay the City hundreds of dollars to hold basic, typical gatherings at their homes.

As drafted , th e Ordinance would re quire residents to obtain a s pec ial event permit to host an event with, among other things , any of the following:
• A "temporary structure" of 12 0 square feet or larg er (bas ically anything larger than an EZ-UP);
• Amplified noise;
• Temporary lighting totaling more than 1500 lum e n s (the equivalent of a single I00W lightbulb);
• A generator;
• A propane tank;
• A food truck or temporary outdoor cooking operations; or • Where more than 2 0 vehicles park off-s ite .

The real-life implications of th ese restrictions are severe. Under the propose d regim e, Rancho Mirage residents would need to obtain and pay for a special event pe rmit if they:
• Host an event with a bounce house;
• Host an outdoor gathe ring with patio heate rs;
• Host an event with typical event tents;
• Host a barbeque where th e barbeque runs off a propane tank ; • Host an eve nt where they put up string lights outdoors ; • Ho st a catered event; or
• Host an e ve nt where any music can be h eard beyond th e property lin e.

Again, these are basic, normal events that res idents should be permitted to hold at their own hom es without government approval or ov ers ight. And these are such normal events that residents will n ever think to ask for C ity permi ss ion , so the Ci ty will b e makin g its residents into criminals.

Unfortunately , th e Ordinance contains other, unreasonable restrictions. For example, it requires that "special events" be concluded by 8 PM if held Sunday-Thursday or by IO PM if he ld Friday-Saturday. Any amplified noi se must be turn e d off an hour be for e th e event concludes.

To be clear, that m eans that a Rancho Mirage re s ident who ho sts a Thanksgiving celebration where patio heaters are use d must (in addition to paying $252 for a s pecial e ve nt permit) turn off all music by 7 PM and kick his or her guests out by 8 PM.

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Allen Matkins Leck Gamble Mallory & Natsis LLP
Allurneys al Law
City of Rancho Mirage Planning Commission
May 24, 2023

Page 4 ends

With respect to noise, the Ordinance req uires a person to obtain a spec ial event permit if there will be amplified sound in excess of the noise limits set forth in Chapter 8.45.030 of the Rancho Mirage Municipal Code. That particular section prohibits noise in excess of 55 dBA in medium and high density residential areas from 6 PM-10 PM. According to Yale University, a household refrigerator em it s noise that is 55 dBA whereas a normal conversation is 60 -70 dB A. (See http s://e hs .yal e.ed u/sites/defa ult/fil es/fi les/decibe l-level -chart.pdf) Thus, under the Ordinance, if any music can be heard beyond a person's property lin e that is above a whisper, that person must obtain a specia l events permit.

Overall, the C ity 's Ordinance is a gross overstep and far more severe than sim ilar specia l event ordinances adopted by neighboring c iti es. There is simp ly no reason to impose this type or level of restriction on Rancho Mirage's residents. Further, the proposed Ordinance does littl e to rectify the unconstitutionality of Rancho M irage's current specia l event ordinance. Instead, the C ity has simply repackaged the ordinance so that it conta in s a lit any of triggering condition s, which are designed to allow the City to continue overregulating private events on residential properties.

2. The Ordinance is unconstitutional and infringes on Rancho Mirage residents' constitutional rights, including the right to assembly.

The Ordinance contravenes lon g-established law dictating that the freedom of assembly is "susceptib le of restriction only to prevent grave and immediate danger" and that "broad prophylactic rules" attempting to govern that right are inherently suspect. (See West Virginia State Bd. of Educ. v. Barnette (1943) 319 U.S . 624, 639 ; N.A.A.C.P. v. Button (1963) 371 U.S . 4 15, 438.) Here, the Ordinance is most certainly a "broad prophylactic rule" that goes far, far beyond the bounds of reasonable regulation in attempting to control gatherings at private residences in the City of Rancho Mirage. The Ordinance is overbroad and its terms are not tailored to a leg itimate government interest. Further, it will chi ll residents ' actions and dissuade them from ho sting events for family , friends, and groups in which they are in vo lved, including religious and political organizations . Thus, the Ordinance as drafted is un constitutiona l.

Further, the Ordinance improperly requires excessive advance notice as it mandates that an application for a special event permit be subm itt ed 3 0 days in advance. Courts look cautious ly at any law requiring a person to subm it a permit before exercising F irst Amendment rights . Genera ll y, courts find s hort notice periods (i.e., 5 days) reasonab le, so cities hav e time to think through public safety or traffic contro l issues, but strike down laws requir in g that permits be submitted 2 0+ days in advance. (See Sullivan v. City of Augusta (1 st Cir. 2007) 51 1 F .3d 16 , 38-39.) Finally, the Ordinance has serio us privacy implications. It requires residents to notify the City of the nature and/or purpose of the event and when and where the event will take place . These

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Allen Matkins Leck Gamb le Mallory & Natsis LLP
Attorneys at Law
City of Rancho Mirage Planning Commission
May 24, 2023

Page 5 ends

requirements will chi ll residents from pat1icipating in or hosting religious, ideological, or political gatherings for fear of reprisal.

People must be a llowed to gather freely (even ifa patio heater is involved) without big brother lookin g over their shou ld er.
3 . The City has failed to conduct the requisite due diligence to determine whether the Ordinance is exempt from CEQA.

The City improperly conclud es that the adoption of the Ordinance is exempt from e nvironmenta l review under CEQA Guidelines sections 153 78 and 1506 1 (b )(3) because (i) the Ordinance does not have the potential to for causing a significant effect on the environment, and (ii) it can be seen with ce11ainty that there is no possibility that the Ordinance may have a significant effect on the environment.

First, the City's conclusions in support of the asserted CEQA exemptions are not supported by adequate, or any, facts. The City simp ly conc ludes without any factual or legal analysis that the proposed Ordinance has no potential or possibility for causing or having a significant effect on the environment. The rigors of CEQA require much more than simply bald-faced conclusions.

The C ity must provide actual facts and detailed analy s is demonstrating that the adoption of the Ordinance does not and will not have the potential to be environmentall y impactful as necessary to allow for application of the exemptions provided under CEQA Guide lin es sections 15378 and 15061 (b)(3). (Muzzy Ranch Co. v. Solano County Airport Land Use Commission (2007) 4 1 Cal.4th 372,388 ["The detail required in any particular case necessarily depends on a multitude of factors , including, but not limited to, the nature of the project, the directness or indirectness of the contemplated imp act and the ability to forecast the actual effects the project will have on the physical e nvironm ent."].) As outlined below, the C ity does not and cannot meet this mandatory burden.

Under CEQA, a proposed activity constitutes a "project" requiring environmenta l review if, by its genera l nature, the activity "is capable of causing a direct or reasonably foreseeable indirect physical change in the env ironm ent." (Union of Medical Marijuana Patients, Inc. v. City of San Diego (2019) 7 Cal.5th 1171, 1196; Muzzy Ranch Co., supra, 41 Ca l.4th at p. 388.) Here, the proposed Ordinance is capab le of causing a reasonab ly foreseeable indirect physical change in the environment by requiring the regulation and permitting of certain, arbitrarily selected, activities and events in residential n eighborhoods while allowing for other, potentially impactful act iviti es to escape regulation. Among other things, the reasonably foreseeable result of the C ity 's adoption of the Ordinance will be to shift the lo cation for potentially qualifying activ iti es to other areas of the C ity for which there has been no analysis of potential impacts, including as to traffic, noise , and other impacts.

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Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
City of Rancho Mirage Planning Commission
May 24, 2023

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Moreover, there is no explanation or analysis provided by the City for why the list of "elements" selected as triggering the requirement for a special event permit are "particularly likely to create a nuisance condition, a threat to public health and safety, or to have potentially negative impacts on neighboring properties." (Planning Commission Staff Report, p. 2 of 3.) Again, the City fails to provide adequate, or any, facts and analysis to support its conclusion that the Ordinance is exempt from CEQA and otherwise satisfies legal scrutiny.

CONCLUSION
On behalf of local residents and property owners, and for the reasons outlined above, we strongly request that the Planning Commission recommend denial of the Ordinance to the City Council, or, at minimum, recommend that the public hearing be continued indefinitely until such time as the Ordinance has been revised as part of a transparent and collaborative public review process to comply with the requirements of the U.S. and California Constitutions , applicable provisions of the Planning and Zoning law, and the California Environmental Quality Act (CEQA).

Please contact me if you have any questions or wish to discuss these issues further .

Very truly yours,
Kelly C. Smith
KCS:slp
cc: Michael B. Cobden
Law Offices of Quintanilla & Associates

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CITY OF. MIRAGE:
©

STAFF REPORT
TO: Mayor and City Council DATE: September 7, 2023
FROM: Ben Torres, Planning Manager
SUBJECT: Historic Preservation Case No. HP23-0004 -Consideration to Designate the Pink Elephant Sign Located at 71490 Highway 111 as a Historic Resource

SPECIFIC REQUEST OR RECOMMENDATION
That the City Council adopt Resolution No. 2023-(Next-in-Order), Designating the Pink Elephant Sign Located at 71490 Highway 111, Rancho Mirage, California (Assessor Parcel Number 684-181-011) a Historic Resource. (Pursuant to Rancho Mirage Municipal Code Chapter 15.27)

JUSTIFICATION OR INFORMATION
Sign Information
The Pink Elephant Sign is located on the north side of Highway 111 on the Rancho Super Car Wash property. The double-sided neon sign sits atop two round streel posts. The sign depicts a pink elephant with a cap spraying water with its trunk on the words "Rancho Super Car Wash", with neon tubes of various colors outlining the mascot and lettering . In the City of Rancho Mirage there are no other original roadside neon signs still existing. The Pink Elephant Sign is unique due to its size, use of color, neon animation, condition, and prominent location along Highway 111.

The sign was designed by Beatrice Haverfield who started creating pink elephant signs in the mid 1950's for the Elephant Car Wash in Seattle. When the Rancho Super Car Wash opened in 1966 it used one of the same sign designs, which was unique to the area. This sign is also listed in the City's 2003 Historic Resources Survey.

Detailed information on the sign and its history can be found in the attached Historic Preservation Commission Staff Report (Attachment No. 5) and Historic Designation Packet (Attachment No. 7).

Historic Preservation Commission (HPC) Review
On July 12, 2023, the Historic Preservation Commission was presented with the subject request, which included the applicants detailed application packet and pictures of the sign.

The Commission unanimously agreed that the Pink Elephant Sign met the requirements for AGENDA ITEM#

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DATE: September 7, 2023
HP23-0004
JUSTIFICATION OR INFORMATION CONTINUED:

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designation based on its history and the way it represents the City of Rancho Mirage. No public comments were made or provided at the meeting other than an introduction by a representative for Preservation Mirage which is assisting the applicants.

After further discussing the Pink Elephant Sign the Historic Preservation Commission made the following motion:

MOTION: MOVED/SECONDED BY TRAUPANE/LOPEZ TO RECOMMEND TO THE CITY

COUNCIL THE DESIGNATION OF THE PINK ELEPHANT SIGN AT THE RANCHO SUPER CAR WASH LOCATED AT 71490 HIGHWAY 111 AS A HISTORIC RESOURCE BASED ON

THE CRITERIA THAT THE SUBJECT SIGN IS ASSOCIATED WITH A BUSINESS OR USE

WHICH WAS ONCE COMMON BUT IS NOW RARE OR NON EXISTENT WITHIN THE CITY PURSUANT TO RANCHO MIRAGE MUNICIPAL CODE CHAPTER 15.27. MOTION CARRIED 3/0.

Attached to the staff report is the property owner's signed consent to designate the Pink Elephant Sign as a Historic Resource.

Criteria
RMMC Section 15.27.07 0 (B) provides that the City may find a particular structure to be a historical resource upon finding one or more of the following criteria are met:
• The subject structure or site is associated with a business or use which was once common but is now rate or non-existent within the city.

Public Noticing
Municipal Code Section 17.74.020, Hearing and notice, requires that all property owners, as shown on the county's latest equalized assessment roll, within a five -hundred -foot radius of the boundaries of the subject parcel be notified of matters requiring a public hearing. If the number of property owners to whom the notice would be mailed to is less than twenty-five, then the mailing radius is required to be increased to one thousand feet as measured from the exterior boundaries of the subject parcel. Mailing notices were sent out to thirty-two (32) property owners, within 500-foot radius fifteen days prior to the set public hearing date.

Notice is also required to be published in a local newspaper of general circulation and in public places. The subject notice was published in The Desert Sun on August 27, 2023. The notice was also posted at City Hall, The Rancho Mirage Library & Observatory, and on the City's website on August 23, 2023.

California Environmental Quality Act (CEQA)
This Historic Designation request is categorically exempt pursuant to CEQA Section 15331 for historical resource restoration/rehabilitation.

AGENDA ITEM#

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DATE: September 7, 2023
HP23-0004
JUSTIFICATION OR INFORMATION CONTINUED:

Program Status

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As of this date, the City Council has designated 73 structures as Historic Resources. If this sign is designated, it would increase that total by one. In addition, there are two designated Historic Districts in the City -Tamarisk Ranchos I and Cody Court.

Summary
The subject sign has been a landmark for the City of Rancho Mirage since it was built given that it's the only neon road sign in the City. These factors make the Pink Elephant Sign at the Rancho Super Car Wash uniquely qualified for designation as a Historic Resource under the criteria described in the City's Historic Preservation Program as set forth in Title 15 of the Municipal Code.

Attachment($)

1. Aerial photograph

2. Public Hearing Notice

3. Proposed Resolution

4. Consent letter from property owner

5. HPC Staff Report dated July 12, 2023

6. Draft HPC Minutes dated July 12, 2023

7. Historic Designation Packet
AGENDA ITEM#

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ATTACHMENT 1
71490 Highway 111
Pink Elephant Sign at Rancho Super Car Wash

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ATTACHMENT 2
~ CITY OF RANCHO MIRAGE
Planning Division
69-825 Highway 111
Rancho Mirage , CA 92270
[email protected]
Phone(760)328-2266

PUBLIC HEARING NOTICE

CITY COUNCIL REGULAR MEETING
Thursday, September 7, 2023 -1 :00 p.m.

HISTORIC PRESERVATION CASE NO. HP23-0004
Applicant: Randy & Lorraine Barnes
Request: Designation of the Pink Elephant Sign located at the Rancho Super Car Wash for placement on the City of Rancho Mirage Register of Historic Resources as a structure important to the cultural, archaeological, social, economic, architectural, and/or political history of Rancho Mirage for the purpose of encouraging the preservation, improvement and/or promotion of such structure.

Location: 71490 Highway 111 (APN: 684-181-011)
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 15, Chapter 15.27 "Historic Preservation Program" under the "Buildings and Construction" Section. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331 Class 31 (Historical Resource Restoration/Rehabilitation).

The Public Hearing will be held on Thursday, September 7, 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 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.

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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Rancho Mirage
Attn: City Clerk
69-825 Highway 111
Rancho Mirage, California 92270
APN : 684-181-011
ATTACHMENT 3
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
(Exempt from recording fees pursuant to Government Code Sections 6103 and 27383) RESOLUTION NO.

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RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE DESIGNATING THE PINK ELEPHANT SIGN LOCATED AT 71490 HIGHWAY 111, RANCHO MIRAGE, CALIFORNIA (ASSESSOR PARCEL NUMBER 684-181-011) A

HISTORIC RESOURCE
WHEREAS, pursuant to Rancho Mirage Municipal Code ("RMMC") Section

15.27.050 "Historic resource -Nominations," the Rancho Mirage Historic Preservation Commission ("Commission"), after an open public meeting, caused the issuance of a written recommendation in support of the designation of the Pink Elephant Sign (the "Pink Elephant Sign") located at the Rancho Super Car Wash ("Subject Property") located at 71490 Highway 111, Rancho Mirage, California (Assessor Parcel Number 684-181-011) as a Historic Resource; and
WHEREAS, the Subject Property is owned by Richard Fromme and Eldon Anderson and has a legal description of .52 Acres Por Lot 18 MB 022/090 Rancho Mirage Village TR, Rancho Mirage; and
WHEREAS, the Commission determined that the Pink Elephant Sign meets the requisite criteria set forth in RMMC Section 15.27.070 "Historic resource -Criteria" to qualify as a designated Historic Resource; and
WHEREAS, pursuant to RMMC Section 15.27.050 "Historic resource - Nominations," the Rancho Mirage City Council considered the Commission's recommendation at a duly noticed public hearing.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE AS FOLLOWS:

Section 1. Recitals.

That the recitals set forth above are true and correct.

Section 2. Historic Resource Designation.

That the Pink Elephant Sign located at 71490 Highway 111, Rancho Mirage, California (Assessor Parcel Number 684-181-011) is hereby designated as a Historic Resource, subject to all of the applicable provisions set forth in RMMC Chapter 15.27 "Historic Preservation Program," attached hereto and incorporated herein by this reference as Exhibit "A," as such provisions may be subsequently amended from time to time.

Section 3. Severability.

That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court 2 8-8
action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 4. Repeal of Conflicting Provisions.

That all the provisions heretofore adopted by the City or the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 5. Effective Date.

That this Resolution shall take effect upon its adoption.

Section 6. Certification.

That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.

Section 7. Recordation.

That the City Clerk, pursuant to RMMC Section 15.27.0S0J, record this Resolution with the Riverside County Recorder's Office.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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PASSED, APPROVED AND ADOPTED this 7th day of September 2023.

Richard W. Kite, Mayor
ATTEST:

Kristie Ramos, CMC, City Clerk
APPROVED AS TO FORM:

Steven B. Quintanilla, City Attorney
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EXHIBIT "A"
RANCHO MIRAGE MUNICIPAL CODE CHAPTER 15.27
"HISTORIC PRESERVATION PROGRAM"
(SEE ATTACHED)
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Rancho Mirage, California Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION
Chapter 15.27 HISTORIC PRESERVATION PROGRAM

15.27.010 Intent.
15 .27.020 Definitions.

15.27.030 Tax abatement incentive-Contracts .

15.27.040 Survey/inventory-Historic structures and sites .

15.27.050 Historic resource-Nominations .

15.27.060 Nomination -Pending building permit applications. 15 .27.070 Historic resource-Criteria.

15.27.080 Tolling.

15.27.090 Historic resource-Regulations .
15 .27.100 Historic resource-Maintenance .

15.27.110 Historic district.

15.27.120 Building permit applications-Minor alterations.

15.27.130 Building permit applications-Major alterations.

15.27.140 Building permit applications-Demolition.
15 .27 .145 Reservation land -Tribal consent required.

15.27 .150 Enforcement.

15.27.010 Intent.

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The intent of this chapter is to provide a mechanism for identifying certain structures, sites and districts which represent eras, events, or persons important in the city's cultural, archaeological, social, economic, architectural, and/or political history for the purpose of encouraging the preservation, improvement and/or promotion of such structures and sites without forcing private property owners to sell their properties through the use of the city's power of eminent domain. (Ord. 1119 § 2, 2017; Ord. 943 § 2, 2006; Ord. 833 § 4, 2003)

15.27.020 Definitions.
"Architectural" means the architectural elements embodying style, design, general arrangements and components of all of the outer surfaces of any improvements, including, but not limited to, the kind, color and texture of the building materials and the style and type of all windows, doors, lights, signs, and other fixtures appurtenant to a structure.
"Demolition" means the destruction or removal of a structure or parts of a structure substantially equivalent to the whole .
"Exterior alteration" means any modification to the exterior of a structure for which a building permit is required.
"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time taking into account economic, environmental, legal, social and technological factors. "Historic preservation commission" means the historic preservation commission described in Chapter

2.34. "Historic resource" means a site, improvement, appurtenance, natural feature or other object that has been designated as such pursuant to this chapter, including those found to qualify for listing in the National Register of Historic Places.
"Interior alteration" means any modification to the interior structure for which a building permit is required.
"Major alterations" means a modification of any architectural feature(s) or natural feature(s) of a historic resource that will have a substantial effect on the defining features or character such as adding to an existing structure, constructing a new structure, changing exterior building materials, modifying the grade or topography.
"Minor alteration" means a modification of any architectural feature(s) or natural feature(s) that will have a minimum effect on the defining character and/or architectural style of a historic resource. "Reservation" shall mean the Indian lands as defined by the Indian Gaming Regulatory Act of 1988 (P.L. 100-497, codified at 25 U.S.C. Section 2701 et seq ., and 18 U.S.C. Sections 1166 through 1168) (IGRA), and any successor statute or amendments, or lands otherwise held in trust for the Agua Caliente Band of Cahuilla Indians Tribe by the United States within the jurisdictional boundaries of the city of Rancho Mirage.

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"Site" means the geographic location and its environs, of any proposed or currently designated historic resource that is under the prospective or current review and consideration pursuant to the provisions set forth in this chapter by staff, the historic preservation commission or the city council. (Ord. 1119 § 2, 2017; Ord. 833 § 4, 2003)

15.27 .030 Tax abatement incentive-Contracts.

The city may enter into Mills Act contracts, as set forth in California Government Code Section 50280 et seq., with a property owner or association of property owners, as may be permitted under the Mills Act , to abate (reduce) the taxes on the property under their respective control that has been designated a historic resource or historic district in return for the owner's or owners' association's binding commitment to maintain the physical integrity and character of the historic resource or historic district in a manner consistent with state law and the provisions set forth in this chapter. (Ord. 1119 § 2, 2017; Ord. 943 § 2, 2006; Ord. 833 § 4, 2003)

15.27 .040 Survey/inventory-Historic structures and sites.

A. The city shall maintain a survey and/or inventory of those structures and sites within the city which: (1) represent an era, event, or person important in the city's cultural, archaeological, social, economic, architectural, and/or political history; and (2) those structures and sites that potentially qualify to be placed or have been placed on the National Register of Historic Places.

B . The survey and/or inventory and any amendments thereto shall include appropriate written findings and photographs or other visual depictions of the subject structure or site which demonstrate that the structure or site does in fact represent an era, event, or person important in the city's cultural, archaeological, social, economic, architectural , and/or political history.

C. Any survey and/or inventory prepared or amended pursuant to this section shall be presented to the historic preservation commission for its review and recommendation to the city council.

D. The city council shall conduct a duly noticed public hearing to determine which structures and sites should be added to or removed from the survey or inventory and which contained therein shall be deemed historic resources for purposes of this chapter. The city shall provide notice of the city council public hearing pursuant to Section 17 .74 .020 (8) of this code .

E . The city council 's decision shall be memorialized by a written resolution of the city council.

F. If the city council's decision does not involve a remand to the historic preservation commission, then it shall be deemed a final decision that is not subject to any further administrative review by the city. (Ord. 1119 § 2, 2017; Ord . 833 § 4, 2003)

15.27.050 Historic resource -Nominations.

A. The city council or the city manager, or designee, may nominate any structure or site to be a historic resource pursuant to the criteria set forth in this chapter.

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B. Any city resident may submit an application to the city manager or designee to nominate a non - owned structure or site as a historic resource that is not listed on the city 's survey/inventory, provided that the nomination application is submitted with a bona fide historical analysis or report prepared by a qualified historic preservation professional retained by the nomination applicant at his or her own expense that demonstrates the nominated structure or site qualifies to be listed on the National Register of Historic Places. The application must be submitted with the payment of an application fee in the amount set by resolution of the city council which shall be refunded if the nominated structure or site is approved as a historic resource by the city council.

C. Within ten days after the city or a non -owner's nomination application is deemed complete, the city shall provide written notice to the record owner of the nomination of the subject structure or site. Said notice shall include: (a) whether the owner(s) consents or objects to the nomination; (b) an explanation of the nomination process; (c) the criteria that will be considered by the city when considering the nomination; and (d) an explanation of the rights and benefits afforded to the owner of a city -designated historic resource, subject to the following:

1. The record owner of a nominated site or structure shall have up to fifteen days of receipt of the nomination notice to inform the city in writing of whether the owner consents or objects to the nomination . Failure to respond within the designated time period shall be deemed as consent to the nomination.

2. Nominated structures or sites which do not have the record owner's consent shall be treated as follows :
a. If the city manager or designee determines that the nominated structure or site qualifies for listing in the National Register of Historic Places, the owner's consent is not required, and the nomination shall be presented to the historic preservation commission for its review and consideration pursuant to the procedures set forth in this chapter.
b. If the city manager or designee determines that within five years of the date of the nomination the nominated structure or site will be at least fifty years old and meet the criteria for listing in the National Register of Historic Places , the owner's consent is not required and the nomination shall be presented to the historic preservation commission for its review and consideration pursuant to the procedures set forth in this chapter.

D. A property owner may submit a nomination application to the city manager or designee for a structure or site owned by the property owner. If the subject structure or site is not listed on the city's survey/inventory, then the application must include a bona fide historical analysis or report prepared by a qualified historic preservation professional retained by the property owner at his or her own expense that demonstrates the nominated structure or site qualifies as a historic resource pursuant to the criteria set forth in this chapter. The application must be submitted with the payment of an application fee in the amount set by resolution of the city council which shall be refunded if the nominated structure or site is approved as a historic resource by the city council.

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E. If the city manager or designee determines that the structure or site does not qualify for listing in the National Register of Historic Places, and the owner objects to the nomination, no further action shall be taken on the nomination.

F. If the city manager or designee determines that a nomination warrants being processed pursuant to the provisions of this chapter, each member of the historic preservation commission shall be required to visit or view the location of the nominated structure or site at the time and in the manner established by the city manager or designee.

G. After each member of the historic preservation commission visits or views the location of the nominated structure or site, the historic preservation commission shall review and consider the nomination application pursuant the terms and criteria set forth in this chapter in an open public meeting.

This meeting shall be scheduled within thirty days after the nomination application has been deemed complete.

H . If the historic preservation commission finds and determines that the nominated structure or site does not qualify for listing in the National Register of Historic Places at the current time or within five years of the date of the nomination, the nomination shall proceed no further unless such a determination is appealed to the city council with the owner's consent , subject to payment of the requisite appeal fee as set forth by city council resolution. An appeal filed by the property owner shall be processed without an appeal fee.

I. If the historic preservation commission finds and determines that the nominated structure or site qualifies as a historic resource pursuant to the terms and criteria of this chapter, the nomination shall be presented to the city council in the context of a duly noticed public hearing with the written recommendation of the historic preservation commission.

J. If the city council finds and determines after a duly noticed public hearing that the nominated structure or site qualifies as a historic resource pursuant to the terms and criteria of this chapter, the city council shall memorialize its action by a written resolution of the city council, which shall be duly recorded by the city clerk with the Riverside County recorder's office.

K. If the city council's action does not involve a remand to the historic preservation commission, then its action shall be deemed a final decision that is not subject to any further administrative or appellate review by the city.

L. In the event the city council decides to designate a nominated structure or site a historic resource pursuant to this chapter, the city shall notify the owner(s) of such designation via certified mail return receipt requested within ten days of the city council's final decision .

M . Following designation of a property as a historic resource by the city council, the property owner shall be offered a historic resource plaque for placement at the location of the historic resource . In no case shall any historic resource plaque be placed on private property without the record owner's or owners' written consent.

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N. Following designation of a property as a historic resource by the city council, the property owner shall be offered an opportunity to participate in the Mills Act Property Tax Abatement Program. (Ord. 1119 § 2, 2017; Ord. 998 § 1, 2010 ; Ord . 833 § 4, 2003)

15.27.060 Nomination-Pending building permit applications.

A. No building permit shall be issued for major alteration or modification, construction, or demolition regarding any nominated structure or site while the nomination is pending review by the historic preservation commission and/or the city council, unless it is to prevent an undue hardship or to comply with an applicable law or ordinance or the city's chief building official or fire marshal determines in writing that certain facts and circumstances exist that require the issuance of a permit in order to prevent or abate an immediate threat to public health and safety.

8. In no event shall any building permit be withheld under this section for a period exceeding ninety days. This subsection shall not apply to any minor alteration , major alteration or demolition building permit application pending appeal before the city council at the time of the effective date of the ordinance codified in this chapter. (Ord. 1119 § 2, 2017 ; Ord. 833 § 4 , 2003)

15.27.070 Historic resource-Criteria.

A. The city may determine whether a particular structure or site qualifies for listing with the National Register of Historic Places upon a finding that the structure or site is at least fifty years of age and the following criteria are met:

1. The quality of significance in American history, architecture , archeology, engineering, and cultures is present in sites, buildings, structures and objects that possess integrity of location, design, setting, materials, workmanship , feeling, and association ; and

2. That are associated with events that have made a significant contribution to the broad patterns of our history; or

3. That are associated with the lives of persons significant in our past ; or

4. That embody the distinctive characteristics of a type , period, or method of construction , or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

5. That have yielded or may be likely to yield, information important in prehistory or history.

6. In determining whether a particular structure or site qualifies for listing with the National Register of Historic Places, the city manager or designee , the historic preservation commission and the city council may consider as probative any bona fide historical analysis , report , survey or inventory prepared by a qualified historic preservation professional.
8 . The city may find a particular structure or site to be a historic resource upon finding that one or more of the following criteria are met:

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1. The subject structure or site is representative of a particular architectural style or reflects special elements of a historical period, type, style or way of life important to the city;

2. The subject structure or site is associated with a business or use which was once common but is now rare or non-existent within the city;

3. The subject structure or site is representative of the evolution or development or associated with the cultural, religious, educational, political, social or economic growth of the city, county, state or nation;

4. The subject structure or site represents the work of a master builder, engineer, designer, artist or architect whose individual genius influenced an era;

5. The subject structure or site signifies an historic event or is associated with persons or events that have made a meaningful contribution to the city, state or nation; 6 . The subject structure or site has a high potential for yielding information or archaeological interest;

7. The subject structure or site embodies elements of outstanding or innovative attention to architectural or engineering design, detail, craftsmanship or use of materials; or

8. The subject site contains an unusual natural feature.

C. In the absence of a showing that a famous or well -known individual has made significant contributions to the city, state or nation, a former residence of such famous or well-known individual should not qualify as a historic resource, unless the structure itself qualifies under the criteria set forth in this section.

D. A structure or site may qualify as a historic resource upon a finding that facts and circumstances exist that meet the criteria for placing the structure or site on the National Register of Historic Places and/or the California Register of Historical Places. (Ord. 1119 § 2, 2017; Ord. 833 § 4, 2003)

15.27.080 Tolling.

The time requirements set forth in this chapter shall automatically be tolled during the course of any public hearing conducted pursuant to this chapter. (Ord. 1119 § 2, 2017; Ord. 833 § 4, 2003)

15.27.090 Historic resource-Regulations.

All historic resources shall be subject to the regulations set forth in this chapter and any amendments to it. (Ord. 1119 § 2, 2017; Ord. 833 § 4, 2003)

15.27.100 Historic resource-Maintenance.

The owner of a historic resource shall keep and maintain a historic resource consistent with all applicable standards and regulations set forth in this code. (Ord. 1119 § 2 , 2017; Ord . 833 § 4, 2003)

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15.27.110 Historic district.

A. The city council on its own or at the recommendation of the commission may without the owner's consent designate any defined geographic area within the city a historic district provided that the city council determines that the structures or sites within the proposed historic district share a similar history, related significance and common architectural identity with one another. Absent the owners' consent, the city shall not impose any special standards upon the maintenance, preservation or rehabilitation of any of the structures or sites situated within such a designated district.

8. If a majority of the total number of structures within a defined geographic area have been deemed to be historic resources pursuant to this chapter and a majority of the property owners within the defined geographic area provide their written consent, then that area may be designated a historic district at the request of the subject property owners or their bona fide representative(s), provided that the city council determines that the structures within the proposed historic district share a similar history, related significance and common architectural identity with one another and a majority of the subject property owners agree to adopt special standards via recordable conditions, covenants, restrictions or any other similar recordable instruments relating to the preservation and/or rehabilitation of the common areas that have been identified by the city to contribute to the overall integrity or character of the proposed historic district. Any request submitted for historic district designation by the owners or on behalf of the owners shall be presented to the city manager or designee for the historic preservation commission's review and recommendation to the city council. (Ord. 1119 § 2, 2017; Ord . 943 § 2, 2006)

15.27.120 Building permit applications-Minor alterations.

A. Building permit applications for minor alterations, as that term is described in this chapter, to the exterior of a historic resource or a structure under consideration by the historic preservation commission or city council for designation as a historic resource, shall be submitted on a form prescribed by the city to the city manager or designee for his or her review.

8. Upon receipt of a complete application which shall include the payment of the requisite application fee, the city manager or designee shall commence review of the subject application to determine whether the requested alteration may result in a modification of an architectural feature(s) or natural feature(s) that will have a detrimental effect on the defining character and/or architectural style of the exterior of the subject historic resource or one currently in the nomination process.

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C. If the city manager or designee determines that the requested alteration will detrimentally affect a defining character and/or architectural style of the exterior of the subject historic resource, or one within the nomination process, then the city manager or designee may order up to a twenty-one-day stay on further processing of the subject permit application unless it is to prevent an undue hardship or to comply with an applicable law or ordinance or the city's chief building official or fire marshal determines in writing that certain facts and circumstances exist that require the issuance of the permit in order to prevent or abate an immediate threat to public health and safety. The stay order shall not prevent or preclude the issuance of any other permits the chief building official or fire marshal have determined in writing are necessary to mitigate or abate a situation that poses an immediate threat to public health and safety.

D. During any such stay ordered by the city manager or designee, the city manager or designee in consultation with the historic preservation commission may recommend to the applicant feasible alternatives to the proposed alteration which may include, but are not limited to: (1) relocation; (2) remodeling; (3) transfer of ownership; (4) financial assistance from the city or other public agencies; (5) financial assistance from private organizations; (6) change in use; (7) change in design; (8) consultation with an architect paid for by the city or other public agency; (9) change in configuration of uses; (10) change in intensity of uses; (11) entering into a Mills Act contract with the city, and any other alternatives not precluded by law.

E. If the applicant declines the alternatives recommended by the city manager or designee, the applicant may then appeal the city manager or designee's recommendation to the city council.

F. Within twenty-one days after receipt of the appeal, the city council shall conduct a noticed public hearing on the appeal. The city shall provide notice of the appeal hearing pursuant to Section 17 .74 .020 (8) of this code.

G. The city council may extend the stay period an additional twenty-one days for further consideration or ratify, modify or reject the city manager or designee's recommendation .

H. Nothing in this chapter shall permit the city to deny a building permit application for a minor alteration to a historic resource, nor one within the nomination process, despite any alternatives recommended by the city. The city, however, reserves the right to deny a building permit application for a minor alteration based on other applicable provisions of this code not set forth in this chapter. (Ord. 1119 § 2, 2017; Ord . 833 § 4, 2003)

15.27.130 Building permit applications-Major alterations.

A. Building permit applications for major alterations, as that term is described in this chapter, to the exterior of a historic resource or a structure under consideration by the historic preservation commission or city council for designation as a historic resource, shall be submitted to the city manager or designee on a form prescribed by the city.

8. Within thirty days of receipt of a complete application which shall include the payment of the requisite application fee, the city manager or designee shall meet with the applicant, conduct a site visit, and cause the preparation of a staff report regarding the subject application and submit it to the historic preservation commission for its review and recommendation to the city council.

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C. Prior to the historic preservation commission meeting at which the application will be reviewed and considered, each member of the historic preservation commission shall be required to visit or view the location of the nominated structure or site at the time and in the manner established by the city manager or designee.

D. The historic preservation commission shall review the subject application to determine whether the requested alteration may result in a modification of an architectural feature(s) or natural feature(s) that will have a detrimental effect on the defining character and/or architectural style of the exterior of the subject historic resource, or one in the nomination process.

E. If the historic preservation commission determines that the requested alteration will detrimentally affect a defining character and/or architectural style of the exterior of the subject historic resource, or one in the nomination process, then the commission with the consent of the city manager or designee may order up to a twenty-one-day stay on further processing of the subject permit application unless it is to prevent undue hardship or to comply with an applicable law or ordinance or the city's chief building official or fire marshal determines in writing that certain facts and circumstances exist that require the issuance of the permit in order to prevent or abate an immediate threat to public health and safety. The stay order shall not prevent or preclude the issuance of any other permits the chief building official or fire marshal have determined in writing are necessary to mitigate or abate a situation that poses an immediate threat to public health and safety.

F. During any such stay ordered by the historic preservation commission, with the consent of the city manager or designee, the commission after conferring with pertinent staff shall recommend to the applicant feasible alternatives to the proposed alteration which may include, but are not limited to: (1) relocation ; (2) remodeling; (3) transfer of ownership; (4) financial assistance from the city or other public agencies; (5) financial assistance from private organizations; (6) change in use; (7) change in design; (8) consultation with an architect paid for by the city or other public agency; (9) change in configuration of uses; (10) change in intensity of uses; (11) entering into a Mills Act contract with the city, and any other alternatives not precluded by law.

G. If the applicant objects to the alternatives recommended by the historic preservation commission, then the applicant may appeal the commission 's recommendation to the city council.

H. Within twenty-one days of receipt of the appeal, the city council shall conduct a public hearing on the appeal. The city shall provide notice of the appeal hearing pursuant to Section 17 .74 .020 (8) of this code.

I. The city council may extend the stay period an additional twenty-one days for further consideration or ratify, modify or reject the historic preservation commission's recommendation.

J. Nothing in this chapter shall permit the city to deny a building permit application for a major alteration to a historic resource despite any alternatives recommended by the city. The city, however, reserves the right to deny a building permit application for a major alteration based on other applicable provisions on this code not set forth in this chapter. (Ord. 1119 § 2, 2017; Ord. 833 § 4, 2003)

15.27.140 Building permit applications-Demolition.

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A. Building permit applications for demolition, as that term is described in this chapter, involving a historic resource, or one in the nomination process, shall be submitted to the city manager or designee on a form prescribed by the city.

B. All building permit applications for demolition involving a historic resource, or one in the nomination process, shall be subject to an automatic twenty-one-day stay which shall commence upon the receipt of a complete application which shall include the payment of the requisite application fee . The twenty-one-day stay shall be waived if the city's chief building official or fire marshal determines in writing that certain facts and circumstances exist that require the issuance of the permit in order to prevent undue hardship or to comply with an applicable law or ordinance or to prevent or abate an immediate threat to public health and safety. The stay order shall not prevent or preclude the issuance of any other permits the chief building official or fire marshal have determined in writing are necessary to mitigate or abate a situation that poses an immediate threat to public health and safety.

C. Within thirty days after receipt of a complete application which shall include the payment of the requisite application fee, the city manager or designee shall cause the preparation of a staff report regarding the subject application and submit the staff report to the historic preservation commission for its review and recommendation to the city council.

D. The historic preservation commission with the consent of the city manager or designee and after conferring with pertinent staff shall recommend to the applicant feasible alternatives to the proposed demolition which may include, but are not limited to: (1) relocation of the subject improvement by the city or other public agencies ; (2) remodeling; (3) transfer of ownership; (4) financial assistance from the city or other public agencies; (5) financial assistance from private organizations; (6) change in use ; (7) change in design; (8) consultation with an architect paid for by the city; (9) change in configuration of uses; (10) change in intensity of uses; (11) entering into a Mills Act contract with the city, and any other alternatives not permitted by law.

E. After the historic preservation commission meeting, the commission shall submit its recommendation to the city council which shall conduct a noticed public hearing on the subject application.

F. The city council may extend the stay period an additional twenty-one days for further consideration or ratify, modify or reject the historic preservation commission 's recommendation.

G. The city council may order the immediate issuance of the demolition permit to prevent undue hardship or to comply with an applicable law or ordinance or to prevent or abate an immediate threat to public health and safety. The stay order shall not prevent or preclude the issuance of any other permits the chief building official or fire marshal have determined in writing are necessary to mitigate or abate a situation that poses an immediate threat to public health and safety. The city council shall prepare written findings that justify and support any such determination.

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H. Nothing in this chapter shall permit the city to deny a building permit application for demolition of a historic resource, or one in the nomination process, despite any alternatives recommended by the city, other than the city's agreement to relocate the historic resource as set forth in subsection K of this section. The city also reserves the right to deny demolition based on other applicable provisions on this code not set forth in the chapter.

I. The city reserves the right to relocate any property within the city as an alternative to granting the owner a demolition permit. The exercise of this option shall be done with or without the owners sharing the expense, and shall be done expeditiously. (Ord. 1119 § 2, 2017 ; Ord. 833 § 4, 2003)

15.27.145 Reservation land-Tribal consent required.

The written consent of the Aqua Caliente Band of Cahuilla Indians Tribe shall be required before the application or enforcement of any of the provisions of this chapter to lands located within the Reservation. (Ord. 1119 § 2, 2017)

15.27 .150 Enforcement.

A. Any violation of the provisions of this chapter by any member of the public responsible for committing, causing or maintaining such violation shall constitute a public nuisance .

B. Any violation of the provisions of this chapter by any member of the public responsible for committing, causing or maintaining such violation shall constitute an infraction violation.

C. Any violation of the provisions of this chapter by any member of the public responsible for committing, causing or maintaining such violation shall constitute grounds for modification , suspension and/or revocation of any permit or license issued for any use or activity in or on the subject property.

D. The city reserves the right to seek additional remedies against any member of the public responsible for committing, causing or maintaining any violation of the provisions of this chapter such as, but not limited to, denying or revoking certificates of occupancy, issuing stop work orders and seeking injunctive relief. (Ord. 1119 § 2, 2017; Ord. 833 § 4, 2003) Contact:

City Clerk: 760-324-4511
Published by Qua li ty Cod e Publi shing, Sea ttl e, WA. By using this site , you agree to the te rm s of use .

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07/13/2023
Richard Fromme
2223 Madrona Way
Coupeville, WA 98239 -3202
ATTACHMENT 4
Via Email
RE: Historic Preservation Case No . HP23-0004 Pink Elephant Sign -71490 Highway 111
Dear Mr. Fromme:

The Historic Preservation Commission is of the opinion that you have done a wonderful job in providing a detailed documentation of the Pink Elephant Sign at the Rancho Super Car Wash. I am pleased to inform you that the Commission voted to recommend designation of the Pink Elephant Sign as a Historic Resource to the City Council, and that it meets the criteria pursuant to our local Historic Preserva~ion Program .

The City's Historic Preservation Program requires that the City obtain the property owner's consent to the nomination . The nomination process requires a public hearing before the City Council. Please indicate the property owners consent as to the requested nomination:

Date
We will scrjedule your request for the next available City Council meeting once we receive a notification package. Per City requirements , you will receive notification of the public hearing approximately 15 -days in advance of the scheduled meeting .

If you have any questions, please feel free to contact me at (760) 328-2266.

Sincerely, _________ _
~ ... -----·-... ~c~--.. -~·····-----·
I
Ben Torres
Planning Manager
l1 .,, ·, I' I,-, '

8-24
TO:

FROM:

STAFF REPORT
Historic Preservation Commission
Ben Torres, Planning Manager
ATTACHMENT 5
DATE: July 12, 2023
SUBJECT: Historic Preservation Case No. HP23-0004 -Pink Elephant Sign at 71490 Highway 111

SPECIFIC REQUEST OR RECOMMENDATION
Staff recommends that the Historic Preservation Commission provide direction regarding the Historic Designation request.

ATTACHMENTS:

1. Aerial Photograph
2 . Historic Designation Packet

BACKGROUND/REQUEST
The Rancho Super Car Wash leaseholders Randy & Lorraine Barnes submitted a Historic Designation request for the Pink Elephant Sign located at 71490 Highway 111. They have been operating the facility since 2008. In addition, the application was signed by the property owner Richard Fromme who was the owner that opened the car wash in 1966. This sign is listed in the City's 2003 Historic Resources Survey.

PINK ELEPHANT SIGN
The sign is located on the north side of Highway 111 on the Rancho Super Car Wash property.

The double-sided neon sign sits atop two round stree l posts. The sign depicts a pink e lephant with a cap spraying water with its trunk on the words "Rancho Super Car Wash", with neon tubes of various colors outlining the mascot and lettering. In the City of Rancho Mirage there are no other original roadside neon signs of the mid-century still existing. The Pink Elephant Sign is unique due to its size, use of color, neon animation with the water spray, condition, and prominent location along Highway 111 .

Historic Preservation Commission Staff Report AGENDA ITEM#

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DATE: July 12, 2023 HP23-0004 Page 2 of 2
JUSTIFICATION OR INFORMATION CONTINUED:

HISTORIC DESIGNATION CRITERIA
Section 15.27.070 of the Rancho Mirage Municipal Code establishes a list of criteria for a residence to potentially qualify as a Historic Resource. The applicants are requesting that the sign be considered under only the following criteria:

1. The subject structure or site is associated with a business or use which was once common but is now rate or non-existent within the city.

In the attached Historic Designation Packet, exhibits and picture from various time periods are provided. In addition, a detailed history of the sign, DPR Report, and historical significance is included . The document focuses on the historical importance of the Pink Elephant Sign and its importance to the City of Rancho Mirage .

Historic Preservation Commission Staff Report AGENDA ITEM#

8-26
ATTACHMENT 6
············································································ ------···········································-············· ················································· ~ CIN OF RANCHO MIRAGE

CALL & NOTICE OF A

HISTORIC PRESERVATION COMMISSION MEETING
WEDNESDAY JULY 12, 2023
City of Rancho Mirage
City Hall -Conference Room #3
69-825 Highway 111
Rancho Mirage, CA 92270

PROPERTY TOUR

1. 71391 Mirage Road
9:00 A.M.

DRAFT MINUTES
REGULAR MEETING (Approximately 9:30 a.m.1 immediately after the Property Tour) CALL TO ORDER-9:43 A.M.

Roll Call of Regular Commission Members:

Chair Traupane, Vice Chair Leibowitz, Commissioner Lopez -Present Commissioner Keller, Commissioner Braun -Absent

MOVED/SECONDED BY TRAUPANE/LEIBOWITZ TO EXCUSE COMMISIONERS KELLER AND BRAUN'S ABSENCE. MOTION CARRIED 3/0.

Roll Call of Ex-Officio Members:

Mayor Kite, Mayor Pro Tern Downs, Council Member Weill -Present Council Member Mallotto , Council Member Marker -Absent NON-AGENDA PUBLIC COMMENTS -None
APPROVAL OF MINUTES May 10, 2023, Regular Meeting Minutes MOVED/SECONDED BY TRAUPANE/LOPEZ TO APPROVE THE MAY 10, 2023, REGULAR MEETING MINUTES MOTION CARRIED 2/0 WITH VICE CHAIR LEIBOWITZ ABSTAINED.

ACTION AND DISCUSSION IT EMS

1. Follow-up discussion of Property Toured :
a. Historic Preservation Case No. HP23-0001 -Request from Younhee Choi (Property Owner) of designation for the residence located at 71391 Mirage Road.

The property is listed on the 2003 Historic Resources Survey . (1952, Architect:

Unknown).
7/12/2023 DRAFT Historic Preservation Commission Meeting Minutes Page 1 of 4

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··························· ·································-----···················································-- Ben Torres, Planning Manager, presented the staff report.

COMMISSIONER COMMENTS-
·····················································---- Vice Chair Leibowitz praised the owner for her diligence in ensuring that the history and character of the property have been preserved.

Commissioner Lopez added that there seems to be a lot of integrity to this house . He asked the homeowner questions about the restoration progress of the exterior door, roof, and windows.

Younhee Choi, Applicant answered Commissioner's Lopez's questions. Adding that she wants to replace the front door with a plain slab door which is historically accurate for the 1950's, will replace the rear French doors that are not original with a slider , and the kitchen door will be historically accurate.

Chair Traupane commented that the home is important since it is listed on the 2003 Historic Resources Survey. He added that the property is very important to City of Rancho Mirage because in 1952 it was one of the first houses in Magnesia Falls and there could be a possibility of being it having the first pool in Rancho Mirage. He added that the House is extremely important due to the low roof profile, and the brick is very unique, and its original steel case windows . He continued by saying that in his opinion, once all those things are remediated and replaced, the house will be nearly 100% original.

Council Member Weill asked about the criteria that the designation would fall under.

Chair Trapane answered Council Member Weill questions about the eligibility and considerations that the Historic Preservation Commission may consider a home under and it being distinctive with the characteristic of a particular time period.

Mayor Pro Tern Downs asked about clearly identifying what the criteria qualifies the home .

Chair Traupane clarifi ed Mayor Pro Tern Downs question adding that the subject building or site for this residence reflects unique characteristics of a historical era , form , style, or way of life important to the City.

Vice Chair Leibowitz added that it might be helpful to review the check list that a property falls under to be considered for designation .

Chair Traupane summarized th e comments and advised the applicant that the following restorations would need to occur in order for the Historic Preservation Commission to reevaluate the request.
• Replace the set of front doors with wood slab doors . • Replace the rear French doors with one sliding door.
• Remove the wood paneling above the carport pony wall. • Replace the kitchen door with a wood door.
• Replace the roof with a tar and gravel design.

PUBLIC COMMENTS -None
7/12/2023 DRAFT Historic Preservation Commission Meeting Minutes Page 2 of 4

8-28

MOVED/SECONDED BY LEIBOWITZ/TRAUPANE THAT ONCE OF ALL THE

RESTORATIONS THAT WERE MENTIONED BY THE COMMISSION ARE COMPLETE THE HOMEOWNER WOULD BRING THIS ITEM BACK FOR RECONSIDERATION. MOTION CARRIED 3/0.

2. Review bronze plaque design for the residence located at 40267 Club View Drive.

Ben Torres, Planning Manager, presented the staff report.

COMMISSIONER COMMENTS-
Chair Traupane commented on the plaque possibilities and suggested language changes to make them clearer. His suggested going with Option 3 moving the (1954-1981) to the second line and removing July 6 from the dedicated line leaving only the year 2023.

Vice Chair Leibowitz added her comments about plaque Option 2, mentioning it does not have when he lived there. She would support either Option 2 with changes or Option 3 as suggested by Chair Traupane.

Commissioner Lopez agrees with Chair Traupane's comments he would like to go with plaque Option 3 with changes to the date location.

Mr. Torres confirmed the Commissioner's plaque modifications for Option 3 moving the (1954 - 1981) to the second line and removing the July 6 from the dedicated line and only leaving the year 2023.

PUBLIC COMMENTS -None

MOVED/SECONDED BY TRAUPANE/LEIBOWITZ TO APPROVE THE THIRD PLAQUE PROPOSAL PROVIDED BY STAFF WITH MODIFICATIONS". MOTION CARRIED 3/0.

3. Historic Preservation Case No HP23-0004 -Request from Randy & Lorraine Barnes of designation for the Pink Elephant Sign at the Rancho Super Car Wash located at 71490 Highway 111. The sign is listed on the 2003 Historic Resources Survey.

Ben Torres, Planning Manager, presented the staff report.

COMMISSIONER COMMENTS-
Commissioner Lopez commented that since the sign has been a popular tourist destination for so long, he expressed his happiness to see this become officially recognized as a historic site.

He asked what is being considered for designation if it would be just the sign or the entire structure with steel supports.

Chair Trapane clarified that the entire sign structure, including the steal support designated.

Mr. Torres clarified Commissioner Lopez questions and concerns about the location and what is being designated.

Vice Chair Leibowitz agrees that the sign does represent Rancho Mirage. ·················· 7/12/2023 .DRAFT .Historic.Preservation Commission ·Meeting·Minutes······················ Page 3 of 4

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·····················································································································---···················································································································································································································· Chair Traupane agreed with the Commissioners that it's one of the most important icons of the City , one of the most important historic resources and as Mr. Torres mentioned, it is the only neon sign left .

Dan Allen, Preservation Mirage said they are very enthusiastic about this request. He elaborated on the proposed restoration of the sign.

PUBLIC COMMENTS -None

MOVED/SECONDED BY TRAUPANE/LOPEZ TO RECOMMEND TO THE CITY COUNCIL

THE DESIGNATION OF THE PINK ELEPHANT SIGN AT THE RANCHO SUPER CAR WASH LOCATED AT 71490 HIGHWAY 111 AS A HISTORIC RESOURCE BASED ON THE

CRITERIA THAT THE SUBJECT STRUCTURE IS ASSOCIATED WITH A BUSINESS OR

USE WHICH WAS ONCE COMMON BUT IS NOW RARE OR NON EXISTENT WITHIN THE CITY. MOTION CARRIED 3/0.

ADJOURNMENT
The Historic Preservation Commission meeting was adjourned at 10 :22 a.m.

Prepared by: Deanna Mendoza, Development Services Technician Date Approved by Historic Preservation Commiss ion:
7/12/2023 DRAFT Historic Preservation Commission Meeting Minutes ····················page··4 ·0f4 ·······················

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PINK ELEPHANT-'RANCHO SUPER CARWASH' NEON SIGN -HISTORY compiled by Melissa Riche, April 17th 2023
on behalf of Preservation Mirage and the current owners: Lorraine and Randy Barnes Seattle history of the 'Pink Elephant' car wash
ATTACHMENT 7
In 1951, Dean, Archie and Eldon Anderson along with Eldon's wife Virginia opened a "Five Minute Car Wash" -credited as being the first automated, no -touch car wash in the city of Seattle. In 1956, they opened a second car wash known as Super Car Wash, but they needed a sign to attract attention. Campbell Neon, the sign company they hired to build the sign, suggested it be pink. The sign was designed by Beatrice Haverfield who was responsible for the design of other Seattle landmark signs, including Ivar's Acres of Clams, Sunny Jim Peanut Butter and Dick's Drive -In. She designed a large rotating elephant with blinking lights and four baby elephants at the base, a possible homage to Haverfield's four children. In 1963, the Andersons opened a third car wash in Tacoma featuring the neon sign, followed by Puyallup and then Federal Way, totalling five 'Pink Elephant' signs and car washes.

In August 2022, the two remaining Seattle pink Elephant Car Wash signs became Seattle city landmarks thanks to unanimous votes from the public and the city . The large sign was donated to the Seattle's Museum of History and Industry (MOHAI), to join their neon collection.

Amazon stepped in to restore the small sign, which will be returned to its original location when completed.

In a Seattle Times article, neon history buff Feliks Banel,(also a KIRO radio host and editor of the Washington State Historical Society's quarterly magazine) explained: "Neon signs, seen through the steamy window of your beat-up car on a rainy day are neighborhood landmarks the way the Space Needle and Smith Tower are landmarks for the city." f I
' :~ \
' " '.'>'\ , . .-.\
If there's a more Iconic neon sign in Seattle than the Elephant Car Wash, no one's sure what It would be. It was designed In the 1950s by Bea Haverfield. (Feliks Banel)
1 8-31
Rancho Mirage history of the 'Pink Elephant' car wash
Early 80s vintage photo of Rancho Super Car Wash sign
Vintage image of Rancho Super Car Wash (courtesy Palm Desert Historical Society) 2 8-32
Rancho Super Car Wash sign and car wash today
Context :

By the early 1960s, this stretch of Hwy 111 had been developed into the commercial center of the well-established 'Rancho Mirage' subdivision that stretched across Hwy 111 and up the hill acro ss the whole area now known as Magnesia Falls Cove. (See maps, attached).

Nearby, on the same side of the road, the first Safeway supermarket (now a consignment store) had opened in 1959, with the adjacent commercial mall, the 'Safeway Shopping Center' that included a bakery, clothing stores, cleaners, laundromat, hardware store, real estate offices, etc. (See articles and images attached). Across the way, Erik's furniture store (still there today) opened in 1961, and other shops and offices were also well established (see 1965 Chamber of Commerce map). Small apartment hotels and large gu est ranche s and hotels like the Desert Air and the White Sun Guest Ranch were also nearby. The only thing missing was a car wash.

In 1966, Richard Fromme, whose wife was a daughter of Eldon Anderson, opened his car wash in Rancho Mirage using one of the same signs by Seattle's "Queen of Neon" Bea Haverfield .

The mid -century building was designed and built by a company called Hunter Structure who specialized in building car washes and gas station s in the 1950s and 1960s, the architects were Harold Bissner and Rob Pitchford.

Fl 6-3131
OPEN
9 a .m. to 5 :30 p.m.

Monday
thru Saturd•y
Sunday
10 1 .m. to 3 p.m.
$1 .40 with Min. Fillup of 10 Gal. ,..,,!!·~ Wn
99c with Min. Fill up of 15 Gal . ! a-,. Price
$1.75 wit h Min. Fillup of 5 Gal. 50c
71-490 Hwy. 111 Rancho Mirage
1966 ad from the Desert Sun newspaper
3 8-33
The success of the car wash was instant, and Richard Fromme became a director of the Rancho Mirage Chamber of Commerce the following year, in 1967. The Rancho Mirage car wash received a 'Civic Award' in 1968 in the 'Desert Beautiful Awards.' A second Pink Elephant car wash was opened in 1973 at 68279 Hwy 111 (at the corner of Frank Sinatra Dr. and Hwy 111) in what was then Cathedral City, opposite what is now, coincidentally, a car wash. The second 'Elephant Car Wash' had a smaller sign. (See Appendices: press cuttings). According to a 1973 Desert Sun article:
"Eldon Anderson and Rich Fromme are in a clean business. For a combined total of 36 years they have operated car wash stands. Their new auto bath headquarters, the Fromme and Anderson 'Elephant Car Wash' at 68-279 Hwy 111, is a monument to good taste."
"Eldon set out in the business in 1950 in Seattle, Wash. and was instrumental in the development of many modern concepts relating to car washing. He has owned and operated washes in Seattle, Tacoma, Portland, and Rancho Mirage . 11 "Rich Fromme began his car washing career in Seattle in 1959, and in 1960 was transferred to Portland, OR. He resided in Portland for five years where he managed a wash. He and his wife Lyn, son Scott, and daughter Pam, now live in Rancho Mirage. Rich is a member of Palm Desert rotary, active in Boy Scouts, and director of the Rancho Mirage Chamber of Commerce."
A 1979 Desert Sun article further explains:
"In 1965 Mr and Mrs Richard Fromme came to Rancho Mirage from the state of Washington, where he had been in the car wash business with her father. Rich, as he's called, built the Elephant Car Wash in his new hometown. Atop the business a sign with an elephant joyfully squirting himself with a shower of water looks down. In 1972 Fromme took the plunge and built as sister Elephant Car Wash with another squirting pachyderm, in Cathedral City . It was completed just in time for the firs t energy crunch, which also happened to coincide with the zenith of the tourist season. 4 8-34

ELEPHANT CAR WASH
68-279 IIIGII\VAY I I I -PAUi SP III NGS
mm ARCO Supreme Gasoline
Go\ol.M & Moto, 0,1 P•troleum P,odu lm ~ ..... 1 .........

Desert Sun, 10th March 1973 shows Rich Fromme at the second 'Elephant Car Wash' location 5 8-35
Although not for consideration at this time, the car wash buildings were designed by the local team of Harold Bissner Jr. and Robert Pitchford. Bissner was a well -known and respected modernist architect who mostly worked in Pasadena. However, for a time he was based in Palm Desert where he joined forces with Pitchford. The original architectural drawings for the car wash exist, located in the offices of Pitchford's son Bob Pitchford, also in Palm Desert. (A photograph of the original site plan is attached).

At the time of the City of Rancho Mirage historic resources survey (September 2002), the Rancho Super Car Wash Sign and the adjacent car wash were still in the ownership of Richard Fromme. The DPR report from 2002 cited:
"Historic roadside signs have become increasingly rare in many cities due to changing property uses and ownership, new sign ordinances, cost of maintenance, and neglect..." "Neon road signs such as Rancho Super Car Wash are evocative of an era of the individual "mom and pop" commercial buildings that were common along America's highways, such as Hwy 111, from the 1940s through the 1970s." " ... the monumental roadside neon signs of the mid-century were a site-specific art form virtually lost to the twenty-first century."
Lorraine and Randy Barnes, the current leaseholders of the carwash took over the operations in 2008, only the third 'owners' -although the property itself is still owned by the first owner, Richard Fromme. Over the decades, changes and updates have been made to the car wash buildings themselves, but the sign continues to attract as much attention as ever, probably even more, thanks to social media posts as well as the novelty value of an iconic, midcentury, neon sign .

The 'Pink Elephant' sign rapidly became a landmark for the City of Rancho Mirage, and continues to be featured in the media and to market the city and the Greater Palm Springs area to this day.
6 8-36
IN THE PINK -A land •
mark at a Rancho Mir&ge
car wash seems to be
en joying a workman 's '
touch -up project (Desert
Sun Photo)
Desert Sun, March 14th 1975 -the sign was already considered a 'landmark' Rancho Super Car Wash sign at dusk, one of many social media posts from 2023 7 8-37
Beatrice Haverfield -neon sign designer
(Extracted from the Seattle Times, January 26th, 2020}
https://www.seattletimes.com/pacific-nw-maqazine/seattles-queen -of-neon/ and interview with Seattle historian, Brad Holden
https://www.youtube.com/watch ?v=R3JolQNgm _ 0
Born in Seattle in 1913 to Finnish parents, Beatrice Haverfield apparently displayed incredible artistic talent from a young age. She was also raised with a strong work ethic. Her mother was a chef at the Olympic Hotel, her father worked for the Seattle Gas Light Company. Beatrice was born in the age when, according to the Seattle Times, "The electric glow of Seattle's new outdoor advertising, such as the famous Public Market Center clock above the market, which was placed there in 1928. A year later, the world's largest neon sign was installed atop the Roosevelt Hotel."
In High School, Bea dated Elden Fisler -another student with strong artistic skills. They eventually married. The young couple combined started their own sign business. Bea designed the signs, while Elden brought her sketches to life in his fabrication workshop. 8 8-38
In 1941, Elden enlisted in the Navy, and Bea worked in an aviation factory at the Boeing airfield.

With most of the men away fighting, more than 40% of Boeing's workforce was women. After the war, the couple resumed their sign business. Eventually they folded their business into Campbell Neon, which was the city's largest sign company; the Campbells welcomed them as important members of the family business. Bea immediately became one of the lead designers, stationing herself at a large wooden drafting table. An airbrush was always nearby in order to add any important color elements . Elden worked in the fabrication shop.

Bea's work at the time was almost certainly a reflection of Seattle itself, as the cityscape was undergoing exciting visual changes. New buildings were going up, and the downtown skyline was set aglow with striking new signage. Bea's career had its official start when eccentric restaurateur Ivar Haglund hired Campbell Neon to create a sign for his waterfront fish-and- chips place on Pier 54. As the lead designer, Bea was tasked with the design work. The result was an eye-catching "lvars" sign that still lights up the Elliott Bay boardwalk today.

Next up was a unique boomerang-shaped design she created for a new surplus supply store.

Named Chubby & Tubby, and opened in 1947, the Seattle institution became one of the city's top shopping destinations for its working-class population. With Seattle enjoying a postwar boom, sign orders started pouring in for all the new businesses that were opening. Bea's sketches from this period reflect a prolific output of sign design -everything from toy stores to pharmacies, many of which have long since gone out of business.

Despite this creative zenith, Bea's marriage to Elden had come to an end, though they remained on amicable terms. In fact, the two of them continued to work together at Neon Campbell well into the 1950s. In the meantime, she married Robert Haverfield, and the two of them started a family, eventually having three children together.

Bea continued to break new ground with her design work, including for one of Seattle's most cherished burger joints, the famous yellow and orange "Dick's Hamburgers" sign that still welcomes visitors to its local franchises. The cursive fonts used in these signs were both Bea's own elegant handwriting. As her daughter, Kathleen, recalls, "She had beautiful penmanship, and the lettering in some of her signs was simply her own natural writing ." Bea created her piece de resistance in the mid-1950s, when she was put in charge of designing a sign for a local car-washing business: Elephant Car Wash. The business was one of the country's first semi-automated car washes, and it wanted a sign that was both spectacular and memorable for passing motorists. Bea went right to work on this new custom order, pouring herself into creating one of her best designs: a masterpiece of motion, light and kitsch. Installed on Battery Street in 1956, the rotating sign is comprised of bent neon with 380 blinking lights and is unarguably one of the city's crown jewels. This piece was important to Bea not just on a professional level, but on a deeply personal one, too. The four smaller elephants at the base of the sign are a tribute to her four children: two of them with blue bows on their heads, for her two sons, and two of them with pink bows, for her two daughters. Since it was unveiled, the sign 9 8-39
has become one of the most-recognizable and -photographed landmarks in Seattle, appearing in commercials, TV shows and even a few movies.

BEA'S OLDEST DAUGHTER, Barbara, joined the company when she was in her 20s, doing design work alongside her mother, whose work continued well into the next decade .

In 1963, Bea helped design the first sign for the Cinerama movie theater in the Belltown neighborhood of Seattle. A few years later, Bea's career was abruptly cut short by a bad car accident which caused severe injuries and vision loss. Afterward, Bea was not able to do the fine design work necessary for her job and resigned from Campbell Neon in 1968. That same year, her former husband, Elden, passed away from cancer.

Two of Bea Haverfield's Seattle 'Pink Elephant' signs have recently been saved for posterity by corporate and civic entities, such is the significance of their cultural heritage. One of her daughters uncovered the sign drawings and donated them to the Edmonds History Museum https://www . ki ngS. com/a rticle/news/I oca I/ seattle/pi n k-e le pha nt-ca r-was-sign -seattle- la n d ma rk/281 -d 2bd04b 1-481a -4fbe-8424-1d ld 8eb8898e 10 8-40
1965 CHAMBER OF COMMERCE MAP shows Rancho Mirage subdivision, Hwy 111 transverses diagonally. 'Rancho Super Car Wash' stands at the corner of Button Drive (named for the main developer of the 'Rancho Mirage' subdivision) and Hwy 111. 1'' ,.,
• I
' I ' ,,,I ,,,
\!(' ./
,,'•\.'':'
-.... ... ......... ----•-": :.-.:,, ....... ,' ,,\,,
M A P
F
MIRAGE
' ' ' '

RIVERSIDE
Rl\lE.RSIO[
\
\ \
BLUEPRl NT
OAl.lFOANta.
11 8-41
Audi Ranc ho Mirage I:'.\ Y l!I .... , y
Koffl Rancho Mirage .Button Dri ve
· Clancy Lane Sout h 9
Elephant Car Wash · ft
Rancho Mirage, CA T
The HoneyBaked
~ Ham Co _,,,~"~~ ~, f Ranc ho Mir age i~.,,
0 .. f . . .'\ En dodon t ic s: Ed cl t~I..-~ 2023 United States Terms Privacy Send feedback SO 9 Ran cho M irage Cer11f1ecl
Fo,mers Marke t
9 ... m
Pt1malfy PerfN:I
Photo Boolh
..
' Rancho Mirage / ~Ranchtl M;rage
T Amph1l heater
JR Thomas Golf Cnn
. "°;f'q
Frontie1 Gu n le-c11he1
9 Bentley Rar-chO Mirage
f:\ Desen Eu ropea n
yMowrcars
C11dl'•~1
Fl'fi;3r1 of Rancho Mirnoe Q
G o og le
cor:;•~1,~~11Z!~Q ~
wo lhlna.,.pt,lheate,
.Buuon Orwe
' Desert Kidney
Care · Rodolfo R
t
Lombardo
Cosmetic Su rgMy
Cosgrove Cosgrove
& Humphrey
9 Consign Design
r"'n.:~,, ~i~t A Delany s Ant,ques. Fine 9 9 y ~~u::!ueG1f t s Thom,1s Troy Home
Tht> Ho11e-1Bak1>tl
il.imCo 4' Plan l s4U Roncho ~
01~flc-,.-.eJMY"'
Google maps show location of 'Elephant Car Wash' in the same location today, 2023, and this section of shops continues to provide the central commercial center of Rancho Mirage to this day. 12 8-
4 2
..... w

STREET MAP OF RANCHO MIRAGE, CALIFORNIA
u~
I
\....-/\
7 1 ~:.~~: .. ~~:; =~t: ~ t~ ... ~ ....... , _,..,, ,., ·•-o,o ::;: ~ :~J·• ==~:*~: ;;;.~
.c.=
;_
t ·
\ '-'~\ \\' ·, . '\ '.,. \ •. \ -:..,.\ "\. .. ' ' -\ \ .,,.. \
~,
.,.._I ' ~ rl?-'.-d ( I 1
I --~ I \-<" r-·r ✓-~~~..-,. ~
.;; \' ~1 ,:
\.. .. ~--~~ i.~J
:=·;r:,.. f~:;· ::: = }t~.,-•
-Ulf'O<lU _, .. ,i _ .. , .. ,.~ _, .. ,,

C REE T
•~ 0 F
M A P

RANCHO MIRAGE ,-----I

COURTESY CLASSIFIED DIRECTORY SPONSORS
·~~\
~' ::-=:r

8-43
RANCHO

AIR CONDITIONING
~ooro's A!r COndit>onin&, .U-'62 Tht Veld ,32i,1519
HilthyA.1rCon(l1t1011l"i,
P.0.80,:.379 --

APARTMENTS
C.t?l.,h Ap;a,tlMfll HOlol. t2~57 Wtst Vtl4l_.32S.9C01
0etettHol1d,y HoltlApt'-.7119l SanJacinloOr_328,.(905
Du"'5 VJ~ ,'pti.. U31J [)unH View ..323-2115
MQlll nari:O ~r1ment1., 71.J)S Sin J»c lnto 0f._J2S.2956

AUTOM OBIL E REPAIRING
Rt, W Automot;-.e. 71-''S HliJ'i"-01 ll L
....,,.., ...

BARBERS
Ran(.hO 1J !t1:iJ& Sa •t>t.• S1>09, n-811 Ht,hwlJ HLJ28-3591 Rjd'laJd'S ~rbef' St,op. 71-l» Hlah'uy 111-
B[AUTY SALONS
CftJ \1\'e tulr FaslllOfll. 71-317 Hl£hN.llY 111 lll)
w . Pitv, 71 .!89 HJ&~Y Hl.-f lrtsldo 6-102$ & 378-2..4-12 Rancho ~te fHlltY Studio, 71107 Hlt'1.,..;1y ULJ;l&.1356

CARPET CLEANERS
p~-er, CJfPCC ClWlffl. 11-42'2 HighWIY 111-._l2&.1~

CONTRACT ORS -BUILDING
Dunphy & Fincher Building Contra n Jacinto o,, ___ ~2701 & 328,2:$19

DANCE STUDIOS
Off Oet: Gaylo(, lnl'L /V;flderrr, of o.,nclna,

71.Qli Hli,hw!Y 1l _m.3717
DATES
Haig'~ Date Shop, 71 .339 HlgJlway Ul =-

STREET MAP OF
AN
FIAMlBlll
Rancho
RAGE AREA CLASSIFIBll>

ORAPERIES
Willie Hld,;S, 71.71\ HJgtrN.lY UL ----JU.1632

ORV CLEANING
~rt Hand uundrr, ~lew"JY ShoOl)IO, Cfl!ICl'._ .J2&1ffl
~nd!O Mi r11te uundtteltt & Or, Cle.lnt1$
H·1l:l9 tl!gh ~'IY Ill __ _,,....,

ELECTRIC CARS
Ot<Jrie CV Di1 ttlbulorJ. 11 ... ,s Hi&l'fwll7 n L-.321-1~

ELECTRIC CONTRACTORS
()nWIWl't'Alke/1 Elec:\rltlll Servl,n,

11..UZ Htgtw.'1:, 1\1 ----_ __.na.4,37
o,ws ElcclriC I/It-, 11-&15 Highway Bl .~ .....J28.H67

FURN ITURE
Erlk.'s Fvrnlt urf. 11·285 Hl&hW31 111 --...J28.J 168

FURNITURE REFINISHING
Ron -:i: ~~r~~tinisti..:.n1 & Rtpa i~firesioe &.896]

HA RDWAR E -RETAIL
Rln(ho Mlrilie Paint & tlud,r:,,rc. Q.4.62 The v eld I 32&3~ HOTELS
Desert Air Holal , Q.ml Rio De l Sol f11ttido 6-6131
WbkptdfS Wlltl'I Hotll, 42·$36 The Vel(lt .J21,31ll
\'(Nit S'1n GulSl R:,,nc.h , Mapnll Fells Drive. ___ Flrulde 6-6177

INTEIIIOR OECORATINO
~•IPh Diltz lt'itlrlors, 71~1 Hlghw.T/ 111-_ -328-3273
)Z&-l SJS
Ol,rl1nd IS3belloCaff'llron, Rtallor,

71.a39 Hl&,trNIY lU~ lrcsl de &6393 & J:28.2 1~$
Rancho Mirap P(91)ertlet. $.ifl'lflll:,
Shoppln, Cenltr, 11-610 Hli""°"'Y m. ___ 328-lUl
Rutter Re:.11:,, 72-381 Hlgtn,,;1:, lll,
Palm o..rt1-------'ft1 es.ld11 6-1149
tiGdl Reattyi '71-812 tU&'lwa:, 111-...328-31'2 & 3?1-4905 n VJIII, Realtof.!P;6Jiiox 3S2.. FlrU ldo 6-6ll7 & :m.m1 Co(Jntry KJtch•n. n-69 1 Hl&h~y 11t_lU.-ll12 & 328477
Mr. Ed's C61fee Shop, So f~ Shopping Cente,-323-2871
llllott••• Tavern & Qrlll, 72-l!Jl Hl;hway '11Lflresidc 6"902Ei Qfp!s El oesame Mucho, 42-292 West VcldL _._
Peta Petitto'• capri. lltllan RC$\11urant,
ll•713 Hllh~ 11~---
2H)ll
Mltl&O Chambe:r ol Commerce, P.O. Box 2U28.JlS2
f,llrqe Community Ann., P.O. Ek». 163 -328-2770
Mirage Womon's Clu b, P.O. 8ox '05
Be,lulllul, P.O. Bot 33, Palm Dtstrt.....F llllsitJ~ 6-Un I NTERIOR o.£CORA11NO tCont)
p,wL LbU3 f ln\crlon. 71,820 H!thway UI ••u• .J21.l&S4
Vt:O Nisley lnl~rfors, Inc .. 1Z•l1l Hwy. 111 . fl rnldl 6-311J

LAUNDRIES
seo Pt)' C:le;inltl&

LIQUOR STORES
JOff't U qlJOtt , 11 ... l& Hfgh-..,y 111 --------210J
Ju1ittt$.Cn''-71•701 Hl1hv,.1:, 111 __ .33-2ln

MARKETS

MOTORCYCLES
ti<)O(l11 Trlumoh SIies & S"t rvlc., 71,3'J6 H'ftl'. Ill ..32&:207l MUFFLERS " EXHAUST SYSTEMS
ounean Emmon1,, n.500 Hlit,way lll....J28.."lS94 N,32J.M25 MUSIC FOR ALL OCC}SIOHS
BoUe Brooks, 71•$316 Tan1tt.r Road-----32a-J!M6

NURSERIES-RETAIL
Dese rt Cove Hu1Ury, 7l-877 HJatrwa, t u____m.ws

PAINTING CONTRACTORS
Joha nMs K. Andffltn, '7~ SaNJra Rt'.led . -..3'28a96
Jns 8.. Worthln,ton P1lnU111 Co..,
n«D Hilbwa'f 11 ~----'llm l de "1131

PEST CONTROL
We1J:ern fxUfmlNLtofCa.
7M20 Hl&hnJ U L
PET SlfOPS
Jeannn m... HNYet\ 71.ffl Htgt,wty 1~2203

SERVICE STATIONS
Jeff'/ Laird's Chevron. n-«o Hfa,,,,ay ll1.----.321-9(8 RlnCM Mi,ap Rancocl. n-m: Hiatnn)' 111-.Ja.Zffl:

Rlocho M1nrlt Rklifltld.

HWrdY lll & Rio Del Sd 328-fflO
Bod Se1Jo'$ unroo Stlvlot. n.sa Hlprty '111-l2'3-l396
SIGNS
ftreslde6-UOO
AmltJe"261&~
___ _,,,._,.,,2203, 328,3164 &
IINoMS'ftf--324-1557
14 8-44
Original drawings af the Rancho Super Car Wash, designed by Bissner -Pitchford (1965. Collection of Rob Pitchford).
15 8-45
...

SP IC AND SPAN -R1cl1ard Fromme . ri gt1t , co-owne,
of the new Elephant Car Wash in Palm Springs .
serv ices Mr and Mrs Charles Shay 's car
Granted Mem·bership
l';\D I lll•:S1•:1n -llr .1111111
I. Xon n~,n l'hairman of thtt
(, 01!1·~1• Hf 111 1• I l1•,c·rt \I Ustt ·
D,•p,,r1111,·111 ,11 1d u11m .. d1at,·
pa,1 prr•,1t1 .. 111 of tlw I ,d1 forn1a
A s1J(·1at11H1 hf l'roft1'-l,101wl
\l u,11 T,·adwr,. 11J, gra11 11 ·d
,Ill hor1 ora n ltf\' rn,•1llh \'1':-h1 p 10
th,• ;tat,· "rgan11al11H1 ii) tlu•
~;x,·,·ut 11 ,. l\oard
Thtl hon or;1r~ nwmlwr:-.h1p
11 a , i:ra ,11 ,•tl lo 11r ,11r111,111 for
fll~ ·'otH •d a n dHig "-~'I'\ ll'I' .1:,,
()rfh.,j{l (•nt of ht• orl!art11at1un "
c wtwn . ;111d lhl' Cn l1 forn111 i\,-
""l'li.1llt1n uf Proft•s,1nna t .\hi!->H '
Tt•ar h,·r, \\'l' arl' 1 l'l'Y l1 nn or II Pl'l'Stril'lll 1h11, w n·ad 111g tin· ll'ord that ,t ah',
r :\urma n i. also pn•s1dt·11l
,,f tht• Soull111 t·,t D111 :,11111 of lht'
\h1s1t · fral'lwrs i\'a!111nal ,\,so-
, 1a111111 nnd a 1nr1n1J,•r c,f the
nat 1011 al t'Wt'II ( II (' l'O llll ll lt l\'t•
The E-X t-'('Ull\ l' Bo;Jrd ur tlh1 l.'IJ \1 l\.'i,,:lltlH,'\.: ~u ~,1 Car Wash Open
~ l lll' walb . da r k " ootl
!warns. hnl'k II al ks and h lal'k ,
l)IOt• tree ., makt1 tht• ('Hr \\it:,.h
;111 H:-~f'I ln,"ll l'H d ur an l',\ t't-iOl'l',
~:Idun "'I oul 111 1111' liu,1111 •ss
rn !W10 1n S,•a ll h·, \l 'a~h and
\\lh lll!>ll'llllll'lli.1 1 111 (ht' d t·\PI•
tJ!)llll'll l of 111:111) lllod('l'll ('Ull ·
l't'llt~ rdat1ni: 1,1 <·ar 11•a,h1 11,t:.
li t• ha~ u11 11cd a ncl opl'raterl
11;1Sh,·, 111 SL'alt h·, Ta,·0111:1 ,
l'ortland ;rnd J(;inl'h•t ~lira l(t'
11,• and l11s ",r,-. \'1rg 1nw . Int•
part o[ 1111 • y,·ar 1111 llll'll' prop-
lt1 l'h l-'10111111t • ht·g\1n ht:-. l'ar
\\t1~!1111 g l'.ln·l'r 111 St·utllr· 111
1%!1 , a11d Ill 1%11 '"" tra11,,
fl'IT l'd tu I 'or l l,1nd . On • 11 1•
n•s1d1 ·d 111 1'11rtl,111tl f11r [I\,,
\'l'ar ~. "ht•rt • tw nwna ,-:,·d a
\\a,h
lie HIid hi~ \\'lft• L,\ 11 , ,on
;°\t'P II . and dnug-fl1 1•r . l 'alll , 1111\\
h H · 111 1!,11who :\I '""I!'' H1 eh 1,
a ll ll'illlll'r of l'alm l h'st•l'I Ho•
1ar~. a(·l 1,·,· rn Ho~ S('111 1h tuHI )
d1n•,·1or of till' Ha11l'lw \I 1ra1.:1·
1 ·ha111l11·r of ('111111111·,.,.,._
Till' 111•11 l•:h•pha11l Car \\';1.,h
1111h1.r, 1111• latl'sl 111 <ll',1 gn a11d
ft·atun·, !Ill' t1111,I 11prlat1·tl
1dc :i ~ 111 aut o \\a . ..,,h1n g
Desert Sun, March 101h, 1973 features article about Rich Fromme's history in the car wash business 16 8-46
A-I Desert Sun / 18 July 1974
Desert Sun, 18 July 1974
~l§I ➔
17 8-47
14 • TH£ DUm SUN. hi■ s,rtlp, CIIH.-Satnry, Dec1■Hr 22. 1979 Inventors-part 6
They'll beat a path to your door
QUICK DRY-An automobile Journeys
on a conveyor through the $hammy
Shine, dryer al the Elephant Car
Wash In Catfledra1 City. owned by
Richard Fromme (above) who also
Invented lho process.

IA•.'lflit• .u,,,,,,.,n-. A.,.~m:i111,, ,~·,t;1or
llut,.,·u I{,,;,,,,.~ •. "'-tt~[f U ritn
: Isaiah Sisterhood sets tournament
PALM SPRINGS -The
· Sisterhood of Temple lsai~h
• wlllholditslirst1cnnlstour•
· namentloraise fund 1.
~ Players wlll St.Ir! the
: game-s Jan. 8 a t Clth«lral
: CanyonCountryClub
"\li'ben, and how , and at
•wha1 sta~of our develop-
: mentdldsplrituallly11ndour
: strange notions or rtllgion
: arise? The nttd for won.hip
·whkh ls nothlna more than
Rabbi and Mrs. Joseph
Hur'l¥itz will among those
partlclp.aUng.

Pl.ltylmecallbt:30p.m.

IWbk'II will be followed by a
buffet and the awarding of

SPIRITUALITY
priles.

Sports entre(> Ls SI~ ptr
ptrson and the buffet b SIO
~rperson.

For further lnform,;Uon
c:a11Allct-KematJ28·4814.
our trJgbteoed rtfuge inlo dph,rable hieroglyphics, no
propitlaUon or a Crutor we Rosell.I stone 1upplled, by
do not undtrstalld? A dcttt· the conwmmate mystif ier to live rtory, the lllpcnntm cueuspoorfumbllngunrav-
wbo-dooe-lt, written In unde-elle~ or bls plot."
Sak() :J-iftk .Avenue
Paf.., S,,rim,1;
Store ../J.our6
Su11Ja11, ';l)ec. 23
10:00 a.m. lo 6:00 p.m.
mo11Ja11, ';l)ec. 24
10,00 a.m .. lo .61.00 p.m.

WeJne6Ja11, ';l)ec . 26
8:30 a.m. lo 6:00 p,m.

By ALLENE AR.THUR
DettrtLMqF.d.ltor
HenryWardBeccberwas
the doqueot Protestant
prt.acbtt•wrller-ed.ltorof the
l~ century •bo tried In bb
i,ennon, and boou to ~-
die Ult Bible and evoluUoo.

He also almfd to rtCOneile
thcsplritualslde:ofman with
h.Ls inherent drive for
progress .

In 1863, the Rev. Bffl;her
wrote, "A tool LI bot Ute
es:tenslon of a man·, baod.
and a macblne iJ bul • com-
plex tool. And be U'Llt Invents
a mtthlne au~ts the
po,rer of a man and the
well\Mln,1 of mankind.'"
Bcttbet felt. knew, th•t
tbe overall plan must ~av e
locl uded mao's instinct. to
improvetbequalltyofllfe..

Tbe Inventor oot only hu a
prefel"Ted place ln clvillza-
llon. but. In a sense. U,,e
lnvmtorlscivllliation
Here ls the upe-rlfflttof
one area Inventor.
,In 196S Mr . a.Dd Mrs.

RJtbard Fromme came to
Rancho Mlra1e lrom tb.e
stale ol Wuhln,1ton. where
be had been ID the Cat wash
buslnes:swllhherfalher
Rltb,ashe's e.tlled. built
the Elepb.;inl Car Wash In bis
new homtto.,.n. Atop the
busine,s • sign with an cle-
phant joyfully squlrtiog him •
self with a shower of water
IOOksdown
In 1972 Fromme 100k the
phm.ge .tnd bulll a Wter Ele-
phant Car Wash, wllh
another ~ulrting pachy •
derm. ln Cathedral City.
ll was completed jUJt In
lime for the lint energy
crunch. whkh 1,Jso happened
tOC ."
A Los Ao(l:eles manufac-
turer toot tbe cootract, pay-
ln&;a royally to Fromme. Tbe
Sham.my Slllftet wu xllilll
from ll0.000 to $18,000.
~J=~coa~wiUI
a Tt0Dt$Ste (inn in 197$ 10
build 100 of them. Later,
some prlnclpals lrom that
company formfd a new tom·
r::1 :.~~da sfu~~ ~~;
conlln~ to marutfacture
lbellll.d'lloeUllUl 1971.1thca
lbty were bought out by
Hanraa lodu.,tti.es of Port-
land, Ort., lbe bluest manu-
factllf'f!rs of Cat WWl
macil.lnffylntbeworld.
"Ironically," Rieb
Fromme said, "I worked (Of"
H&M.I In tile urly liWI,
mauglng a c:u wull. Later,
wMn I tried to lrttrmt hlm
I.a my lnnnUoo, It wu no
diet. ln the eftd. RIMA not
only bad to buy me out. bu1
had to buy out the Florida
comp.illy, too." ,
UoUI Febnlary Of Utis
year, Fromme colltcttd
roy1]Ues oa enry &ammy that be would oevtr bave
Shiner sold. At I.hat Ume C'l)D('five:d his lnvenUon.s
HlllU boopt t.bf aisUng without lbal u a b.lck•
pattnufromthel11fflllorfor cround
a gr1tllyl.ng six fi,ures. Tbe disappolntmtnis
"It took five or six yeu,,~ wh.leh come to many inv-.?1>• said Fromme. ''but the result tots ootwithmndlng -flD•
for my farnlly aod mys.elf is anting beid.acbfs. rnarteling the bat time of our lives banius. infrlll~enl.1 -
~~:1·~~
1r:o:: ~~,;:e~ru~r:&e:
from the car wash." dral Clty with bis slee,c:s
Ha's qukk to say be enjoys rolltd up who rtVOILIU~
tb.e ~•r wash bWlnfss. and . the car wash busina,.

SHOP THE LAST 2 DAYS

BEFORE CHRISTMAS
SUNDAY 23 MONDAY24
&.uJ.
an9ill~e as iLtmllas _G,ift tlo you
1; ~1u rdrdrd
all stock (except Helen Breeding SportswearJ
See our beautiful aeleetion of puty
dreue,, lingerie, hoateu gown,, h.11, hab and
luncheon clreue1 .
nDJ:'N C:I TNn·A V 1 1..A

8-48
S!ate of California -The Resources Agency

DEPARTMENT OF PARKS AND RECREAT ION

PRIMARY RECORD
Primary# __________________ _
HRI # __________________ _
Trinomial __________________ _
NRHP Status Code _____________ _
Other Listings ___________________________ _
Review Code____ Reviewer Date
Page _J_ of ....L Resource name(s) or number (assigned by recorder) Rancho Super Car Wash Sign P1 . Other Identifier:
*P2. Location: □Not for Publication ■Unrestricted
*b . USGS 7.5' Quad
*c. Address 71 -490 Highway 111
*e. Other Locational Data: Assessor's Parcel Number Block:
•a. County Riverside
Date:

City Rancho Mirage
Lot:

Zip 92270
*P3a. Description : (Describe resource and its major elements . Include design . materials , condition , alterations , size , setting , and boundaries .) Located slightly above grade on the north side of Highway 111 , this double-sided neon sign sits atop two round steel posts. II depicts a pink elephant with cap spraying waler with its trunk on the words "Rancho-Super Car Wash ." Neon lubes of various colors outline the mascot and lettering.
*P3b. Resource Attributes : (list attributes and codes) HP39 . Oth er *P4. Resources Present: □Building □Structure ■Object □Site □District □Element of District □Other P5a . Photo
'P11 . Report Citation: (C ite survey report and other sources , or enter "none ") None.

PSb. Description of Photo: (view
and date)
Northeast elevation
August 2002
*PS. Date Constructed/Age and
Sources: ■historic
Circa 1960
•p7 . Owner and Address :

Richard Fromme
48625 Paisano Road
Palm Desert, CA 92260
'PB. Recorded by:

P . Moruzzi, T. Grim es, L. Heumann
Leslie Heumann and Associates
600 N. Sierra Bonita Ave.

Los Angeles, CA 90036
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21 9-1

STAFF REPORT
TO: Mayor and City Council DATE: September 7, 2023
FROM: Kofi Antobam, Director of Administrative Services SUBJECT: Community Facilities District No. 5 (Section 31 -Catino)

SPECIFIC REQUEST OR RECOMMENDATION
That the City Council:

A. Adopt Resolution No. 2023-(Next-in-Order), Intention to Annex Territory to City of Rancho Mirage Community Facilities District No. 5 (Section 31) and Improvement Area No. 1 Therein, and to Make Boundary Adjustments Affecting Improvement Area No. 1 and Improvement Area No. 4; and
B. Adopt Resolution No. 2023-(Next-in-Order), to Change the Rate and Method of Apportionment of Improvement Area No. 1 of the City of Rancho Mirage Community Facilities District No. 5 (Section 31).

JUSTIFICATION OR INFORMATION

BACKGROUND
On December 16th 2021, the City Council approved the formation of the City of Rancho Mirage Community Facilities District No. 5 (Section 31) including four Improvement Areas therein to finance the acquisition, through the issuance of CFO Bonds, of certain public facilities within CFO No. 5.

The Section 31 Project ("Catino") is located east of Bob Hope Drive, south of Gerald Ford Drive, west of Monterey Avenue, and north of Frank Sinatra Drive. At build out, the Project is expected to include approximately 1,932 residential units as well as various non-residential, commercial resort, and entertainment uses. The debt service and costs of CFO No. 5 Bonds, if and when issued, will be paid for by special taxes to be levied within the four Improvement Areas designated therein to provide financing for approximately $110 million of public improvement costs and public infrastructure fees, including City public benefit fees, street improvements, a City parking garage, utility undergrounding, and sewer and water infrastructure and fees due to the Coachella Valley Water District ("CVWD") (collectively, the "Facilities").

AGENDA ITEM#:

9-2
DATE: September 7, 2023 Page 2 of 4
Section 31 Project (Cotino) -CFD No. 5
JUSTIFICATION OR INFORMATION CONTINUED:

The Improvement Areas proposed will match the planned development phases of the Project as outlined in the table below.

Improvement Area No.

Development Phase
Units
1 1
805
2 2
490
3 3
637
4 4
Commercial/Resort
Total
1,932
Eventual home buyers (and other taxable property owners) within each Improvement Area will be subject to a respective special tax, by Improvement Area, to pay the principal of and interest on the bonds relating to that Improvement Area. Each Improvement Area's special taxes will be fully disclosed to property buyers in that Improvement Area. The amount of the special tax depends on the size of the home and will range from $2,167 annually to $11,383 annually. The Hotel properties will be taxed $300 per hotel room, the Multi-Family properties will be taxed $500 per unit, and the commercial property will be taxed $3 .00 per square foot.

CFO Bonds will only be issued, from time to time, in the amounts necessary to reimburse the Developer for the public improvements and fees. Once the CFO Bonds are repaid, the special taxes will no longer be levied. The first series of CFO Bonds may be issued as early as 2024 depending on the level of home development and home sales.

Currently, the Developer reports the following progress in Improvement Area No. 1 Grading
• Mass Grading Completed -Phase 1A, B, C, Town Center and Lagoon • Rough Grading Completed -Phase 1A Lots have been certified. • Phase 1 B/C rough grading will be starting September 2023 Wet Utilities
• Sewer & Water-Phase 1A is 98% complete .
• Storm Drain -Phase 1A is 95% complete.
• NPW-Phase 1A is 40% complete.

Dry Utilities
• Sleeving -Phase 1A is 40% complete.
• Structures & Conduits -Phase 1A is 5% complete.

Street Improvements
• Curbs -Phase 1A is 90% complete (waiting on completion of sleeving to complete) • Paving -will begin in September after the completion of sleeving and curb returns Perimeter Wall
• Approximately 7,500 Lf of perimeter wall has been constructed; approximately 65% complete
• Approximately 6,500 Lf of perimeter wall has been stucco'd and considered substantially complete
AGENDA ITEM#:

9-3
DATE: September 7, 2023
Section 31 Project (Cotino) -CFD No. 5
JUSTIFICATION OR INFORMATION CONTINUED:

Lagoon
• Started construction in July 2023
• Approximately 160' of retain wall footings have been completed Offsites
• Sewer -Vista Del Sol is approx. 40% complete

Page 3 of 4 ends

• SCE Backbone & Undergrounding -Construction started in July 2023 and several structures have been placed; approximately 5%-10% complete • Water -12" tie-in has been completed and 18" tie expected to be completed by the end of August 2023
Amenities
• Both the Gate House and Age Qualified park started construction in August 2023; less than 5% complete

DISCUSSION
Since the formation of CFO No. 5, there have been certain changes and developments within Improvement Area No . 1, which require that various CFO formation documents be amended.

There have been certain lot line adjustments that affect the boundaries of Improvement Area No. 1 and Improvement Area No. 4 and require an annexation of property to Improvement Area No. 1. These amendments include the CFO boundary map, the Rate and Method of Apportionment and the Acquisition Agreement. The attached resolutions are the initial steps for consideration and providing a time and notice for public hearing and election on certain of these requested changes.

CFO Boundary Map
The Developer is requesting that the CFO boundary map be amended to reflect recent boundary adjustments in Improvement Area No. 1 and No. 4. This request will include an annexation of property for designation to Improvement Area No. 1 and the release of certain property. This will ensure all intended residential properties are included in the Improvement Area No. 1 boundary and subject to special taxes . The changes include lot line adjustments to include a condominium site and recently approve tract map in Improvement Area No. 1 Rate and Method of Apportionment (RMA)
The previously adopted RMAs included a definition for "Club Property" with the intention that such property would be excluded from CFO special taxes. There has been significant progress with the planning and development of the property providing more specific information about the Club Property . The RMA for Improvement Area No. 1 will be revised to include a more precise definition of "Club Property" to ensure that all of the Club Property will be exempt from the levy of special taxes as originally intended. In addition, HOA property associated with future condominium sites cannot be identified until such condominium projects are developed. As a result, the language in the RMA that restricts the exemption of Club Property . until "after all other eligible property types within such Zone have been classified as Exempt Property" will be removed.

AGENDA ITEM#:

9-4
DATE: September 7, 2023 Page 4 of 4
Section 31 Project (Catino) -CFD No. 5
JUSTIFICATION OR INFORMATION CONTINUED:

Acquisition and Funding Agreement
Certain public benefit improvements that will be owned by a property owners association or mutual water company will be financed by CFO Bond proceeds. The acquisition agreement will be supplemented to add these improvements to allow for their funding by CFO Bond proceeds. Notice of a public benefit finding will be provided in the Resolutions to be adopted, and an authorization for execution of the Amended Acquisition Agreement will follow in a subsequent resolution.

Each of the resolutions to be approved comply with the City's CFO policy. There is no series of bonds to be authorized at this time. The levy of special taxes will be presented for approval by the City Council in the future.

FISCAL IMPACT
There is no direct fiscal impact or liability to the City and CFO. The Developer has placed a deposit with the City to cover all costs of this process including costs of City bond administration and City staff time . The proposed amendments do not materially impact the timing or security of future CFO Bond to be issued.

ATTACHMENT(S)
1 . Draft Resolutions

2. Amended RMA, CFO Boundary Map
AGENDA ITEM#:

9-5
ATTACHMENT 1

RESOLUTIONS
(SEE ATTACHED)

9-6
RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,

CALIFORNIA, OF INTENTION TO ANNEX TERRITORY TO CITY OF RANCHO MIRAGE COMMUNITY FACILITIES DISTRICT NO. 5 (SECTION 31) AND IMPROVEMENT AREA NO. 1 THEREIN, AND TO MAKE BOUNDARY ADJUSTMENTS AFFECTING IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 4 WHEREAS, the City Council (the "Council") of the City of Rancho Mirage (the "City"), has conducted proceedings under the Mello-Roos Community Facilities Act of 1982 (the "Act") and completed the formation of the "City of Rancho Mirage Community Facilities District No. 5 (Section 31)" (the "Community Facilities District") and as governing body of the Community Facilities District has designated four improvement areas within the Community Facilities District known as "Improvement Area No. 1 of City of Rancho Mirage Community Facilities District No. 5 (Section 31 )" ("Improvement Area No. 1 "), "Improvement Area No. 2 of City of Rancho Mirage Community Facilities District No. 5 (Section 31)" ("Improvement Area No. 2"), "Improvement Area No. 3 of City of Rancho Mirage Community Facilities District No. 5 (Section 31 )" ("Improvement Area No. 3"), and "Improvement Area No. 4 of City of Rancho Mirage Community Facilities District No. 5 (Section 31 )" ("Improvement Area No. 4" and, together with Improvement Area No. 1, Improvement Area No . 2 and Improvement Area No. 3, the "Improvement Areas"), and to levy a special tax therein to finance the acquisition and construction of certain public capital facilities; and
WHEREAS, the Council has received a request from ECRM Residential, Limited Partnership, a Delaware limited partnership, the owner of land within Improvement Area No. 1 (the "Owner"), requesting the institution of proceedings pursuant to the Act to annex certain property to the Community Facilities District and Improvement Area No. 1, to make certain boundary adjustments between Improvement Area No. 1 and Improvement Area No . 4 and to release a portion of the property from the lien of special taxes, among other change proceedings, pursuant to the Act; and
WHEREAS, the Owner has represented to the Council that the Owner is the owner of 100% of the area of land included within and, by the requested annexation and boundary adjustment described in this Resolution, to be included within the boundaries of Improvement Area No. 1; and
WHEREAS, if the legislative body of a community facilities district determines that public convenience and necessity require that territory be added to an existing community facilities district, the legislative body may adopt a resolution of intention to annex the territory to such community facilities district; and
WHEREAS, at the request of the Owner, the Council will, following a public hearing on the question, consider certain territory (the "Additional Territory") be added to the Community Facilities District for designation to Improvement Area No . 1, and further that certain revisions be made to the Boundary Map (as defined below) to revise certain 1 9-7
boundary adjustments between Improvement Area No. 1 and Improvement Area No. 4 and to release certain property from the Community Facilities District and Improvement Area No. 1 including from the lien of any special tax therein; and WHEREAS, there has been filed with the City's City Clerk (the "Clerk") a proposed map entitled "Amended Map of Boundaries of City of Rancho Mirage Community Facilities District No. 5 (Section 31 ), City of Ranch Mirage, County of Riverside, State of California," demonstrating the original boundaries of the Community Facilities District, the four Improvement Areas, boundary adjustments affecting Improvement Area No. 1 and Improvement Area No. 4, and the property to be annexed to the Community Facilities District for designation to Improvement Area No. 1 and property to be released from the Community Facilities District and Improvement Area No. 1 including from the lien of any special tax therein, which map is referred to herein as the Boundary Map as defined below; and
WHEREAS, the Council is fully advised in this matter.

NOW, THEREFORE, IT IS RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, AS FOLLOWS:

Section 1. Recitals.

That the above recitals are true and correct, and the Council so finds and determines.

Section 2. Name of Community Facilities District and Improvement Areas.

That the name of the Community Facilities District is "City of Rancho Mirage Community Facilities District No. 5 (Section 31)." The Improvement Areas designated within the Community Facilities District are "Improvement Area No. 1 of City of Rancho Mirage Community Facilities District No. 5 (Section 31 )," "Improvement Area No. 2 of City of Rancho Mirage Community Facilities District No. 5 (Section 31)," "Improvement Area No. 3 of City of Rancho Mirage Community Facilities District No. 5 (Section 31)" and "Improvement Area No. 4 of City of Rancho Mirage Community Facilities District No. 5 (Section 31)."
Section 3. Boundary Map; Additional Territory.

That the Council proposes to annex the Additional Territory to the Community Facilities District and Improvement Area No. 1 thereof under the terms of the Act and to release certain property from the Community Facilities District including from the lien of any special tax therein. In addition, the Council proposes to make certain boundary adjustments between Improvement Area No. 1 and Improvement Area No. 4. The existing boundaries of the territory of the Community Facilities District are described in the boundary map of the Community Facilities District recorded in the Book of Maps of Assessment and Community Facilities Districts maintained by the County Recorder of the County of Riverside in Book 87 at Page 91 (recorded on November 18, 2021 ). 2 9-8
The boundaries of the Additional Territory proposed to be annexed to the Community Facilities District and Improvement Area No. 1 thereof are described in the proposed map entitled "Amended Map of Boundaries of City of Rancho Mirage Community Facilities District No. 5 (Section 31), City of Ranch Mirage, County of Riverside, State of California showing the proposed Additional Territory (the "Boundary Map") now on file in the office of the Clerk, which map is hereby approved by the Council.

A reduced copy of the Boundary Map is attached as Exhibit A hereto, and by this reference is incorporated herein and made a part of this Resolution. The Council finds that the Boundary Map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code and directs the Clerk to certify the adoption of this Resolution on the face of the Boundary Map. Reference is made to the Boundary Map for further particulars. The Clerk is further directed to record, or cause to be recorded, the Boundary Map in the office of the Riverside County Recorder within fifteen (15) days of the date of adoption of this Resolution, all as required by Section 3111 of the California Streets and Highways Code.

Section 4. Facilities to be Financed.

The public facilities (the "Facilities") provided pursuant to the Act in the Community Facilities District and Improvement Area No. 1 thereof and proposed to be provided in the Additional Territory are described under the caption "Facilities" in Exhibit A to Resolution No. 2021-57, entitled "A Resolution of the City Council of the City of Rancho Mirage of Formation of City of Rancho Mirage Community Facilities District No. 5 (Section 31 ), Designating Improvement Areas Within the District, Authorizing the Levy of a Special Tax Within each Improvement Area and Establishing an Appropriations Limit for each Improvement Area," adopted by the City Council on December 16, 2021 (the "Resolution of Formation"), which is by this reference incorporated herein. They are public facilities that the City or other public agencies or utilities, or private facilities that publicly-regulated utilities, are authorized by law to construct, own or operate, or to which they may contribute revenue and/or improvements on private property that are deemed to constitute a "public facility" eligible for acquisition under the Acquisition Agreement as amended, and that are necessary to meet increased demands placed upon the City or other public agencies or utilities as a result of development occurring and anticipated to occur within the Community Facilities District. The Facilities will be available to and will benefit owners within the Community Facilities District and Improvement Area No. 1 thereof and the proposed Additional Territory without preference or priority, and, as such is the case, no specific plan for sharing facilities as contemplated by Section 53339.3 of the Act is necessary. The Facilities will be available to and will benefit owners within the Community Facilities District and Improvement Area No. 1 thereof and the proposed Additional Territory without preference or priority, and, as such is the case, no specific plan for sharing facilities as contemplated by Section 53339.3 of the Act is necessary.

Among such Facilities, Council intends to consider certain Facilities comprising certain storm drainage, recycled water, and water treatment and conservation systems, each to be completed on private property, as constituting a "public facility" eligible for acquisition under the Acquisition Agreement, as amended, and as may be determined eligible under the Act by Council.
3 9-9
Section 5. Costs of Financing Facilities.

That the cost of financing the acquisition and construction of the Facilities includes incidental expenses for the Facilities comprising the costs of planning and designing the Facilities, together with the costs of environmental evaluations thereof, and all costs associated with the creation of the Community Facilities District, the issuance of one or more series of bonds for the Improvement Areas, the determination of the amount of any special taxes or the collection or payment of any special taxes and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District, together with any other expenses incidental to the acquisition and construction of the Facilities (collectively, the "Incidental Expenses"). A representative list of Incidental Expenses proposed to be incurred are set forth under the caption "Incidental Expenses" in Exhibit B to the Resolution of Formation, which by this reference is incorporated herein and made a part of this Resolution.

Section 6. Continuing Lien.

That upon recordation of the appropriate Notice of Special Tax Lien pursuant to Section 3114 .5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property within Improvement Area No. 1 and the proposed Additional Territory as specified in the Notice of Special Tax Lien, and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien is cancelled in accordance with law, or until levy of the Special Tax by the Council ceases.

Section 7. Levy of Special Tax.

That it is the intention of the Council that, except where funds are otherwise available, a special tax (the "Special Tax") sufficient to pay for all Facilities, secured by recordation of a continuing lien against all nonexempt real property in Improvement Area No. 1 and the proposed Additional Territory, will be annually levied within Improvement Area No . 1 and the proposed Additional Territory. Proposed changes to the rate and method of apportionment of the special tax levied within Improvement Area No . 1 are reflected in the Amended and Restated Rate and Method of Apportionment of Special Tax (the "Restated Rate and Method") attached hereto as Exhibit B, as described below, which is by this reference incorporated herein.

Section 8. Rate and Method of Apportionment.

That the Restated Rate and Method and manner of collection of the Special Tax for Improvement Area No. 1 and the Additional Territory is described in detail in Exhibit B. Exhibit B allows each landowner within Improvement Area No. 1 and the proposed Additional Territory to estimate the maximum amount that may be levied against each parcel. The conditions under which the obligation to pay the Special Tax for Improvement Area No. 1 may be prepaid and permanently satisfied are specified in the Restated Rate and Method.
4 9-10
If the Special Taxes of Improvement Area No. 1 are levied against any parcel used for private residential purposes: (i) the maximum Special Tax rate shall not be increased except to the extent permitted in the Restated Rate and Method; (ii) such Special Tax shall not be levied later than the fiscal year specified in the Rate and Method; and (iii) under no circumstances shall such Special Tax in Improvement Area No. 1 be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within Improvement Area No . 1 by more than ten percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. For purposes of this paragraph, a parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit for private residential use is issued.

Section 9. Special Tax Levied on Possessory Interest.

That should any property subject to the Special Tax be acquired by a public agency and then leased for private purposes, it is the intention of the Council, pursuant to Section 53340.1 of the Government Code of the State of California, to levy the Special Tax on the leasehold or possessory interests in property owned by a public agency (which property is otherwise exempt from the Special Tax), to be payable by the owner of the leasehold or possessory interests in such property.

Section 10. Appropriations Limit.

The Council has previously established pursuant to Section 53325.7 of the Government Code of the State of California, the initial (Fiscal Year 2022-2023) appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, for Improvement Area No. 1 in the amount of $80,000,000.

Section 11. Special Election.

The proposal to annex the Additional Territory to the Community Facilities District and Improvement Area No. 1 shall be subject to the approval of the qualified electors of the Additional Territory at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballots among the landowners in the Additional Territory, with each owner having one vote for each acre or portion of an acre such owner owns in the Additional Territory.

Section 12. Public Hearing.

That the Council hereby fixes Thursday, October 19, 2023, at 1 :00 p.m., or as soon thereafter as the Council may reach the matter, in the Council Chambers at 69825 Highway 111, Rancho Mirage, California, as the time and place when and where the Council, as legislative body for the Community Facilities District, will conduct a public hearing on the proposed annexation of the Additional Territory to the Community Facilities District and Improvement Area No. 1 thereof. At the public hearing, any persons interested, including all taxpayers, property owners and registered voters within the Improvement Area No. 1 and the Additional Territory, may appear and be heard, and the 5 9-11
testimony of all interested persons or taxpayers for or against the proposed annexation of the Additional Territory to the Community Facilities District and Improvement Area No. 1 thereof, or on any other matters set forth herein, will be heard and considered.

Section 13. Completion of Public Hearing.

That the public hearing may be continued from time to time, but shall be completed within thirty (30) days from the date of the initial date set for such public hearing, except that if the Council finds that the complexity of the Community Facilities District or the need for public participation requires additional time, the public hearing may be continued from time to time for a period not to exceed six (6) months from the date of the initial date set for such public hearing.

Section 14. Consideration of Annexation and Boundary Adjustments.

That at the conclusion of the public hearing, the Council may abandon these proceedings or may, after passing upon all protests, determine to proceed with the requested annexation and boundary adjustments and to release a portion of the property from the lien of special taxes. If the Council determines at the conclusion of the public hearing to proceed with the requested annexation and related boundary adjustments, it expects that the proposed voting procedure will be by landowners voting in accordance with the Act, as the Council expects, based on information supplied to it, that during the 90 days prior to the close of the public hearing, there will have been times when there were fewer than twelve (12) registered voters residing within Improvement Area No . 1.

The Council will require this information to be confirmed before ordering the election.

Section 15. Notice of Public Hearing.

That notice of the time and place of the public hearing shall be given by the Clerk in the following manner:
(a) A Notice of Public Hearing in the form required by the Act shall be published once in THE DESERT SUN, a newspaper of general circulation published in the area of the Community Facilities District and the Additional Territory, pursuant to Section 6061 of the Government Code of the State of California and shall be completed at least seven (7) days prior to the date set for such public hearing;
(b) A Notice of Public Hearing in the form required by the Act shall be mailed, first class postage prepaid, to each owner of land, and to each registered voter residing, within the boundaries of Improvement Area No . 1 and the Additional Territory (to property owners at their addresses as shown on the last equalized assessment roll, and to registered voters at their addresses as shown on the records of the Riverside County Registrar of Voters, or in either case as otherwise known to the Clerk). The mailing shall be completed at least 7 days prior to the date set for the public hearing; and (c)
the Act.

The Notice shall contain the information prescribed by Section 53339.4 of 6 9-12
Section 16. Further Actions.

That the officers and employees of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

Section 17. Severability.

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

Section 18. Headings.

That headings of sections herein are solely for convenience of reference and shall not affect the meaning, construction or effect hereof.

Section 19. Repeal of Conflicting Provisions.

That all provisions of any resolution in effect prior to the effective date of this Resolution as adopted by the Council that are in conflict with the provisions of this Resolution, are hereby repealed.

Section 20. Effective Date.

That this Resolution shall take effect immediately upon its adoption.

Section 21. Certification.

That the Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
7 9-13
PASSED, APPROVED AND ADOPTED on September 7, 2023.

Richard W. Kite, Mayor
ATTEST:

Kristie Ramos, City Clerk

APPROVED AS TO FORM
Steven B. Quintanilla, City Attorney
8 9-14
EXHIBIT "A"

CITY OF RANCHO MIRAGE COMMUNITY
FACILITIES DISTRICT NO. 5 (SECTION 31)

AMENDED MAP OF BOUNDARIES
(SEE ATTACHED)

9-
1 5

VICINITY MAP
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Legend
__ CFO Boundary
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Legend
c:::J CFO Boundary
1~-~ -:_i RANCHO MIRAGE
l_0] Map Reference Number
t-_ -_ -_ -_ -~ Original Lot Lines
Improvement Area
LJ1 □2
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LJ4
SHEET 1 OF 2

AMENDED MAP OF BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 5 (SECTION 31)

CITY OF RANCHO MIRAGE

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
(This map amends , by adjusting lot lines shown hereon, the boundary map for City of Rancho Mirage Community Facilities District No. 5 (Section 31), City of Rancho Mirage , Riverside County, State of California, prior recorded at Book 87 of Maps of Assessment and Community Facilities Districts at page 91 , in the office of the County Recorder for the County of Riverside , State of California.) 11 , GERALD FORD DR
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FILED IN THE OFFICE OF THE CITY CLERK THIS ____ DAY OF ___ ~ 20_.

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING AMENDED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 5 (SECTION 31), CITY OF RANCHO MIRAGE,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY

COUNCIL OF THE CITY OF RANCHO MIRAGE AT A REGULAR MEETING THEREOF, HELD ON THE ----~ DAY OF----~ 20_, BY ITS RESOLUTION
NO . _______ _

CITY CLERK

CITY OF RANCHO MIRAGE
~-~tt~6~IS .M . IN Boo/AY OF ~o=F~M~A=Ps~O~F A-,-,S_~~S~~~~~g~~~~-UN_I_TY-FA_C_I_LITI-ES DISTRICTS AT PAGE(S) _. IN THE OFFICE OF THE COUNTY RECORDER. COUNTY OF RIVERSIDE , STATE OF CALIFORNIA.

PETER ALDANA, ASSESSOR-COUNTY CLERK-RECORDER

BY DEPUTY

COUNTY RECORDER

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA

REFERENCE IS MADE TO THAT BOUNDARY MAP OF THE COMMUNITY FACILITIES DISTRICT NO. 5 (SECTION 31) OF THE CITY OF RANCHO MIRAGE RECORDED WITH THE RIVERSIDE COUNTY RECORDER'S OFFICE ON NOVEMBER 18, 2021 IN BOOK 87 OF MAPS OF ASSESSMENT AND COMMUNITY FACILlllES DISTRICTS, PAGE 91 AS INSTRUMENT NO . 2021--0688340.

THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS DIAGRAM SHALL

BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR THOSE PARCELS LISTED.

THE RIVERSIDE COUNTY ASSESSOR'S MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS.

MAP REFERENCE ASSESSOR'S PARCEL

NUMBER NUMBER
1 685-220-011
2 685-220-012
3 Portion of 685-220-013 and -025
4 685-220-014
5 685-220-015 and Portion of -017
6 685-220-016
7 Portion of 685-220-017
8 Portion of 685-220-025 and -013
9 685-220-026
10 685-220-027
11 685-220-028
12 685-220-029
13 685-220-030
14 674-430-017
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Detail "A"
~-~\
~-"-.

AMENDED MAP OF BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 5 (SECTION 31)

CITY OF RANCHO MIRAGE

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
For additional detail on the lots and dimension of parcels shown , reference is made to Tract Map No . 38291 recorded on July 12, 2023 as document number 2023-0202826. Additional reference is made to Lot Line Adjustment No. 22-03 recorded as document number 2023-0073712 on March 14, 2023 and Lot Line Adjustment No . 23-01 recorded as document number 2023- 0131666 on May 8 , 2023.

SHEET2 OF 2
Legend
~:] Improvement Area No. 1 to Improvement Area No. 4
l__._J Improvement Area No. 1 to N.A.P.
t!!) N.A.P. to Improvement Area No.1
CS] Remains in Improvement Area No. 1
L2:Zl Remains in Improvement Area No. 4
[ "_"_ ~ ·; Original Lot Line
Detail "B"
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•++ + + + + + + + + + + + +w + :++++++++++++++++ ~++++++++~+++++++ ;+ + + + + + + i"'---t / '"',t..±.±-:r-
:+ + + + + + +/ .++++++-11
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9-17
EXHIBIT "B"
IMPROVEMENT AREA NO. 1 OF CITY OF RANCHO MIRAGE
COMMUNITY FACILITIES DISTRICT NO. 5 (SECTION 31)

RA TE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
(SEE ATTACHED)

9-18

AMENDED AND RESTATED RATE

AND METHOD OF

APPORTIONMENT OF SPECIAL TAX

CITY OF RANCHO MIRAGE
COMMUNITY FACILITIES DISTRICT NO. 5 (SECTION 31)
IMPROVEMENT AREA NO. 1
A Special Tax shall be levied on all Taxable Property within the boundaries of the City of Rancho Mirage Community Facilities District No. 5 (Section 31) Improvement Area No. 1 ("CFO No. 5 IA 1") and collected each Fiscal Year commencing in Fiscal Year 2022-23, in an amount determined by the CFO Administrator through the application of the procedures described below.

All of the real property within CFD No. 5 IA 1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

1. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Map. An Acre means 43,560 square feet ofland. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs related to the administration of CFD No. 5 IA 1 including, but not limited to: the costs of preparing and computing the Special Tax (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City, the County or otherwise); the costs ofremitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 5 IA 1, or any designee thereof complying with arbitrage rebate requirements, including without limitation rebate liability costs and periodic rebate calculations; the costs to the City, CFD No. 5 IA 1, or any designee thereof complying with disclosure or reporting requirements of the City or CFO No. 5 IA 1, associated with applicable federal and State laws; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs to the City, CFD No. 5 IA 1, or any designee thereofrelated to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 5 IA 1 for any other administrative purposes of CFD No. 5 IA 1, including attorney's fees and other costs related to commencing and pursuing any foreclosure of delinquent Special Taxes.
"Apartment Unit" means a for-rent Residential Unit located on an Assessor's Parcel of Multi- Family Property.

9-19
"Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 151 preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a Building Permit has not been issued on or prior to the May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor" means the Assessor of the County of Riverside. "Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number.
"Assessor's Parcel Map" means an official map of the Assessor designating parcels by Assessor's Parcel Number.
"Assessor's Parcel Number" means the number assigned to an Assessor's Parcel by the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section 3.A below. "Backup Special Tax" means the Special Tax of that name described in Section 3.B below. "Bonds" means any bonds or other Debt of CFD No. 5 IA 1, whether in one or more series, secured by the levy of Special Taxes.
"Building Permit" means a building permit for construction of a Residential Unit or non- residential structure within CFD No. 5 IA 1 issued by the City. "Building Square Footage" means (i) for Residential Property, all of the square footage of usable area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, or similar area and (ii) for Non-Residential Property , all of the square footage within the interior of a non-residential building. The determination of Building Square Footage shall be made by reference to the Building Permit(s) issued for such Assessor's Parcel and/or by reference to appropriate records kept by the City.
"Calendar Year" means the period commencing January 1st of any year and ending the following December 31.
"CFD Administrator" means an authorized representative of the City, or designee thereof, responsible for determining the Special Tax Requirement, for preparing the Special Tax roll and/or calculating the Backup Special Tax.
"CFD No. 5 IA 1" means the City of Rancho Mirage Community Facilities District No. 5 (Section 31) Improvement Area No. 1
"City" means the City of Rancho Mirage, California.
"Club Property" means (i) Lot Numbers 178 through 183 inclusive, and 186 of Tract Map No. 38291 in the City of Rancho Mirage, County of Riverside recorded on July 12, 2023 as Instrument No. 2023-0202826 and (ii) all Assessor's Parcels within CFD No 5 IA 1 owned in fee by a private entity which is not a homeowner, exclusive of Property Owner Association Property, and which consists of one or more buildings and/or recreation areas used to support operations of the private club. If at any time either (a) Residential Units or (b) non-residential facilities not being used by members of the private club nor to support operations of the private club, are constructed on an Assessor's Parcel classified as Club Property, such Assessor's Parcel will no longer be classified as Club Property, but will be classified as either Residential Property, Commercial Property, Hotel 2 9-20
Property or Other Non-Residential Property, as applicable, and subject to the levy of the Special Taxes accordingly.
"Commercial Property" means Assessor's Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more non-residential facilities which is primarily used for: the sale of general merchandise, hard goods, personal services, and other items directly to consumers, or other uses that are consistent with commercial or retail land use designations, as determined by the City.
"Council" means the City Council of the City acting as the legislative body of CFD No. 5 IA 1 under the Act.
"County" means the County of Riverside, California.
"Debt" means any binding obligation to pay or repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts.
"Debt Service" means for each Fiscal Year, the total amount of principal and interest payable on any Outstanding Bonds during the Calendar Year commencing on January 1st of such Fiscal Year. "Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of Provisional Property, for which a Building Permit was issued prior to May 1st of the previous Fiscal Year. An Assessor's Parcel classified as Developed Property but for which the Building Permit that caused such Assessor's Parcel to be classified as Developed Property has been cancelled and/or voided prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified as Approved Property, provided that the levy of the Special Tax after such reclassification shall not be less than

1.1 times the annual Debt Service less Administrative Expenses on all Outstanding Bonds. If Bonds have not been issued, an Assessor's Parcel classified as Developed Property for which such a Building Permit has been cancelled and/or voided shall be reclassified as Approved Property. "Exempt Property" means for each Fiscal Year, all Assessor's Parcels designated as being exempt from Special Taxes pursuant to Section 8 below.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without further subdivision. "Fiscal Year" means the period starting on July 1 and ending the following June 30. "Hotel Property" means Assessor's Parcels of Developed Property for which a Building Permit has been issued permitting the construction of a non-residential structure that constitutes a place of lodging providing sleeping accommodations and related facilities for travelers. Residential Units for which the owner may have the option to rent as part of a resort or hotel brand rental program shall not be considered Hotel Property but shall be considered Single Family Property taxed accordingly.
"Hotel Room" means a room or suite available for overnight lodging located on an Assessor's Parcel of Hotel Property.
3 9-21
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Table 1 under Section 3 below. "Lot" means a parcel created by a Final Map on which one or more Residential Units and/or non- residential buildings may be constructed.
"Maximum Special Tax" means for each Assessor's Parcel, the maximum Special Tax, determined in accordance with Sections 3.C and 3.D below, which may be levied in a given Fiscal Year on such Assessor's Parcel of Taxable Property.
"Multi-Family Property" means all Assessor's Parcels of Residential Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing one or more non-residential units or facilities.
"Other Non-Residential Property" means all Assessor's Parcels of Non-Residential Property which are not classified as Commercial Property or Hotel Property. "Outstanding Bonds" means all Bonds, which are deemed to be outstanding under the Indenture. "Prepayment Amount" means the amount required to prepay the Special Tax Obligation in full for an Assessor's Parcel as described in Section 6.A below. "Property Owner Association Property" means any Assessor's Parcel within the boundaries of CFD No. 5 IA 1 owned in fee by a property owner association , including any master or sub- association.
"Proportionately" or "Proportionate" means for Developed Property, that the ratio of the actual Special Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal for all Assessor's Parcels of Developed Property. For Approved Property or Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of Approved Property or Undeveloped Property. "Proportionately" may similarly be applied to other categories of Taxable Property as listed in Section 4 below.
"Provisional Property" means all Assessor's Parcels of Public Property, Property Owner Association Property, Club Property or property that would otherwise be classified as Exempt Property pursuant to the provisions of Section 8 but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage as set forth in Section 8.
"Public Property" means any property within the boundaries of CFD No. 5 IA 1, which is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. 4 9-22
"Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing one or more Residential Units. "Residential Unit" means each separate residential dwelling unit that comprises an independent facility capable of conveyance or rental, separate from adjacent residential dwelling units . "Single Family Attached" means all Assessor's Parcels of Single Family Property for which building permits have been or will be issued for a Residential Unit that shares an interior wall with another Residential Unit.
"Single Family Detached" means all Assessor's Parcels of Single Family Property not classified as Single Family Attached.
"Single Family Property" means all Assessor's Parcels of Residential Property not classified as Multi-Family Property.
"Special Tax" means any special tax levied within CFD No. 5 IA 1 pursuant to the Act and this Rate and Method of Apportionment of Special Tax.
"Special Tax Obligation" means the total obligation of an owner of an Assessor's Parcel of Taxable Property to pay the Special Tax for the remaining life of CFD No. 5 IA 1. "Special Tax Requirement" means that amount required in any Fiscal Year to: (i) pay regularly scheduled Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) accumulate funds to pay directly for acquisition or construction of facilities, provided that the inclusion of such amount does not cause an increase in the Special Tax to be levied on Approved Property, Undeveloped Property , or Provisional Property, until the date that all Bonds have been issued; and (vi) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (vii) a credit for funds available to reduce the Special Tax levy, as determined by the CFD Administrator pursuant to the Indenture.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 5 IA 1, which are not exempt from the levy of the Special Tax pursuant to law or Section 8 below. "Trustee" means the trustee or fiscal agent under the Indenture. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Approved Property or Provisional Property. "Waterfront Property" means Residential Property within Zone 3 classified as Single Family Attached and which include separate Residential Units stacked above one another two or more levels high.
"Zone" means either Zone 1, Zone 2 or Zone 3.
"Zone 1" means the separate geographic area within CFD No. 5 IA 1 that is designated as Zone 1 on the Exhibit A attached hereto.
5 9-23
"Zone 2" means the separate geographic area within CFD No. 5 IA 1 that is designated as Zone 2 on the Exhibit A attached hereto.
"Zone 3" means the separate geographic area within CFD No. 5 IA 1 that is designated as Zone 3 on the Exhibit A attached hereto.

2. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2022-23, each Assessor's Parcel within CFD No. 5 IA 1 shall be classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further be classified as Developed Property, Approved Property, Undeveloped Property or Provisional Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below. Furthermore, each Assessor's Parcel of Developed Property shall be classified Residential Property or Non-Residential Property. Each Assessor's Parcel of Residential Property shall be further classified as Single Family Detached, Single Family Attached or Waterfront Property and shall be assigned a corresponding Land Use Class based on its Building Square Footage. Each Assessor's Parcel of Non-Residential Property shall be further classified as Commercial Property, Hotel Property or Other Non-Residential Property and shall be assigned to the corresponding Land Use Class.

3. SPECIAL TAX RA TES
A. Assigned Special Tax for Developed Property
The Assigned Special Tax applicable to an Assessor's Parcel classified as Developed Property shall be determined pursuant to Table 1 below.

Land
Use
Class
1 2
3 4
5 6
Table 1
Assigned Special Tax Rates -Fiscal Year 2022-23
Zone 1, Zone 2 & Zone 3
Building Fiscal Year 2022-
Land Use Type 23 Assigned Square Footage Special Tax
Single Family Detached > 5,900 $11,383 per
Residential Unit
Single Family Detached 5,701 -5,900 $11,077 per
Residential Unit
Single Family Detached 5,501 -5,700 $10,770 per
Residential Unit
Single Family Detached 5,301 -5,500 $10,463 per
Residential Unit
Single Family Detached 5,101 -5,300 $9,994 per
Residential Unit
Single Family Detached 4,901 -5,100 $9,525 per
Residential Unit
6 9-24
4,701 -4,900 $9,025 per
7 Single Family Detached Residential Unit
4,501 -4,700 $8,758 per
8 Single Family Detached Residential Unit
4,301 -4,500 $8,490 per
9 Single Family Detached Residential Unit
4,101 -4,300 $7,922 per
10 Single Family Detached Residential Unit
3,901 -4,100 $7,382 per
11 Single Family Detached Residential Unit
3,701 -3,900 $7,107 per 12 Single Family Detached Residential Unit 3,501 -3,700 $6,832 per
13 Single Family Detached Residential Unit
3,301 -3,500 $5,907 per 14 Single Family Detached Residential Unit 3,101 -3,300 $5,568 per 15 Single Family Detached Residential Unit 2,901 -3,100 $5,168 per 16 Single Family Detached Residential Unit 2,701 -2,900 $4,918 per
17 Single Family Detached Residential Unit
2,501 -2,700 $4,600 per
18 Single Family Detached Residential Unit
2,300 -2,500 $4,053 per 19 Single Family Detached Residential Unit 2,101 -2,300 $3,685 per
20 Single Family Detached Residential Unit
1,901 -2,100 $3,310 per
21 Single Family Detached Residential Unit
~ 1,900 $2,928 per 22 Single Family Detached Residential Unit > 2,050 $3,442 per 23 Single Family Attached Residential Unit 1,851 -2,050 $3,207 per 24 Single Family Attached Residential Unit 1,651 -1,851 $2,896 per
25 Single Family Attached Residential Unit
1,451 -1,650 $2,539 per
26 Single Family Attached Residential Unit
~ 1,450 $2,167 per
27 Single Family Attached Residential Unit
> 2,050 $4,131 per
28 Waterfront Property Residential Unit
1,851 -2,050 $3,848 per
29 Waterfront Property Residential Unit
7 9-25
30 Waterfront Property 1,651 -1,851 $3,475 per
Residential Unit
31 Waterfront Property 1,451 -1,650 $3,047 per
Residential Unit
32 Waterfront Property :S 1,450 $2,601 per
Residential Unit
33 Multi-Family Property NA $500 per
Apartment Unit
34 Hotel Property NA $300 per Hotel
Room
35 Commercial Property >O $3 .00 per Building
Square Footage
36 Other Non-Residential Property >O $3.00 per Building Square Footage
B. Backup Special Tax for Developed Property
The Backup Special Tax for Developed Property shall be an amount per Acre for each Zone as shown in Table 2 below.

Table 2
Backup Special Tax Rates -Fiscal Year 2022-23
Fiscal Year 2022-23
Zone Backup
Special Tax
Zone 1 $17,460 per Acre
Zone 2 $2 0,449 per Acre
Zone 3 $5 1,201 per Acre
For the purpose of calculating the Backup Special Tax, the Acreage applicable to Assessor's Parcels of Single Family Property created by recordation of a condominium plan shall be computed from the Acreage of the Lot on which the Residential Unit is located, with the Acreage for such Lot allocated equally among all of the Residential Units located or to be located on such Lot.

C. Maximum Special Tax for Developed Property
The Maximum Special Tax for Developed Property shall be the greater of the Assigned Special Tax for Developed Property or the Backup Special Tax for Developed Property.

In some instances, an Assessor's Parcel may contain both Undeveloped Property and Developed Property. Furthermore, Developed Property may contain more than one Land Use Class. In such cases, the Acreage of the Assessor's Parcel shall be allocated between Developed Property and Undeveloped Property based on the portion of the Assessor's Parcel for which Building Permits had been issued prior to May 1st of the prior Fiscal Year and the portion of the Assessor's Parcel for which Building Permits had not been issued 8 9-26
prior to May 1st of the prior Fiscal Year. The Acreage that is considered Developed Property shall be allocated between Residential Property and Non-Residential Property based on the site plan or similar document or exhibit as reasonably determined by the CFD Administrator. The Maximum Special Tax that can be levied on such Assessor's Parcel shall be the sum of the Maximum Special Tax that can be levied on each type of property located on that Assessor's Parcel.

D. Maximum Special Tax for Provisional Property, Approved Property and Undeveloped Property
The Maximum Special Tax for Provisional Property, Approved Property, and Undeveloped Property shall be an amount per Acre for each Zone as shown in Table 3 below.

Table 3
Maximum Special Tax Rates -Fiscal Year 2022-23
Provisional Property, Approved Property, and Undeveloped Property Fiscal Year 2022-23
Zone Maximum
Special Tax
Zone 1 $17,460 per Acre
Zone2 $20,449 per Acre
Zone3 $51,201 per Acre
E. Increases in the Assigned Special Tax, Backup Special Tax and Maximum Special Tax
On each July 1, commencing with July 1, 2023, the Assigned Special Tax, Backup Special Tax and Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year. On July 1, 2033, and July 1 of each subsequent Fiscal Year, the Assigned Special Tax, Backup Special Tax and Maximum Special Tax shall not increase from the amount in effect for the previous Fiscal Year.

F. Decreases in the Special Taxes
Prior to the issuance of the first series of Bonds, the owner of not less than 100% of the Taxable Property within the CFD No. 5 IA 1 may elect to reduce the Maximum Special Taxes for Developed Property, Approved Property, Undeveloped Property and Provisional Property, including the Assigned Special Tax and Backup Special Tax applicable to Developed Property, by written request to the City or the CFD Administrator. The requested reduction must be acceptable to CFD No. 5 IA 1 and consistent with the Act. In the event of a Special Tax reduction pursuant to this Section 3.F., the CFD Administrator shall cause a notice of the reduced Maximum Special Tax to be recorded pursuant to the Act. Upon recordation of such notice, the reduction to the Maximum Special Tax shall be permanent.
9 9-27

4. METHOD OF APPORTIONMENT
For each Fiscal Year, commencing Fiscal Year 2022-23, the CFD Administrator shall levy the Special Tax on all Taxable Property in accordance with the following steps:

Step 1: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax as needed to satisfy the Special Tax Requirement;
Step 2: If additional monies are needed to satisfy the Special Tax Requirement after Step 1 has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Approved Property in an amount up to 100% of the Maximum Special Tax for Approved Property as needed to satisfy the Special Tax Requirement;
Step 3: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in an amount up to 100% of the Maximum Special Tax for Undeveloped Property as needed to satisfy the Special Tax Requirement; Step 4: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax amount determined in Step 1 shall be increased in equal percentages for each Assessor's Parcel of Developed Property for which the Maximum Special Tax is determined by application of the Backup Special Tax up to an amount equal to 100% of the Maximum Special Tax as needed to satisfy the Special Tax Requirement.

Step 5: If additional monies are needed to satisfy the Special Tax Requirement after the first four steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Provisional Property in an amount up to 100% of the Maximum Special Tax for Provisional Property as needed to satisfy the Special Tax Requirement.

Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased as a result of a delinquency or default in the payment of the Special Tax applicable to any other Assessor's Parcel within CFD No . 5 IA 1 by more than ten percent (10%) above what would have been levied in the absence of such delinquencies or defaults.

5. COLLECTION OF SPECIAL TAXES
Collection of the Special Tax shall be made by the County in the same manner as ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the Council may provide for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent Special Taxes.

6. PREPAYMENT OF SPECIAL TAX OBLIGATION
A. Prepayment in Full
10 9-28
Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the CFD No. 5 IA 1 as permitted under Government Code Section 53344.

The following definitions apply to this Section 6:
"CFD Public Facilities Costs" means $60,000,000 or such lower number as (i) shall be determined by the CFD Administrator as sufficient to acquire or construct the facilities to be financed under the Act and financing program for CFD No. 5 IA 1, or (ii) shall be determined by the Council concurrently with a covenant that it will not issue any more Bonds (except refunding bonds).
"Construction Fund" means the fund (regardless of its name) established pursuant to the Indenture to hold funds, which are currently available for expenditure to acquire or construct the facilities or pay fees authorized to be funded by CFD No. 5 IA 1. "Future Facilities Costs" means the CFD Public Facilities Costs minus (i) costs previously paid from the Construction Fund to acquire or construct the facilities , (ii) monies currently on deposit in the Construction Fund, and (iii) monies currently on deposit in an escrow or other designated fund that are expected to be available to finance CFD Public Facilities Costs .
"Outstanding Bonds" means all Previously Issued Bonds, which remain outstanding as of the first interest and/or principal payment date following the current Fiscal Year excluding Bonds to be redeemed at a later date with proceeds of prior Special Tax prepayments.
"Previously Issued Bonds" means all Bonds that have been issued prior to the date of prepayment.

The Special Tax Obligation applicable to an Assessor's Parcel of Developed Property , Approved Property, Undeveloped Property, or Provisional Property may be prepaid and the obligation to pay the Special Tax for such Assessor's Parcel permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel eligible for prepayment of the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to prepay and designate or identify the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the Prepayment Amount for such Assessor's Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. Prepayment must be made at least 60 days prior to any redemption date for the CFD No. 5 IA 1 Bonds to be redeemed with the proceeds of such prepaid Special Taxes , unless a shorter period is acceptable to the Trustee and the City.

The Prepayment Amount shall be calculated for each applicable Assessor 's Parcel or group of Assessor's Parcels as follows (capitalized terms are defined below):
plus
plus
plus
Bond Redemption Amount
Redemption Premium
Future Facilities Amount
Defeasance Amount
11 9-29
plus
less
less
Equals:

Administrative Fees and Expenses
Reserve Fund Credit
Capitalized Interest Credit
Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Parcel.

2. For an Assessor's Parcel of Developed Property , compute the Maximum Special Tax for the Assessor's Parcel. For an Assessor 's Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Parcel as though it was already designated as Developed Property , based upon the Building Permit which has been issued for the Assessor's Parcel. For an Assessor 's Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued , or Provisional Property , compute the Maximum Special Tax for the Assessor's Parcel.
3 . Divide the Maximum Special Tax derived pursuant to paragraph 2 by the estimated total amount of Special Taxes that could be levied at build out of all Assessor's Parcels of Taxable Property based on the applicable Maximum Special Tax for all such Assessor's Parcels of Taxable Property not including any Parcels for which the Special Tax Obligation has been previously prepaid.

4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the "Bond Redemption Amount").

5. Multiply the Bond Redemption Amount by the applicable redemption premium , if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium").

6. Determine the Future Facilities Costs.

7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the portion of the Future Facilities Costs applicable to the Assessor's Parcel (the "Future Facilities Amount").

8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments.

9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid.
12 9-30

10. Determine the amount the CFO Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the "Defeasance Amount").

12. Verify the administrative fees and expenses associated with the prepayment, including the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Special Tax Obligation for the Assessor's Parcel and the redemption of Outstanding Bonds (the "Administrative Fees and Expenses").

13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement ( as defined in the Indenture), if any , associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date , but in no event shall such amount be less than zero.

14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit").

15. The amount to prepay the Special Tax Obligation is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses , less the Reserve Fund Credit and the Capitalized Interest Credit.

The Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make Debt Service payments . The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD No. 5 IA 1.

The Prepayment Amount may be sufficient to redeem an amount other than a $5 ,000 increment of Bonds. In such cases , the increment above $5 ,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to redeem Bonds with the next prepayment of a Special Tax Obligation.

The CFD Administrator will confirm that all previously levied Special Taxes have been paid in full. With respect to any Assessor's Parcel for which the Special Tax Obligation is prepaid in full , 13 9-31
once the CFD Administrator has confirmed that all previously levied Special Taxes have been paid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax and the release of the Special Tax lien on such Assessor's Parcel , and the obligation of the owner of such Assessor's Parcel to pay the Special Tax shall cease.

Notwithstanding the foregoing , no Special Tax prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes that may be levied on Taxable Property, less Administrative Expenses , after the proposed prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year.

B. Partial Prepayment
The Special Tax Obligation for an Assessor 's Parcel of Developed Property, Approved Property , Undeveloped Property, or Provisional Property may be partially prepaid. The amount of the prepayment shall be calculated as in Section 6.A.; except that a partial prepayment shall be calculated according to the following formula:

PP= (P E-A) x F+A
These terms have the following meaning:

PP = the partial prepayment
PE= the Prepayment Amount calculated according to Section 6.A F = the percentage by which the owner of the Assessor's Parcel(s) is partially prepaying the Special Tax Obligation
A= the Prepayment Administrative Fees and Expenses from Section 6.A The owner of any Assessor's Parcel who desires such partial prepayment shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Special Tax Obligation, (ii) the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax Obligation for an Assessor's Parcel within sixty (60) days of the request and may charge a reasonable fee for providing this service.

With respect to any Assessor's Parcel for which the Special Tax Obligation is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section 6.A., and (ii) indicate in the records of CFD No. 5 IA 1 that there has been a partial prepayment of the Special Tax Obligation and that a portion of the Special Tax with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 -F) of the Maximum Special Tax, shall continue to be levied on such Assessor's Parcel. ·
Notwithstanding the foregoing , no partial prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes that may be levied on Taxable Property, less Administrative Expenses, after the proposed partial prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year.

7. TERM OF SPECIAL TAX
14 9-32
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement, provided that the Special Tax shall not be levied after Fiscal Year 2064-65. The Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined that all required interest and principal payments on CFD No. 5 IA 1 bonds have been paid.

8. EXEMPTIONS
The CFD Administrator shall classify as Exempt Property (i) Assessor's Parcels of Public Property, (ii) Assessor's Parcels of Property Owner Association Property, or (iii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, and (v) Assessor's Parcels classified as Club Property as determined reasonably by the CFD Administrator, provided that no such classification would reduce the sum of all Taxable Property in a Zone below the amount of Acreage shown for such Zone in Table 4 below.

Table 4
Minimum Acreage of Taxable Property
Zone Minimum Acreage of
Taxable Property
Zone 1 36.22 Acres
Zone2 62.83 Acres
Zone 3 33.42 Acres
Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the sum of all Taxable Property within a Zone to less than the amount indicated for such Zone in Table 4 shall be classified as Provisional Property and will continue to be subject to the Special Taxes accordingly. Tax exempt status for the purpose of this paragraph will be assigned by the CFD Administrator for each Zone in the chronological order in which property becomes eligible for classification as Exempt Property.

If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in the first paragraph of Section 8 above that would make such Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.

9. APPEALS
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or her Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error not later than thirty-six (36) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, then the CFD Administrator shall take any of the following actions, in order of priority, in order to correct the error:
(i) Amend the Special Tax levy on the landowner's Assessor's Parcel(s) for the current Fiscal Year prior to the payment date,
15 9-33
(ii) Require the CFD to reimburse the landowner for the amount of the overpayment to the extent of available CFD funds , or
(iii) Grant a credit against, eliminate or reduce the future Special Taxes on the landowner 's Assessor's Parcel(s) in the amount of the overpayment.

If following such consultation and action by the CFD Administrator the landowner believes such error still exists , such person may file a written notice of appeal with the Council. Upon the receipt of such notice, the Council or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. If the Council or designee determines an error still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and (iii) above , in order of priority, in order to correct the error.

The Council or designee thereof shall interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguities and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the Council or designee shall be final.
16 9-
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9-35
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CITY OF RANCHO MIRAGE CFO NO. S {SECTION 31)
Zone Descriptions
ZONE2 I Map No. I Lot No. I Map No, I Lo t No. I Map No, I Lot No. I Map No, I Lot No. I Map No. 37856
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74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
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124
125
126
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142
143
144
145
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151
152
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157
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159
160
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163
164
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170
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9-36
Exh ibit A
CITY OF RANCHO MIRAGE CFO NO. 5 (SECTION 31)
Zone Descriptions
ZONE3 I Map No . Lot No . I Ma p No, I Lot No . I Map No, I Lot No. I Map No , I Lot No. 38291 38291 72 38291 143 38291 AB
38291 38291 73 38291 144 38291 AC
38291 38291 74 38291 145 38291 AD
38291 4 38291 75 38291 146 38291 AE
38291 5 38291 76 38291 147 38291 AF
38291 6 38291 77 38291 148 38291 AG
38291 7 38291 78 38291 149 38291 AH
38291 8 38291 79 38291 150 38291 Al
38291 9 38291 80 38291 151 38291 AJ
38291 10 38291 81 38291 152 38291 AK
38291 11 38291 82 38291 153 38291 AL
38291 12 38291 83 38291 154 38291 AM
38291 13 38291 84 38291 155 38291 AN
38291 14 38291 85 38291 156 38291 AO
38291 15 38291 86 38291 157 38291 AP
38291 16 38291 87 38291 158 38291 AQ
38291 17 38291 88 38291 159 38291 AR
38291 18 38291 89 38291 160 38291 AS
38291 19 38291 90 38291 161 38291 AT
38291 20 38291 91 38291 162 38291 AU
38291 21 38291 92 38291 163 38291 AV
38291 22 38291 93 38291 164
38291 23 38291 94 38291 165
38291 24 38291 95 38291 166
38291 25 38291 96 38291 167
38291 26 38291 97 38291 168
38291 27 38291 98 38291 169
38291 28 38291 99 38291 170
38291 29 38291 100 38291 171
38291 30 38291 101 38291 172
38291 31 38291 102 38291 173
38291 32 38291 103 38291 174
38291 33 38291 104 38291 175
38291 34 38291 105 38291 176
38291 35 38291 106 38291 177
38291 36 38291 107 38291 178
38291 37 38291 108 38291 179
38291 38 38291 109 38291 180
38291 39 38291 110 38291 181
38291 40 38291 111 38291 182
38291 41 38291 112 38291 183
38291 42 38291 113 38291 184
38291 43 38291 114 38291 185
38291 44 38291 115 38291 186
38291 45 38291 116 38291 A
38291 46 38291 117 38291 B
38291 47 38291 118 38291 C
38291 48 38291 119 38291 D
38291 49 38291 120 38291 E
38291 50 38291 121 38291 F
38291 51 38291 122 38291 G
38291 52 38291 123 38291 H
38291 53 38291 124 38291
38291 54 38291 125 38291
38291 55 38291 126 38291
38291 56 38291 127 38291
38291 57 38291 128 38291 M
38291 58 38291 129 38291 N
38291 59 38291 130 38291 0
38291 60 38291 131 38291 p
38291 61 38291 132 38291 Q
38291 62 38291 133 38291 R
38291 63 38291 134 38291
38291 64 38291 135 38291 T
38291 65 38291 136 38291 u
38291 66 38291 137 38291 V
38291 67 38291 138 38291 w
38291 68 38291 139 38291 X
38291 69 38291 140 38291 y
38291 70 38291 141 38291 z
38291 71 38291 142 38291 AA

9-37
RESOLUTION NO. 2023---

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE OF

CONSIDERATION TO CHANGE THE RA TE AND METHOD OF APPORTIONMENT OF IMPROVEMENT AREA NO. 1 OF CITY OF RANCHO MIRAGE COMMUNITY FACILITIES DISTRICT NO. 5 (SECTION 31)
WHEREAS, the City Council (the "Council") of the City of Rancho Mirage (the "City"), has conducted proceedings under the Mello-Roos Community Facilities Act of 1982 (the "Act") and completed the formation of the "City of Rancho Mirage Community Facilities District No. 5 (Section 31 )" (the "Community Facilities District"), and as governing body of the Community Facilities District has designated four improvement areas within the Community Facilities District known as "Improvement Area No. 1 of City of Rancho Mirage Community Facilities District No. 5 (Section 31 )" ("Improvement Area No. 1 "), "Improvement Area No. 2 of City of Rancho Mirage Community Facilities District No. 5 (Section 31 )" ("Improvement Area No. 2"), "Improvement Area No. 3 of City of Rancho Mirage Community Facilities District No. 5 (Section 31 )" ("Improvement Area No. 3"), and "Improvement Area No. 4 of City of Rancho Mirage Community Facilities District No. 5 (Section 31 )" ("Improvement Area No. 4" and, together with Improvement Area No. 1, Improvement Area No. 2 and Improvement Area No . 3, the "Improvement Areas"), and to levy a special tax therein to finance the acquisition and construction of certain public capital facilities; and
WHEREAS, the Council has received a written petition (the "Petition") from ECRM Residential, Limited Partnership, a Delaware limited partnership, the owner of land within Improvement Area No . 1 (the "Owner"), requesting the institution of proceedings to change the rate and method of apportionment of the special tax levied within the Improvement Area No. 1, to annex certain property to the Community Facilities District for designation to Improvement Area No. 1, to revise certain boundary adjustments between Improvement Area No. 1 and Improvement Area No. 4 and to release a portion of the property from the lien of special taxes, among other change proceedings, pursuant to the Act; and
WHEREAS, the Owner has represented to the Council that the Owner is the owner of 100% of the area of land included within and, by the requested annexation and boundary adjustment, to be included within the boundaries of Improvement Area No. 1; and
WHEREAS, concurrently herewith, the Council, has adopted a resolution of intention to annex territory (the "Additional Territory") to the Community Facilities District and Improvement Area No. 1 therein, to consider the question, following a public hearing, of whether to annex such Additional Territory, and further revisions be made to the Boundary Map (as defined below) to make certain boundary adjustments between Improvement Area No . 1 and Improvement Area No. 4 and to release certain property from the Community Facilities District and Improvement Area No. 1 including from the lien of any special tax therein and references in this Resolution to No. 1 will include the Additional Territory; and

9-38
WHEREAS, there has been filed with the City's City Clerk (the "Clerk") a proposed map entitled "Amended Map of Boundaries of City of Rancho Mirage Community Facilities District No. 5 (Section 31 ), City of Ranch Mirage, County of Riverside, State of California," demonstrating the original boundaries of the Community Facilities District, the four Improvement Areas, boundary adjustments affecting Improvement Area No. 1 and Improvement Area No. 4, and the property to be annexed to the Community Facilities District for designation to Improvement Area No. 1 and property to be released from the Community Facilities District and Improvement Area No. 1 including from the lien of any special tax therein, which map is referred to herein as the "Boundary Map"; and WHEREAS, the proposed revised rate and method of apportionment of the special tax levied within Improvement Area No. 1 including the Additional Territory is included in the Amended and Restated Rate and Method of Apportionment of Special Tax attached to and made a part of this Resolution; and
WHEREAS, the public facilities will assist in mitigating the impact on the public infrastructure systems of the City occasioned by new development that is expected to occur within the boundaries of the territory proposed for inclusion in the Community Facilities District , and each portion of the Community Facilities District proposed to be designated as an Improvement Area, as described in the Boundary Map; and WHEREAS, subdivision (a) of Section 53332 of the Act provides that if a petition signed by the Owner of 25% or more of the land within a community facilities district not exempt from the special tax is filed with the legislative body requesting that proceedings be commenced to change the rate or method of apportionment of an existing special tax, the legislative body shall within 40 days of the payment of the fee determined under subdivision (b) of said Section adopt a resolution of consideration in the form specified in the Act to make those changes within the community facilities district except that an existing special tax being used to pay off any debt incurred shall not be reduced or terminated if doing so would interfere with the timely retirement of that debt; and WHEREAS, the Community Facilities District has incurred no debt including, without limitation, attributable to Improvement Area No. 1; and WHEREAS, the Owner has represented and warranted to the City Council that the Owner is the owner of 100% of the area of land within Improvement Area No . 1 not exempt from the special tax; and
WHEREAS, the Owner has paid a fee in an amount determined by the City Council to be sufficient to compensate the City for all costs incurred in conducting proceedings to change the rate and method of apportionment of the existing special tax levied within Improvement Area No. 1; and
WHEREAS, the City Council desires to commence proceedings pursuant to the Act to change the rate and method of apportionment of the special tax levied within Improvement Area No. 1 and the Additional Territory; and 2 9-39
WHEREAS, the Council is fully advised in this matter.

NOW, THEREFORE, IT IS RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, AS FOLLOWS:

Section 1. Recitals.

That the above recitals are true and correct, and the Council so finds and determines.

Section 2. Petition to Make Specified Changes to Community Facilities District.

That the Council hereby finds that the Petition is signed by the Owner representing and evidencing the requisite percentage of land included in Improvement Area No. 1, as required by Section 53333 of the Act. The Owner has confirms and represents that, to the extent of the impact on each Improvement Area, respectively, similar affirming requests as stated in the Petition by the owners of all of the property within the Improvement Areas of the Community Facilities District, and no opposition to such requests as stated in the Petition among any of such owners including of the property located in Improvement Area No. 2, Improvement Area No. 3, and Improvement Area No. 4, ECRM Commercial, Limited Partnership, a Delaware limited partnership and ECRM Resort Limited Partnership, a Delaware limited partnership, together with the Owner, the owners of land within the Community Facilities District.

That the Council hereby finds that the Petition has been signed by the owner of 25% or more of the land within Improvement Area No. 1 not exempt from the special tax levied within Improvement Area No. 1, as required by Section 53332 of the Act.

Section 3. Boundary Map of Community Facilities District.

That the Council proposes to annex the Additional Territory to Community Facilities District and Improvement Area No. 1 thereof under the terms of the Act and to release certain property from the Community Facilities District including from the lien of any special tax therein. In addition, the Council proposes to make certain boundary adjustments between Improvement Area No. 1 and Improvement Area No. 4. The existing boundaries of the territory of the Community Facilities District are described in the boundary map of the Community Facilities District recorded in the Book of Maps of Assessment and Community Facilities Districts maintained by the County Recorder of the County of Riverside in Book 87 at Page 91 (recorded on November 18, 2021).

A reduced copy of the Boundary Map is attached as Exhibit A hereto, and by this reference is incorporated herein and made a part of this Resolution. The Council finds that the Boundary Map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code and directs the Clerk to certify the adoption of this Resolution on the face of the Boundary Map. Reference is made to the Boundary Map for further particulars. The Clerk is further directed to record, or cause to be recorded, the Boundary Map in the office of the Riverside County Recorder within fifteen 3 9-40
(15) days of the date of adoption of this Resolution, all as required by Section 3111 of the California Streets and Highways Code.

Section 4. Name of Community Facilities District and Improvement Areas.

That the name of the Community Facilities District is '"'City of Rancho Mirage Community Facilities District No. 5 (Section 31)." The Improvement Areas designated within the Community Facilities District are "Improvement Area No. 1 of City of Rancho Mirage Community Facilities District No. 5 (Section 31 )," "Improvement Area No. 2 of City of Rancho Mirage Community Facilities District No. 5 (Section 31)," "Improvement Area No. 3 of City of Rancho Mirage Community Facilities District No. 5 (Section 31)" and "Improvement Area No. 4 of City of Rancho Mirage Community Facilities District No . 5 (Section 31 )."
Section 5. Facilities to be Financed.

That the public facilities (the "Facilities") provided pursuant to the Act in the Community Facilities District and Improvement Area No . 1 thereof and proposed to be provided in the Additional Territory are described under the caption "Facilities" in Exhibit A to Resolution No. 2021-57, entitled "A Resolution of the City Council of the City of Rancho Mirage of Formation of City of Rancho Mirage Community Facilities District No. 5 (Section 31 ), Designating Improvement Areas Within the District, Authorizing the Levy of a Special Tax Within each Improvement Area and Establishing an Appropriations Limit for each Improvement Area ," adopted by the City Council on December 16, 2021 (the "Resolution of Formation"), which is by this reference incorporated herein . They are public facilities that the City or other public agencies or utilities, or private facilities that publicly-regulated utilities, are authorized by law to construct, own or operate, or to which they may contribute revenue and/or improvements on private property that are deemed to constitute a "public facility" eligible for acquisition under the Acquisition Agreement as amended, and that are necessary to meet increased demands placed upon the City or other public agencies or utilities as a result of development occurring and anticipated to occur within the Community Facilities District. The Facilities will be available to and will benefit owners within the Community Facilities District and Improvement Area No. 1 thereof and the proposed Additional Territory without preference or priority, and, as such is the case, no specific plan for sharing facilities as contemplated by Section 53339.3 of the Act is necessary.

Section 6. Costs of Financing Facilities.

That the cost of financing the acquisition and construction of the Facilities includes incidental expenses for the Facilities comprising the costs of planning and designing the Facilities, together with the costs of environmental evaluations thereof, and all costs 4 9-41
associated with the creation of the Community Facilities District, the issuance of one or more series of bonds for the Improvement Areas, the determination of the amount of any special taxes or the collection or payment of any special taxes and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District, together with any other expenses incidental to the acquisition and construction of the Facilities (collectively, the "Incidental Expenses"). A representative list of Incidental Expenses proposed to be incurred are set forth under the caption "Incidental Expenses" in Exhibit B to the Resolution of Formation, which by this reference is incorporated herein and made a part of this Resolution.

Section 7. Continuing Lien.

That upon recordation of the appropriate Notice of Special Tax Lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property within Improvement Area No. 1 as specified in the Notice of Special Tax Lien, and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien is cancelled in accordance with law, or until levy of the Special Tax by the Council ceases.

Section 8. Levy of Special Tax.

That it is the intention of the Council that , except where funds are otherwise available, a special tax (the "Special Tax") shall be annually levied within each Improvement Area, including Improvement Area No. 1 sufficient to finance the acquisition and construction of the Facilities, including but not limited to the payment of interest on and principal of any bonded indebtedness of the Community Facilities District to be paid for by the Improvement Areas including, Improvement Area No. 1, to be issued to finance the acquisition and construction of the Facilities ; the repayment of funds advanced by the City for the Community Facilities District and including the repayment under any agreement (which shall not constitute a debt or liability of the City) of advances of funds or reimbursement for the lesser of the value or cost of work in-kind provided by any person for Improvement Area No. 1.

Except where funds are otherwise available, the Special Tax levied within Improvement Area No . 1 sufficient to pay for all Facilities, secured by recordation of a continuing lien against all nonexempt real property in Improvement Area No. 1, will be annually levied within Improvement Area No. 1 pursuant to the Restated Rate and Method described below.

Section 9. Rate and Method of Apportionment.

That the proposed changes to the rate and method of apportionment of the special tax levied within Improvement Area No. 1 are reflected in the Amended and Restated Rate and Method of Apportionment of Special Tax (the "Restated Rate and Method") attached hereto as Exhibit B, which is by this reference incorporated herein. The Restated Rate and Method allows each landowner within Improvement Area No. 1 to estimate the maximum amount that may be levied against each parcel. The conditions under which 5 9-42
the obligation to pay the Special Tax for Improvement Area No. 1 may be prepaid and permanently satisfied are specified in the Restated Rate and Method.

If the Special Taxes of Improvement Area No. 1 are levied against any parcel used for private residential purposes: (i) the maximum Special Tax rate shall not be increased except to the extent permitted in the Restated Rate and Method; (ii) such Special Tax shall not be levied later than the fiscal year specified in the Rate and Method; and (iii) under no circumstances shall such Special Tax in Improvement Area No. 1 be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within Improvement Area No. 1 by more than ten percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. For purposes of this paragraph, a parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit for private residential use is issued.

Section 10. Appropriations Limit.

Section 11. Public Hearing.

That the Council hereby fixes Thursday, October 19, 2023, at 1 :00 p.m., or as soon thereafter as the Council may reach the matter, in the Council Chambers at 69825 Highway 111, Rancho Mirage, California, as the time and place when and where the Council will conduct a public hearing on the proposed changes to the rate and method of apportionment of the special tax levied within Improvement Area No. 1. At the public hearing, any persons interested, including all taxpayers, property owners and registered voters within Improvement Area No. 1, may appear and be heard, and the testimony of all interested persons or taxpayers for or against such proposed changes will be heard and considered.

Section 12. Special Election.

The changes to the rate and method of apportionment of the special tax levied within Improvement Area No. 1 shall be subject to the approval of the qualified electors of Improvement Area No. 1 at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballots among the landowners in Improvement Area No. 1, with each owner having one vote for each acre or portion of an acre such owner owns in Improvement Area No . 1.

Section 13. Notice of Public Hearing.

That notice of the time and place of the public hearing shall be given by the Clerk in the following manner:
6 9-43
(a) A Notice of Public Hearing in the form required by the Act shall be published once in THE DESERT SUN, a newspaper of general circulation published in the area of the Community Facilities District, pursuant to Section 6061 of the Government Code of the State of California and shall be completed at least seven (7) days prior to the date set for such public hearing;
(b) A Notice of Public Hearing in the form required by the Act shall be mailed, first class postage prepaid, to each owner of land, and to each registered voter residing, within the boundaries of Improvement Area No. 1 (to property Owner at their addresses as shown on the last equalized assessment roll, and to registered voters at their addresses as shown on the records of the Riverside County Registrar of Voters, or in either case as otherwise known to the Clerk). The mailing shall be completed at least 7 days prior to the date set for the public hearing; and
(c) The Notice shall contain the information prescribed by Section 53335 of the Act.

Section 14. Further Actions and Ratification of Prior Actions.

All actions heretofore taken by the officers, employees and agents of the City with respect to the proposed changes to the rate and method of apportionment of the special tax levied within Improvement Area No. 1, or in connection with or related to any of the documents referred to herein, are hereby approved, confirmed and ratified.

Section 15. Severability.

Section 16. Headings.

That headings of sections herein are solely for convenience of reference and shall not affect the meaning, construction or effect hereof.

Section 17. Repeal of Conflicting Provisions.

That this Resolution shall take effect immediately upon its adoption.

Section 19. Certification.

That the Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
8 9-45
PASSED, APPROVED AND ADOPTED on September 7, 2023.

Richard W. Kite, Mayor
ATTEST:

Kristie Ramos, City Clerk
APPROVED AS TO FORM:

Steven B. Quintanilla, City Attorney
9 9-46
EXHIBIT "A"

CITY OF RANCHO MIRAGE COMMUNITY FACILITIES
DISTRICT NO. 5 (SECTION 31) BOUNDARY MAP
(SEE ATTACHED)

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SHEET 1 OF 2

VIC INITY MAP
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AMENDED MAP OF BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 5 (SECTION 31)
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Legend
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1~-~ ~ RANCH O MIRAGE

CITY OF RANCHO MIRAGE

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
(This map amends , by adjusting lot lines shown hereon , the boundary map for City of Rancho Mirage Commun ity Facil ities District Na . 5 (Section 31), City of Rancho Mirage , Riverside County, State of California, prior recorded at Book 87 of Maps of Assessment and Community Facilities Districts at page 91 , in the office of the County Recorder far the County of Riverside , State of Cal iforn ia.) 11 , GERALD FORD DR
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FILED IN THE OFFICE OF THE CITY CLERK THIS ____ DAY OF---~ 20_.

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING AMENDED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO . 5 (SECTION 31), CITY OF RANCHO MIRAGE,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY

COUNCIL OF THE CITY OF RANCHO MIRAGE AT A REGULAR MEETING THEREOF, HELD ON THE----~ DAY OF----~ 20 , BY ITS RESOLUTION
NO .________ -

CITY CLERK

CITY OF RANCHO MIRAGE
~-~i~~IS .M. IN BOOKD_A_v_o_F ~O~F7MA=Ps~O~F A~S~~SS~~;J:/~~~~~~~-U-NI-TY-FA_C_I_LI_ll_ES DISTRICTS AT PAGE(S) __ , IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.

PETER ALDANA, ASSESSOR-COUNTY CLERK-RECORDER

BY DEPUTY

COUNTY RECORDER

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA

REFERENCE IS MADE TO THAT BOUNDARY MAP OF THE COMMUNITY FACILITIES DISTRICT NO . 5 (SECTION 31) OF THE CITY OF RANCHO MIRAGE RECORDED WITH THE RIVERSIDE COUNTY RECORDER'S OFFICE ON NOVEMBER 18, 2021 IN BOOK 87 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, PAGE 91 AS INSTRUMENT NO . 2021-0688340.

THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS DIAGRAM SHALL

BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR THOSE PARCELS LISTED .

THE RIVERSIDE COUNTY ASSESSOR'S MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS .

MAP REFERENCE ASSESSOR'S PARCEL

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Detail "A"

AMENDED MAP OF BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 5 (SECTION 31)

CITY OF RANCHO MIRAGE

COUNTY OF RIVERS IDE

STATE OF CALIFORNIA
For additional detail on the lots and dimension of parcels shown, reference is made to Tract Map No. 38291 recorded on July 12 , 2023 as document number 2023-0202826 . Additional reference is made to Lot Line Adjustment No. 22-03 recorded as document number 2023-0073712 on March 14, 2023 and Lot Line Adjustment No. 23-01 recorded as document number 2023- 0131666 on May 8, 2023.

SHEET 2 OF 2
Legend
j::: :I Improvement Area No . 1 to Improvement Area No . 4 c;__--;;i Improvement Area No. 1 to N.A. P.
[!TI N.A.P. to Improvement Area No. 1
c:sJ Remains in Improvement Area No. 1
IZZI Remains in Impro vement Area No. 4
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Detail "B"
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9-49
EXHIBIT "B"

AMENDED AND RESTATED RA TE AND

METHOD OF APPORTIONMENT OF SPECIAL TAX
(SEE ATTACHED)

9-50

AMENDED AND RESTATED RATE

AND METHOD OF

APPORTIONMENT OF SPECIAL TAX

CITY OF RANCHO MIRAGE
COMMUNITY FACILITIES DISTRICT NO. 5 (SECTION 31)
IMPROVEMENT AREA NO. 1
A Special Tax shall be levied on all Taxable Property within the boundaries of the City of Rancho Mirage Community Facilities District No. 5 (Section 31) Improvement Area No. 1 ("CFD No. 5 IA 1 ") and collected each Fiscal Year commencing in Fiscal Year 2022-23, in an amount determined by the CFD Administrator through the application of the procedures described below.

All of the real property within CFD No. 5 IA 1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

1. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Map. An Acre means 43,560 square feet ofland. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs related to the administration of CFD No. 5 IA 1 including, but not limited to : the costs of preparing and computing the Special Tax (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City , the County or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 5 IA 1, or any designee thereof complying with arbitrage rebate requirements , including without limitation rebate liability costs and periodic rebate calculations; the costs to the City, CFD No. 5 IA 1, or any designee thereof complying with disclosure or reporting requirements of the City or CFD No. 5 IA 1, associated with applicable federal and State laws; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs to the City, CFD No. 5 IA 1, or any designee thereofrelated to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 5 IA 1 for any other administrative purposes of CFD No. 5 IA 1, including attorney's fees and other costs related to commencing and pursuing any foreclosure of delinquent Special Taxes.
"Apartment Unit" means a for-rent Residential Unit located on an Assessor's Parcel of Multi- Family Property.

9-51
"Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a Building Permit has not been issued on or prior to the May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor" means the Assessor of the County of Riverside. "Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number.
"Assessor's Parcel Map" means an official map of the Assessor designating parcels by Assessor's Parcel Number.
"Assessor's Parcel Number" means the number assigned to an Assessor's Parcel by the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section 3.A below. "Backup Special Tax" means the Special Tax of that name described in Section 3.B below. "Bonds" means any bonds or other Debt of CFD No. 5 IA 1, whether in one or more series, secured by the levy of Special Taxes.
"Building Permit" means a building permit for construction of a Residential Unit or non- residential structure within CFD No. 5 IA 1 issued by the City. "Building Square Footage" means (i) for Residential Property, all of the square footage of usable area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, or similar area and (ii) for Non-Residential Property, all of the square footage within the interior of a non-residential building. The determination of Building Square Footage shall be made by reference to the Building Permit(s) issued for such Assessor's Parcel and/or by reference to appropriate records kept by the City.
"Calendar Year" means the period commencing January 1st of any year and ending the following December 31.
"CFD Administrator" means an authorized representative of the City, or designee thereof, responsible for determining the Special Tax Requirement, for preparing the Special Tax roll and/or calculating the Backup Special Tax.
"CFD No. 5 IA 1" means the City of Rancho Mirage Community Facilities District No. 5 (Section 31) Improvement Area No. 1
"City" means the City of Rancho Mirage, California.
"Club Property" means (i) Lot Numbers 178 through 183 inclusive, and 186 of Tract Map No. 38291 in the City of Rancho Mirage, County of Riverside recorded on July 12, 2023 as Instrument No. 2023-0202826 and (ii) all Assessor's Parcels within CFD No 5 IA 1 owned in fee by a private entity which is not a homeowner, exclusive of Property Owner Association Property, and which consists of one or more buildings and/or recreation areas used to support operations of the private club. If at any time either (a) Residential Units or (b) non-residential facilities not being used by members of the private club nor to support operations of the private club, are constructed on an Assessor's Parcel classified as Club Property, such Assessor's Parcel will no longer be classified as Club Property, but will be classified as either Residential Property, Commercial Property, Hotel 2 9-52
Property or Other Non-Residential Property, as applicable, and subject to the levy of the Special Taxes accordingly.
"Commercial Property" means Assessor's Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more non-residential facilities which is primarily used for: the sale of general merchandise, hard goods, personal services, and other items directly to consumers, or other uses that are consistent with commercial or retail land use designations, as determined by the City.
"Council" means the City Council of the City acting as the legislative body of CFD No. 5 IA 1 under the Act.
"County" means the County of Riverside, California.
"Debt" means any binding obligation to pay or repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts.
"Debt Service" means for each Fiscal Year, the total amount of principal and interest payable on any Outstanding Bonds during the Calendar Year commencing on January 1st of such Fiscal Year. "Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of Provisional Property, for which a Building Permit was issued prior to May 1st of the previous Fiscal Year. An Assessor's Parcel classified as Developed Property but for which the Building Permit that caused such Assessor's Parcel to be classified as Developed Property has been cancelled and/or voided prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified as Approved Property, provided that the levy of the Special Tax after such reclassification shall not be less than

1.1 times the annual Debt Service less Administrative Expenses on all Outstanding Bonds. If Bonds have not been issued, an Assessor's Parcel classified as Developed Property for which such a Building Permit has been cancelled and/or voided shall be reclassified as Approved Property. "Exempt Property" means for each Fiscal Year, all Assessor's Parcels designated as being exempt from Special Taxes pursuant to Section 8 below.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without further subdivision. "Fiscal Year" means the period starting on July 1 and ending the following June 30. "Hotel Property" means Assessor's Parcels of Developed Property for which a Building Permit has been issued permitting the construction of a non-residential structure that constitutes a place of lodging providing sleeping accommodations and related facilities for travelers. Residential Units for which the owner may have the option to rent as part of a resort or hotel brand rental program shall not be considered Hotel Property but shall be considered Single Family Property taxed accordingly.
"Hotel Room" means a room or suite available for overnight lodging located on an Assessor's Parcel of Hotel Property.
3 9-53
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Table 1 under Section 3 below. "Lot" means a parcel created by a Final Map on which one or more Residential Units and/or non- residential buildings may be constructed.
"Maximum Special Tax" means for each Assessor's Parcel, the maximum Special Tax, determined in accordance with Sections 3.C and 3.D below, which may be levied in a given Fiscal Year on such Assessor's Parcel of Taxable Property.
"Multi-Family Property" means all Assessor's Parcels of Residential Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing one or more non-residential units or facilities.
"Other Non-Residential Property" means all Assessor's Parcels of Non-Residential Property which are not classified as Commercial Property or Hotel Property. "Outstanding Bonds" means all Bonds, which are deemed to be outstanding under the Indenture. "Prepayment Amount" means the amount required to prepay the Special Tax Obligation in full for an Assessor's Parcel as described in Section 6.A below. "Property Owner Association Property" means any Assessor's Parcel within the boundaries of CFD No. 5 IA 1 owned in fee by a property owner association, including any master or sub- association.
"Proportionately" or "Proportionate" means for Developed Property, that the ratio of the actual Special Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal for all Assessor's Parcels of Developed Property. For Approved Property or Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of Approved Property or Undeveloped Property. "Proportionately" may similarly be applied to other categories of Taxable Property as listed in Section 4 below.
"Provisional Property" means all Assessor's Parcels of Public Property, Property Owner Association Property, Club Property or property that would otherwise be classified as Exempt Property pursuant to the provisions of Section 8 but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage as set forth in Section 8.
"Public Property" means any property within the boundaries of CFD No. 5 IA 1, which is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. 4 9-54
"Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing one or more Residential Units. "Residential Unit" means each separate residential dwelling unit that comprises an independent facility capable of conveyance or rental, separate from adjacent residential dwelling units. "Single Family Attached" means all Assessor's Parcels of Single Family Property for which building permits have been or will be issued for a Residential Unit that shares an interior wall with another Residential Unit.
"Single Family Detached" means all Assessor's Parcels of Single Family Property not classified as Single Family Attached.
"Single Family Property" means all Assessor's Parcels of Residential Property not classified as Multi-Family Property.
"Special Tax" means any special tax levied within CFD No. 5 IA 1 pursuant to the Act and this Rate and Method of Apportionment of Special Tax.
"Special Tax Obligation" means the total obligation of an owner of an Assessor's Parcel of Taxable Property to pay the Special Tax for the remaining life of CFD No. 5 IA 1. "Special Tax Requirement" means that amount required in any Fiscal Year to: (i) pay regularly scheduled Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) accumulate funds to pay directly for acquisition or construction of facilities, provided that the inclusion of such amount does not cause an increase in the Special Tax to be levied on Approved Property, Undeveloped Property, or Provisional Property, until the date that all Bonds have been issued; and (vi) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (vii) a credit for funds available to reduce the Special Tax levy, as determined by the CFD Administrator pursuant to the Indenture.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 5 IA 1, which are not exempt from the levy of the Special Tax pursuant to law or Section 8 below. "Trustee" means the trustee or fiscal agent under the Indenture. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Approved Property or Provisional Property. "Waterfront Property" means Residential Property within Zone 3 classified as Single Family Attached and which include separate Residential Units stacked above one another two or more levels high.
"Zone" means either Zone 1, Zone 2 or Zone 3.
"Zone 1" means the separate geographic area within CFD No. 5 IA 1 that is designated as Zone 1 on the Exhibit A attached hereto.
5 9-55
"Zone 2" means the separate geographic area within CFD No. 5 IA 1 that is designated as Zone 2 on the Exhibit A attached hereto.
"Zone 3" means the separate geographic area within CFD No. 5 IA 1 that is designated as Zone 3 on the Exhibit A attached hereto.

2. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2022-23, each Assessor's Parcel within CFD No. 5 IA 1 shall be classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further be classified as Developed Property, Approved Property, Undeveloped Property or Provisional Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below. Furthermore, each Assessor's Parcel of Devel oped Property shall be classified Residential Property or Non-Residential Property. Each Assessor's Parcel of Residential Property shall be further classified as Single Family Detached, Single Family Attached or Waterfront Property and shall be assigned a corresponding Land Use Class based on its Building Square Footage. Each Assessor's Parcel of Non-Residential Property shall be further classified as Commercial Property, Hotel Property or Other Non-Residential Property and shall be assigned to the corresponding Land Use Class.

Land
Use
Class
1 2
3 4
5 6
Table 1
Assigned Special Tax Rates -Fiscal Year 2022-23
Zone 1, Zone 2 & Zone 3
Building Fiscal Year 2022-
Land Use Type 23 Assigned Square Footage Special Tax
Single Family Detached > 5,900 $11,383 per
Residential Unit
Single Family Detached 5,701 -5,900 $11,077 per
Residential Unit
Single Family Detached 5,501 -5,700 $10,770 per
Residential Unit
Single Family Detached 5,301 -5,500 $10,463 per
Residential Unit
Single Family Detached 5,101 -5,300 $9,994 per
Residential Unit
Single Family Detached 4,901 -5,100 $9,525 per
Residential Unit
6 9-56
4,7 01 -4,900 $9,025 per 7 Single Family Detached Residential Unit 4,501 -4,700 $8,758 per
8 Single Family Detached Residential Unit
4,301 -4,500 $8,490 per
9 Single Family Detached Residential Unit
4,101 -4,300 $7,922 per 10 Single Family Detached Residential Unit 3,901 -4,100 $7,382 per
11 Single Family Detached Residential Unit
3,70 1 -3,900 $7,107 per
12 Single Family Detached Residential Unit
3,50 1 -3,700 $6,832 per
13 Single Family Detached Residential Unit
3,301 -3,500 $5,907 per 14 Single Family Detached Residential Unit 3,10 1 -3,300 $5,568 per 15 Single Family Detached Residential Unit 2,901 -3,100 $5,168 per 16 Single Family Detached Residential Unit 2,70 1 -2,900 $4,9 18 per 17 Single Family Detached Residential Unit 2,501 -2,700 $4,600 per 18 Single Family Detached Residential Unit 2,300 -2,500 $4,053 per 19 Single Family Detached Residential Unit 2,101 -2,300 $3,685 per 20 Single Family Detached Residential Unit 1,901 -2,100 $3,310 per
21 Single Family Detached Residential Unit
:S 1,900 $2,928 per 22 Single Family Detached Residential Unit > 2,050 $3,442 per 23 Single Family Attached Residential Unit 1,85 1 -2,050 $3,207 per 24 Single Family Attached Residential Unit 1,65 1 -1,851 $2,896 per
25 Single Family Attached Residentia l Unit
1,451 -1,650 $2,539 per
26 Single Family Attached Residential Unit
:S 1,450 $2,167 per 27 Single Family Attached Residential Unit > 2,050 $4,131 per 28 Waterfront Property Residential Unit 1,851 -2,050 $3,848 per
29 Waterfront Property Residential Unit
7 9-57
30 Waterfront Property 1,651 -1,851 $3,475 per
Residential Unit
31 Waterfront Property 1,451 -1,650 $3,047 per
Residential Unit
32 Waterfront Property :S 1,450 $2,601 per
Residential Unit
33 Multi-Family Property NA $500 per
Apartment Unit
34 Hotel Property NA $300 per Hotel
Room
35 Commercial Property >O $3 .00 per Building
Square Footage
36 Other Non-Residential Property >O $3 .00 per Building Square Footage
B. Backup Special Tax for Developed Property
The Backup Special Tax for Developed Property shall be an amount per Acre for each Zone as shown in Table 2 below.

Table 2
Backup Special Tax Rates -Fiscal Year 2022-23
Fiscal Year 2022-23
Zone Backup
Special Tax
Zone 1 $17,460 per Acre
Zone 2 $20,449 per Acre
Zone 3 $51,201 per Acre
For the purpose of calculating the Backup Special Tax, the Acreage applicable to Assessor's Parcels of Single Family Property created by recordation of a condominium plan shall be computed from the Acreage of the Lot on which the Residential Unit is located, with the Acreage for such Lot allocated equally among all of the Residential Units located or to be located on such Lot.

In some instances, an Assessor's Parcel may contain both Undeveloped Property and Developed Property. Furthermore, Developed Property may contain more than one Land Use Class. In such cases, the Acreage of the Assessor's Parcel shall be allocated between Developed Property and Undeveloped Property based on the portion of the Assessor's Parcel for which Building Permits had been issued prior to May 1st of the prior Fiscal Year and the portion of the Assessor's Parcel for which Building Permits had not been issued 8 9-58
prior to May 1st of the prior Fiscal Year. The Acreage that is considered Developed Property shall be allocated between Residential Property and Non-Residential Property based on the site plan or similar document or exhibit as reasonably determined by the CFD Administrator. The Maximum Special Tax that can be levied on such Assessor's Parcel shall be the sum of the Maximum Special Tax that can be levied on each type of property located on that Assessor 's Parcel.

D. Maximum Special Tax for Provisional Property, Approved Property and Undeveloped Property
The Maximum Special Tax for Provisional Property , Approved Property , and Undeveloped Property shall be an amount per Acre for each Zone as shown in Table 3 below.

Table 3
Maximum Special Tax Rates -Fiscal Year 2022-23
Provisional Property, Approved Property, and Undeveloped Property Fiscal Year 2022-23
Zone Maximum
Special Tax
Zone 1 $17 ,460 per Acre
Zone 2 $20 ,449 per Acre
Zone 3 $51,201 per Acre
E. Increases in the Assigned Special Tax, Backup Special Tax and Maximum Special Tax
On each July 1, commencing with July 1, 2023, the Assigned Special Tax, Backup Special Tax and Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year. On July 1, 2033 , and July 1 of each subsequent Fiscal Year, the Assigned Special Tax, Backup Special Tax and Maximum Special Tax shall not increase from the amount in effect for the previous Fiscal Year.

F. Decreases in the Special Taxes
Prior to the issuance of the first series of Bonds , the owner of not less than 100% of the Taxable Property within the CFD No. 5 IA 1 may elect to reduce the Maximum Special Taxes for Developed Property, Approved Property, Undeveloped Property and Provisional Property , including the Assigned Special Tax and Backup Special Tax applicable to Developed Property , by written request to the City or the CFD Administrator. The requested reduction must be acceptable to CFD No. 5 IA 1 and consistent with the Act. In the event of a Special Tax reduction pursuant to this Section 3.F., the CFD Administrator shall cause a notice of the reduced Maximum Special Tax to be recorded pursuant to the Act. Upon recordation of such notice, the reduction to the Maximum Special Tax shall be permanent.
9 9-59

4. METHOD OF APPORTIONMENT
For each Fiscal Year, commencing Fiscal Year 2022-23, the CFD Administrator shall levy the Special Tax on all Taxable Property in accordance with the following steps:

Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased as a result of a delinquency or default in the payment of the Special Tax applicable to any other Assessor's Parcel within CFD No. 5 IA I by more than ten percent (10%) above what would have been levied in the absence of such delinquencies or defaults.

6. PREPAYMENT OF SPECIAL TAX OBLIGATION
A. Prepayment in Full
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Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the CFD No. 5 IA 1 as permitted under Government Code Section 53344.

The following definitions apply to this Section 6:
"CFD Public Facilities Costs" means $60,000,000 or such lower number as (i) shall be determined by the CFD Administrator as sufficient to acquire or construct the facilities to be financed under the Act and financing program for CFD No. 5 IA 1, or (ii) shall be determined by the Council concurrently with a covenant that it will not issue any more Bonds ( except refunding bonds).
"Construction Fund" means the fund (regardless of its name) established pursuant to the Indenture to hold funds , which are currently available for expenditure to acquire or construct the facilities or pay fees authorized to be funded by CFD No. 5 IA 1. "Future Facilities Costs" means the CFD Public Facilities Costs minus (i) costs previously paid from the Construction Fund to acquire or construct the facilities, (ii) monies currently on deposit in the Construction Fund, and (iii) monies currently on deposit in an escrow or other designated fund that are expected to be available to finance CFD Public Facilities Costs.
"Outstanding Bonds" means all Previously Issued Bonds, which remain outstanding as of the first interest and/or principal payment date following the current Fiscal Year excluding Bonds to be redeemed at a later date with proceeds of prior Special Tax prepayments.
"Previously Issued Bonds" means all Bonds that have been issued prior to the date of prepayment.

The Special Tax Obligation applicable to an Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property, or Provisional Property may be prepaid and the obligation to pay the Special Tax for such Assessor's Parcel permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor 's Parcel at the time of prepayment. An owner of an Assessor's Parcel eligible for prepayment of the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to prepay and designate or identify the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the Prepayment Amount for such Assessor's Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. Prepayment must be made at least 60 days prior to any redemption date for the CFD No. 5 IA 1 Bonds to be redeemed with the proceeds of such prepaid Special Taxes , unless a shorter period is acceptable to the Trustee and the City.

Administrative Fees and Expenses
Reserve Fund Credit
Capitalized Interest Credit
Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Parcel.

3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the estimated total amount of Special Taxes that could be levied at build out of all Assessor's Parcels of Taxable Property based on the applicable Maximum Special Tax for all such Assessor's Parcels of Taxable Property not including any Parcels for which the Special Tax Obligation has been previously prepaid.

5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any , on the Outstanding Bonds to be redeemed (the "Redemption Premium").

6. Determine the Future Facilities Costs.

9. Determine the Special Taxes levied on the Assessor 's Parcel in the current Fiscal Year which have not yet been paid.
12 9-62

10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the "Defeasance Amount").
12 . Verify the administrative fees and expenses associated with the prepayment , including the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds , and the cost of recording notices to evidence the prepayment of the Special Tax Obligation for the Assessor's Parcel and the redemption of Outstanding Bonds (the "Administrative Fees and Expenses").
13 . The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero .
14 . If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit").

15. The amount to prepay the Special Tax Obligation is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit and the Capitalized Interest Credit.

The Prepayment Amount, the Bond Redemption Amount, the Redemption Premium , and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make Debt Service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD No. 5 IA 1.

The Prepayment Amount may be sufficient to redeem an amount other than a $5 ,000 increment of Bonds. In such cases , the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to redeem Bonds with the next prepayment of a Special Tax Obligation.

The CFD Administrator will confirm that all previously levied Special Taxes have been paid in full. With respect to any Assessor's Parcel for which the Special Tax Obligation is prepaid in full, 13 9-63
once the CFD Administrator has confirmed that all previously levied Special Taxes have been paid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of the owner of such Assessor's Parcel to pay the Special Tax shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes that may be levied on Taxable Property , less Administrative Expenses, after the proposed prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year.

B. Partial Prepayment
The Special Tax Obligation for an Assessor's Parcel of Developed Property , Approved Property, Undeveloped Property, or Provisional Property may be partially prepaid. The amount of the prepayment shall be calculated as in Section 6.A.; except that a partial prepayment shall be calculated according to the following formula:
pp= (PE-A) X F+A
These terms have the following meaning:

PP = the partial prepayment
PE= the Prepayment Amount calculated according to Section 6.A F = the percentage by which the owner of the Assessor's Parcel(s) is partially prepaying the Special Tax Obligation
A = the Prepayment Administrative Fees and Expenses from Section 6.A The owner of any Assessor 's Parcel who desires such partial prepayment shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Special Tax Obligation, (ii) the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax Obligation for an Assessor's Parcel within sixty (60) days of the request and may charge a reasonable fee for providing this service.

Notwithstanding the foregoing, no partial prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes that may be levied on Taxable Property, less Administrative Expenses, after the proposed partial prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year.

7. TERM OF SPECIAL TAX
14 9-64
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement, provided that the Special Tax shall not be levied after Fiscal Year 2064-65. The Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined that all required interest and principal payments on CFD No. 5 IA 1 bonds have been paid .

8. EXEMPTIONS
The CFD Administrator shall classify as Exempt Property (i) Assessor 's Parcels of Public Property, (ii) Assessor's Parcels of Property Owner Association Property, or (iii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, and (v) Assessor's Parcels classified as Club Property as determined reasonably by the CFD Administrator, provided that no such classification would reduce the sum of all Taxable Property in a Zone below the amount of Acreage shown for such Zone in Table 4 below.

Table 4
Minimum Acreage of Taxable Property
Zone Minimum Acreage of
Tax able Property
Zone 1 36.22 Acres
Zone 2 62 .83 Acres
Zone 3 33.42 Acres
Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the sum of all Taxable Property within a Zone to less than the amount indicated for such Zone in Table 4 shall be classified as Provisional Property and will continue to be subject to the Special Taxes accordingly. Tax exempt status for the purpose of this paragraph will be assigned by the CFD Administrator for each Zone in the chronological order in which property becomes eligible for classification as Exempt Property.

If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in the first paragraph of Section 8 above that would make such Assessor's Parcel eligible to be classified as Exempt Property , such Assessor's Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.

9. APPEALS
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or her Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error not later than thirty-six (36) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, then the CFD Administrator shall take any of the following actions, in order of priority, in order to correct the error:
(i) Amend the Special Tax levy on the landowner's Assessor's Parcel(s) for the current Fiscal Year prior to the payment date,
15 9-65
(ii) Require the CFD to reimburse the landowner for the amount of the overpayment to the extent of available CFD funds, or
(iii) Grant a credit against, eliminate or reduce the future Special Taxes on the landowner's Assessor's Parcel(s) in the amount of the overpayment.

If following such consultation and action by the CFD Administrator the landowner believes such error still exists , such person may file a written notice of appeal with the Council. Upon the receipt of such notice, the Council or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. If the Council or designee determines an error still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and (iii) above, in order of priority, in order to correct the error.

The Council or designee thereof shall interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguities and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the Council or designee shall be final.
16 9-
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Zone De scriptions
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37856 77 37856 147 37856 218 37856 289 37856 AS
37856 78 37856 148 37856 219 37856 290 37856 AT
37856 79 37856 149 37856 220 37856 291 37856 AU
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9-68
Exhibit A
CITY OF RANCHO MIRAGE CFO NO. 5 (SECTION 31)
Zone Descriptions
ZONE3 I Map No, I Lot No. I Map No , I Lot No . I Map No, I Lot No. I Map No , I Lo t No . 38291 38291 72 38291 143 38291 AB
38291 38291 73 38291 144 382 91 AC
38291 38291 74 38291 145 38291 AD
38291 4 38291 75 38291 146 38291 AE
38291 5 38291 76 38291 147 38291 AF
38291 38291 77 38291 148 38291 AG
38291 7 38291 78 38291 149 38291 AH
38291 8 38291 79 38291 150 38291 Al
38291 9 38291 80 38291 151 38291 AJ
38291 10 38291 81 38291 152 38291 AK
38291 11 38291 82 38291 153 38291 AL
38291 12 38291 83 38291 154 38291 AM
38291 13 38291 84 38291 155 38291 AN
38291 14 38291 85 38291 156 38291 AO
38291 15 38291 86 38291 157 38291 AP
38291 16 38291 87 38291 158 38291 AQ
38291 17 38291 88 38291 159 38291 AR
38291 18 3829 1 89 38291 160 38291 AS
38291 19 38291 90 38291 161 38291 AT
38291 20 38291 91 38291 162 38291 AU
38291 21 38291 92 38291 163 38291 AV
38291 22 38291 93 38291 164
38291 23 38291 94 38291 165
38291 24 3829 1 95 38291 166
38291 25 38291 96 38291 167
38291 26 38291 97 38291 168
38291 27 38291 98 38291 169
38291 28 38291 99 38291 170
38291 29 38291 100 38291 171
38291 30 38291 101 38291 172
38291 31 38291 102 38291 173
38291 32 38291 103 38291 174
38291 33 38291 104 38291 175
38291 34 38291 105 38291 176
38291 35 38291 106 38291 177
38291 36 38291 107 38291 178
38291 37 38291 108 38291 179
38291 38 38291 109 38291 180
38291 39 38291 110 38291 181
38291 40 38291 111 38291 182
38291 41 38291 112 38291 183
38291 42 38291 113 38291 184
38291 43 38291 114 38291 185
38291 44 3829 1 115 38291 186
38291 45 38291 116 38291 A
38291 46 38291 117 38291 B
38291 47 38291 118 38291 C
38291 48 38291 119 38291 D
38291 49 38291 120 38291
38291 50 38291 121 38291 F
3829 1 51 38291 122 38291 G
38291 52 38291 123 38291 H
38291 53 38291 124 38291
38291 54 38291 125 38291
38291 55 38291 126 38291 K
38291 56 38291 127 38291 L
38291 57 38291 128 38291 M
38291 58 38291 129 38291 N
38291 59 38291 130 38291 0
38291 60 38291 131 38291 p
38291 61 38291 132 38291 Q
38291 62 38291 133 38291 R
38291 63 38291 134 38291 s
38291 64 38291 135 38291 T
38291 65 3829 1 136 38291 u
38291 66 38291 137 38291 V
38291 67 38291 138 38291 w
38291 68 38291 139 38291 X
38291 69 38291 140 38291
38291 70 38291 141 38291
38291 71 38291 142 38291 AA

9-69
ATTACHMENT 2

AMENDED RMA, CFO BOUNDARY MAP
(SEE ATTACHED)

9-
7 0
SHEET 1 OF 2 V I CINITY MAP
: -: ' ~· ,· AMENDED MAP OF BOUNDARIES OF
~ _(_~ . .::-.... . -~,\ ..:-," COMMUNITY FACILITIES DISTRICT NO. 5 (SECTION 31) ' ,,
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Legend
__ CFO Boundary
Legend

CITY OF RANCHO MIRAGE

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
(This map amends, by adjusting lot lines shown hereon , the boundary map for City of Rancho Mirage Community Facilities District No. 5 (Section 31 ), City of Rancho Mirage , Riverside County, State of California, prior recorded at Book 87 of Maps of Assessment and Community Facilities Districts at page 91 , in the office of the County Recorder for the County of Riverside , State of California .) c::J CFO Boundary GERALD FORD DR
I---, RANC HO MIRAGE I 11 ------~
---~ ' ' " ,----.../ See Sheet 2 -j~v . \( r , © Q _.,
BOOK 685, PAGES 43 THRU 52
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FILED IN THE OFFICE OF THE CITY CLERK THIS ____ DAY OF ___ ~ 20_.

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING AMENDED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO . 5 (SECTION 31), CITY OF RANCHO MIRAGE ,

COUNTY OF RIVERSIDE , STATE OF CALIFORNIA, WAS APPROVED BY THE CITY

COUNCIL OF THE CITY OF RANCHO MIRAGE AT A REGULAR MEETING THEREOF, HELD ON THE----~ DAY OF----~ 20 , BY ITS RESOLUTION NO. ________ . -

CITY CLERK

CITY OF RANCHO MIRAGE
FILED THIS ____ DAY OF _____ 20_,ATTHE HOUR OF ____ _
O'CLOCK .M. IN BOOK OF MAPS OF ASSESSMENT AND COM MUNITY FACILITIES DISTRICTS AT PAGE(S) _, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA.

PETER ALDANA, ASSESSOR-COUNTY CLERK-RECORDER

BY DEPUTY

COUNTY RECORDER

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA

REFERENCE IS MADE TO THAT BOUNDARY MAP OF THE COMMUNITY FACILITIES DISTRICT NO . 5 (SECTION 31) OF THE CITY OF RANCHO MIRAGE RECORDED WITH THE RIVERSIDE COUNTY RECORDER'S OFFICE ON NOVEMBER 18 , 2021 IN BOOK 87 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS , PAGE 91 AS INSTRUMENT NO . 2021-0688340.

THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS DIAGRAM SHALL

BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR THOSE PARCELS LISTED.

THE RIVERSIDE COUNTY ASSESSOR'S MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS.

MAP REFERENCE ASSESSOR'S PARCEL

NUMBER NUMBER
1 685-220-011
2 685-220-012
3 Portion of 685-220-013 and -025
4 685-220-014
5 685-220-015 and Portion of-017
6 685-220-016
7 Portion of 685-220-017
8 Portion of 685-220-025 and -013
9 685-220-026
10 685-220-027
11 685-220-028
12 685-220-029
13 685-220-030
14 674-430-017
W w1LLDAN

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-~---~ -•-,,-·--·--·
Detail "A"

AMENDED MAP OF BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 5 (SECTION 31)

CITY OF RANCHO MIRAGE

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
For additional detail on the lots and dimension of parcels shown , reference is made to Tract Map No. 38291 recorded on July 12, 2023 as document number 2023-0202826. Additional reference is made to Lot Line Adjustment No. 22-03 recorded as document number 2023-0073712 on March 14, 2023 and Lot Line Adjustment No. 23-01 recorded as document number 2023- 0131666 on May 8, 2023.

SHEET 2 OF 2
Legend
r;:::;-::;J Improvement Area No. 1 to Improvement Area No. 4 [;;=~ Improvement Area No. 1 to N.A.P.

CJ) N.A.P. to Improvement Area No. 1
[SJ Remains in Improvement Area No. 1 Ll Remains in Improvement Area No. 4 ~-.-.: •:; Original Lot Line
Deta il "B"
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10-1
CITY OF~ MIRAG~
~ ~

STAFF REPORT
TO: Mayor and City Council DATE: September 7, 2023
FROM: Jacob De La Cruz, Financial Analyst
SUBJECT: Consideration of Resolution of Intention to Annex Territory Comprising 33.74 Acres to Community Facilities District No. 1 in Connection with Tentative Tract Map No. TTM36620

SPECIFIC REQUEST OR RECOMMENDATION
That the City Council adopt Resolution No. 2023-(Next-in-Order), declaring the City's intention to annex territory to Community Facilities District No. 1 and to levy a special tax therein for additional police and fire services, preliminarily approve a map of the area proposed to be annexed, and schedule a public hearing to consider the annexation and the levy of the special tax for Annexation No. 192.

JUSTIFICATION OR INFORMATION
Procedural Background
The proposed process for this annexation of territory into Community Facilities District No. 1 (police and fire) (sometimes, the "District") is the standard process followed by the City of Rancho Mirage ("City") for all development within the City's jurisdiction. This is the first step in the City's process to complete the annexation of this development project into the District (the second, and last step, will be considered by the City Council at its October 19, 2023 meeting).

Property Information
The territory proposed for annexation ("Annexed Territory") is located on the east side of Via Josefina between an existing equestrian center to the north and the Versailles neighborhood to the south.

The Annexed Territory is comprised of seven parcels totaling approximately 33.74 acres (gross). The zoning is a combination of Very Low Density Residential (R -L-2 ) and Medium Density Residential (R -M). The project has a condition of approval (#29) to annex into Community Facilities District No. 11 .
1 The Tract Map associated with this project also has a condition to annex into the District.

AGENDA ITEM#

10-2
DATE: September 7, 2023
CFD No. 1 Annexation No. 192; Tesoro Page 2 of 4
JUSTIFICATION OR INFORMATION CONTINUED:

District Background
The Mello-Roos Community Facilities District Act of 1982 (the "Mello-Roos Act" or the "Act," Government Code§ 53311 et seq.) provides the City with a means of financing public facilities, infrastructure, and services, especially in connection with new development through the imposition of special taxes approved by a vote of the qualified electorate of the District.

On September 27, 1990, the City established the District pursuant to the Act, wherein a special tax is levied on new residential and commercial/industrial developments to recapture costs associated with the provision of additional police and fire services rendered to those new developments that are not reimbursed by property taxes.

In accordance with Condition No. 29 of Tentative Tract Map No. TTM36620, the owner of the Annexed Territory, Palo Verde 37 LLC (the "Owner"), submitted a Petition for Annexation (the "Petition"), a copy of which is on file in the City Clerk's Office and is incorporated by reference to the attached Resolution of Intention (the "Resolution"), which requests the City Council to initiate annexation proceedings to annex the Annexed Territory into the District and provides for expedited approval of the annexation and the levy of the special tax.

The proposed annexation to the District contains approximately 33.74 acres (gross) as shown on the annexation map attached to the Resolution ("Annexation Map"), which will be preliminarily approved with adoption of the proposed Resolution. This annexation to the District is identified as Annexation Number 192.

The project is slated to subdivide the seven parcels into 82 residential lots. For illustration purposes only, if residential homes were to be built on the parcels in FY23/24, the estimated annual District revenue generated for this annexation would be $27,858.68 (82 dwelling units x FY23/24 CFO per dwelling unit fee of $339.74 per dwelling unit).

Discussion
The process to accomplish an annexation to a community facilities district is governed by the Act (see Government Code Sections 53339 et seq.). The process can be expedited following the procedures authorized under Government Code Section 53327 of the Act, which permits the City to introduce the proposed Resolution at a City Council meeting and at the next City Council meeting, conduct the public hearing, call the special election, announce the results of the special election, and approve the annexation and levy the special tax using the rate and method of apportionment set forth in Exhibit "B" of the Resolution .

This expedited process is made possible by the Petition received from Owner which asserts, and the City has confirmed, that the Owner owns one hundred percent of the Annexed Territory, which is vacant land. Since Owner is the sole owner of the Annexed Territory, Owner will be the sole participant in the special election to approve the annexation and levy the tax. The Petition allows for a shortening of the time for the special election to expedite the annexation process and waives any requirement for notice, analysis and arguments in connection with the election. The City Clerk concurs with the shortened time for the election.

AGENDA ITEM#

10-3
DATE: September 7, 2023
CFC No. 1 Annexation No. 192; Tesoro Page 3 of 4
JUSTIFICATION OR INFORMATION CONTINUED:

Approval of the Resolution would allow the City to do the following:

1. Accept the Petition submitted by Owner requesting that the City initiate proceedings for the annexation of the Annexed Territory to the District, consent to the levy upon the Annexed Territory of the District's special tax for additional police and fire services, allow a shortening of the time for the special election to expedite the annexation process, and waive requirements for notice, analysis and arguments in connection with the special election required to be conducted for the annexation.

2. Accept and preliminarily approve the Annexation Map and direct the City Clerk to record the map within fifteen days of the date of the adoption of the Resolution; and

3. Establish the date and time of the public hearing on the annexation and levy of the special tax and direct the City Clerk to mail/deliver to Owner the sole ballot on the issue of the annexation and levy of the special tax, which must be received prior to the start of the public hearing .

Assuming the City Council approves the Resolution, the following steps will remain in order to accomplish the annexation and levy the special tax:

1. The Annexation Map will be recorded.

2. The City Clerk will mail or deliver the special election ballot to Owner with a return deadline that is prior to the start of the public hearing.

3. On the date of the public hearing, the City Council will conduct the public hearing, at which time the qualified electors residing in the District may appear and be heard on the annexation and levy of the special tax. The City Clerk will report at the meeting on the number of protests. In the unlikely event fifty percent (50%) or more of the registered voters residing within the territory proposed to be included in the District file written protests against the levy, no action to annex the Annexed Territory will be taken by the City Council.

4. At the conclusion of the public hearing, provided written protests have not been filed, the City Council will be asked to consider adoption of a resolution calling a special election to submit to Owner, as the sole qualified elector of the Annexed Territory, the question of levying the special tax. The City Clerk will then canvass the voted ballot and report the results of the election to the City Council.
5 . Finally, the City Council will consider the adoption of a resolution declaring the results of the election, approving the annexation of the Annexed Territory and the levy, and directing the City Clerk to complete, execute and cause to be recorded an amendment to the Notice of Special Tax Lien in the form required by the Act, within fifteen days of the date of the adoption of the resolution, as required by Section 3117.5 of the California Streets and Highways Code.

AGENDA ITEM#

10-4
DATE: September 7, 2023
CFD No. 1 Annexation No. 192; Tesoro Page 4 of 4
JUSTIFICATION OR INFORMATION CONTINUED:

California Environmental Quality Act (CEQA):

The annexation of territory to a community facilities district constitutes the creation of a funding mechanism and/or other governmental fiscal activity, which will not involve commitment to a specific project that may result in a potentially significant physical impact on the environment.

As such, the proposed annexation and levy of the special tax are exempt from environmental review under the California Environmental Quality Act ("CEQA"), pursuant to sections 15378(b) and 15061 (b)(3) of the CEQA Guidelines.

Attachment(s}:
1 . Resolution
AGENDA ITEM#

10-5
ATTACHMENT 1

RESOLUTION
(SEE ATTACHED)

10-6
RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,

CALIFORNIA, DECLARING THE CITY'S INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO.1 AND TO LEVY A SPECIAL TAX THEREIN

FOR ADDITIONAL POLICE AND FIRE SERVICES, PRELIMINARILY APPROVE A

MAP OF THE AREA PROPOSED TO BE ANNEXED, AND SCHEDULE A PUBLIC

HEARING TO CONSIDER THE ANNEXATION AND THE LEVY OF SPECIAL TAX FOR ANNEXATION NO. 192
WHEREAS, on September 27, 1990, the City Council (the "City Council") of the City of Rancho Mirage (the "City"), a charter city and recognized for certain purposes as a political subdivision of the State of California, approved Resolution No. 90-78 establishing Community Facilities District No. 1 (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Mello-Roos Act," Government Code§§ 53311 et. seq.), for the purpose of levying a special tax on parcels to provide funding for additional police and fire services, which are necessary to meet increased demands placed upon the City as a result of the development of the territory within the District; and WHEREAS, under the Mello-Roos Act, the City Council, as the legislative body for the District, is empowered with the authority to annex territory to the District; and WHEREAS, the City Council has received a petition from Palo Verde 37 LLC ("Owner") requesting that the City initiate proceedings for the annexation of territory (the "Annexed Territory") to the District, and consent to the levy of the District's special tax upon the parcels located within the Annexed Territory (such process is sometimes referred to as "Annexation No. 192"); and
WHEREAS, the petition received from Owner asserts and the City has confirmed Owner owns one hundred percent (100%) of the real property within the Annexed Territory, which is vacant land without registered voters residing thereon, and which is currently comprised of seven parcels, also known as Riverside County Assessor's Parcel Numbers 685 -100-013, and 685 -100-004 through 685-100-009, which are located within the City's boundaries; and
WHEREAS, in order to avail the City of the expedited annexation process authorized by the Mello-Roos Act, Owner has authorized the distribution of official ballots by mail or by personal delivery and has authorized that such ballots be opened and canvassed and the results certified at the October 19, 2023, City Council meeting at which the annexation of the Annexed Territory to the District is to be heard; and WHEREAS, the City Attorney has advised the proceedings for this annexation were initiated in accordance with Government Code Sections 53339-53339.9 of the Mello-Roos Act, as they pertain to annexations; and

10-7
WHEREAS, the City Council now desires to undertake proceedings to annex the Annexed Territory to the District.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. Recitals.

That the Recitals set forth above are true and correct.

Section 2. Determinations.
(a) That the petition submitted by Owner (the "Owner's Petition"), a copy of which is on file in the City Clerk's Office, is incorporated herein by this reference, and is received and accepted.
(b) That based upon the representations set forth in the Owner's Petition and staffs analysis of the same, the City Council determines to undertake proceedings to accomplish the annexation.
(c) That pursuant to Section 53339.7 of the Mello-Roos Act, the proposition of the levy of the special tax shall be submitted to the qualified electors (as defined below) of the District at an election called therefor as provided below. (d) That there are fewer than twelve (12) registered voters residing in the Annexed Territory and in accordance with Section 53326 of the Mello-Roos Act, for these proceedings, the sole qualified elector is Owner, who shall have one vote for each acre or portion of acre they own within the Annexed Territory. (e) That the applicable provisions of Section 53339.3 of the Mello-Roos Act requiring a minimum number of days following the adoption of the Resolution of Intention to elapse before the special election are for the protection of the qualified electors of the District.
(f) That the Owner's Petition allows for a shortening of the time for the special election to expedite the annexation process and waives any requirement for notice, analysis and arguments in connection with the election. (g) That the qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments and have thereby been fully protected in these proceedings.
(h) That the City Clerk has concurred in the shortened time for the election.

Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Mello-Roos Act.
2 10-8
Section 3. Territory Described.
(a) That the territory included in the District is as shown on the map thereof filed in Book Number 685, Page 100, in the office of the County Recorder, County of Riverside, California and the territory in the District has been expanded through annexations of additional territory to the District since the date of recording of such map. (b) That the territory now proposed to be annexed to the District is as shown on Annexation Map No. 192 of Community Facilities District No. 1 of the City of Rancho Mirage, County of Riverside, California (the "Annexation Map"), attached hereto as Exhibit "A" and incorporated herein by this reference, which is on file with the City, the boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars.
(c) That the City Clerk is hereby directed to cause the Annexation Map to be recorded in the office of the County Recorder, County of Riverside, California within fifteen days of the date of adoption of this resolution.

Section 4. Services.

That the types of public services financed by the District pursuant to the Mello- Roos Act consist of additional police and fire services (the "Services"), as described in Resolution No. 90-78, adopted by the City Council on September 27, 1990 (the "Resolution of Formation") and that it is presently intended that the Services will be shared, without preference or priority, by the existing territory in the District and the Annexed Territory .

Section 5. Special Tax.
(a) That except to the extent that funds are otherwise available to the District to pay for the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes.
(b) That the special tax proposed to pay for Services to be supplied within the Annexed Territory will be equal to the special taxes levied to pay for the same Services in the District, except that a higher or lower rate may be levied within the Annexed Territory or territory to be annexed in the future to the extent that the actual costs of providing the Services in that territory is higher or lower than the cost of providing these Services in the District.
(c) That the existing rate and method of apportionment of special tax among the parcels of real property within the existing territory of the District, as described in Exhibit "A" to the Resolution of Formation, will not be altered in connection with the proposed annexation.
3 10-9
(d) That for particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "B," which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexed Territory to clearly estimate the maximum amount that said person will have to pay on said special tax.

Section 6. Public Hearing.
(a) That on October 19, 2023, or as soon as possible thereafter, in the City Hall, Council Chambers at 69-825 Highway 111, Rancho Mirage, California, the City Council will conduct a public hearing on the proposed annexation of the Annexed Territory to the District, the proposed levy of the special tax and all other matters as set forth in this resolution . In consideration of the Owner's Petition, the applicable waiting period under the Mello-Roos Act for the holding of the public hearing is waived. (b) That at the public hearing, any persons interested, including all taxpayers, owners of property within the District, and registered voters residing within the District, may appear and be heard, and the testimony of all interested persons or taxpayers for or against the proposed annexation and the levy of the special tax within the territory to be annexed, or the additional police and fire services to be provided, or any other matters set forth herein, will be heard and considered.
(c) That any protests to the foregoing may be made orally or in writing by any interested persons or taxpayers, except that protests pertaining to the regularity or sufficiency of the proceedings must be in writing and must clearly set forth the irregularities and defects to which the objection is made . (d) That the City Council may waive any irregularities in the form or content of any written protest and at the Public Hearing may correct minor defects in the proceedings. All written protests must be filed with the City Clerk on or before the time fixed for the Public Hearing and any written protest may be withdrawn in writing at any time before the conclusion of the Public Hearing.

Section 7. . Notice of Hearing
That the City Clerk is hereby directed to publish, or cause to be published, a notice of the public hearing one time in a newspaper of general circulation published in the Annexed Territory, in accordance with Government Code Section 53339.4. Said notice shall contain the information prescribed in Government Code Section 53339.4 of the Mello-Roos Act and publication of said notice shall be completed at least seven (7) days prior to the date herein fixed for the public hearing.

Section 8. Election Ballot
That the City Clerk is directed to mail or deliver, or cause to be mailed or delivered to the Owner at the Owner's address listed on the Owner's Petition an election ballot, in the form and within the time specified by the Mello-Roos Act. 4 10-10
Section 9. Election.
(a) That provided written protests have not been filed by fifty percent or more of the registered voters residing within the District or by fifty percent or more of the registered voters residing within the Annexed Territory, or by the owners of one-half (1/2) or more of the area within the District or by the owners of one-half (1/2) or more of the Annexed Territory, the levy of the special tax shall be subject to the approval of Owner, as the sole owner of land within the Annexed Territory, at a special election. (b) That in consideration of the Owner's Petition, the applicable waiting period under the Mello-Roos Act for the holding of the election and the necessity for ballot arguments and analysis are waived.
(c) That the special election shall be held immediately following the close of the public hearing at which the City Council is to consider the annexation, or as soon thereafter as possible, at which time the ballot shall be opened and canvassed and the results certified.

Section 10. Severability.

That should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 11. Repeal of Conflicting Provisions.

That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 12. Effective Date.

That this Resolution shall take effect upon its adoption.

Section 13. Certification.

That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
5 10-11
PASSED, APPROVED AND ADOPTED on this 7th day of September 2023.

ATTEST:

Kristie Ramos, City Clerk
APPROVED AS TO FORM:

Steven 8. Quintanilla
City Attorney
Exhibit "A": Map of Annexed Territory
Richard Kite, Mayor
Exhibit "8": Rate and Method of Apportionment of Special Tax 6 10
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10-13
Exhibit "B"
Rate and Method of Apportionment of Special Tax

RATE AND AMOUNT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 1 (POLICE AND FIRE)

DETERMINATION OF MUNICIPAL SERVICE COSTS
The following procedures are used to establish the applicable specia l tax rate for all residentia l and commercial/industrial property subject to the Special Tax levied in accordance with the Rate and Method of Apportionment for Community Facilities District No. 1. For the FY 2023/24 tax year, the determination of tax rates is reflected below.

STEP ONE: Determine the amount of unreimbursed services costs.

Police
Fire

SERVICE
FY 2021/22

ACTUAL EXPENSES
$9,811, 713 1
$7,479 ,603 3
1 2022 Annual Comprehensive Financial Report
FY 2021 /22

ACTUAL REVENUE
$238, 384 2
$7,721,625 4
Net FY 2021 /22

EXPENSES
$9,573 ,329
-$242,022
2 2022 Annual Comprehensive Financial Report, Fines and Forfeitures (VICR, Parking Tickets, Fund 105 transfer only)
3 2022 Annual Comprehensive Financial Report
4 Finance Department (Revenue Status Report FY21/22)
STEP TWO: Apportion service cost to land use categories.

LAND USE PERCENT AMOUNT

SERVICE CATEGORY ATTRIBUTABLE ATTRIBUTABLE
Police (ll Residential 47% $4,538,951
Commercial/Industrial 53% 5,034,378
$9,573,329
Fire (2 l Residential 67% ($161,348)
( 1)
(2)
Commercial/Industrial 33% (80,674)
($242,022)
TOTAL $9,331,307
Police Costs: Percent attributable provided by Lieutenant Christopher Willison, Riverside County Sheriff's Department, Records for January 1-December 31, 2022.

Fire Costs: Percent attributable provided by Battalion Chief Matthew Kotz, and Riverside County Fire Department/CalFire from 2022 Cove Commission Annual Fire Report.
8 10-14
STEP THREE: Determine incremental cost of additional services.

SERVICE LAND USE INVENTORY NET
COSTS

INCREMENTAL
COSTS
Police Res i dential 14,817 units
Commercial/Industrial 5,893,185 sq. ft.

Commercial/Industrial 5,893,185 sq. ft. (bl
$4,358,951
5,034,378
($161,348)
(80,674)
$306.33
$0.85
($10.89)
($0.01)
Source: California Department of Finance, E-5 City
Estimates, January 1, 2023.

Population & Housing
Source: Based on total commercial square footage as
Total Residential is $2 95.44; total Commercial is $0.84 of 3/31/23.

STEP FOUR: Compare Amount Against CPI Limitations.
(The Community Facilities District may not increase the fee higher than two times the annual Consumer Price Index)
FACTOR
1) Initial Rate
2 ) Base CP I (9/90)
3) Current CPI ( 1/23)
4) Percent Increase
5) Allowed Increase
(2x)
6) Proposed Tax
(without Admin Charge)
7) Percent Increase
8) Within Allowable
Increase?

AMOUNT FACTOR UNIT/ SOURCE
$129.96 Residential/unit (September 1990)
.38 Commercial/Sq. Ft. (September 1990)
5 O • 2 5 8 Converted from Lo s Angeles -Long Beach-An aheim t o Ri ver s i de- San Bernardi no-On tario -All Urban Co n sumers, Al l Items 127.683
154.1 %
308.1 %
$295.44 Per residential unit

0.84 Per commercial square foot
127.3 % Residential
121.1 % Commercial
Yes Residential
Yes Commercial
STEP FIVE: Determine If Collection Is Required for Prior Fiscal Year (The District may collect unrecovered costs from a prior fiscal year provided that the Proposed Assessment without the Administrative Charge does not exceed the allowable increase of two times the annual Consumer Price Index.)

NOT APPLICABLE
9 10-15
STEP SIX: Identify Administrative Charges and Offsetting Property Tax

LAND INCREMENTAL ADMINISTRATIVE TOTAL PROPERTY
USE COST CHARGES (15%) ASSESSMENT TAX
Residential $295.44/unit $44.30 $339.74 To be
determined
Commercial $0.84/sq.ft $0.12 $0. 96 T o be
determined
At the conclusion of STEP SIX, the amount of reimbursement can be determined and assessed annually to each parcel owner.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
10 NET SERVICE
COST
To be
determined
To be
determined

11-1
CITY m ~ MIRAG~
~ 21

STAFF REPORT
TO: Mayor and City Council DATE: September 7, 2023
FROM: Ryan Stendell, Public Works Director
SUBJECT: Via Tuscany (McCallum) & DaVall Drive Multi Way Stop Control

SPECIFIC REQUEST OR RECOMMENDATION
That the City Council approve the implementation of an Multi Way Stop Control (MWSC) at Via Tuscany (McCallum Drive) and DaVall Drive.

JUSTIFICATION OR INFORMATION

BACKGROUND
City Staff has regularly received comments from residents regarding speeding along DaVall Drive in the northern area of the City. In 2020, staff reviewed potential traffic calming measures at Via Tuscany and DaVall Drive. At that time a warrant report was created to see if thresholds for installing an MWSC (stop sign) could be met. Unfortunately, in 2020, the warrant report thresholds could not be met which tabled the issue. Staff has utilized random patrols of the Riverside County Sheriff's Department which is helpful during peak periods of the year.

DISCUSSION
According to residents in this vicinity, the problem originally presented in 2019 persists. In early 2023, staff authorized our on-call traffic engineer (Michael Baker International) to conduct an updated warrant report utilizing current traffic conditions. After careful review of all circumstances the findings of the report (attached) are as follows:
"The intersection of Da Vall Drive and McCallum WayNia Tuscany was evaluated per CA-MUTCD Chapter 2, Section 28.07 to determine if the installation of a multi- way stop is warranted. Existing traffic counts were collected to support the evaluation including 12-hour intersection turning movement counts, 24-hour automatic traffic recorder counts on Da Vall Drive, and a 24-hour speed survey on Da Vall Drive."
The Traffic Safety Commission reviewed this report at its meeting of July 19, 2023, and after review unanimously approved a recommendation to the City Council of implementing the Multi Way Stop control.

AGENDA ITEM#

11-2
DATE: September 7, 2023 Page 2 of 2
Approval of MWSC Via Tuscany & Da Vall Drive
JUSTIFICATION OR INFORMATION CONTINUED:

Shared Jurisdiction Roadway:

This section of Da Vall Drive is shared 50/50 with Cathedral City and will need their approval to implement. Staff has been in contact with Cathedral City staff and have consent from the City Engineer. If approved by Rancho Mirage, he will present the item for approval to the Cathedral City Council for approval. Staff does not foresee any challenges other than timing to accomplish this task.

FISCAL IMPACT
No fiscal impact.

A TTACHMENT(S)

1. Stop Control Warrant Report -Prepared by Michael Baker International (2023) AGENDA ITEM#

11-3
ATTACHMENT 1

STOP CONTROL WARRANT REPORT
(SEE ATTACHED)

11-4
Michael Baker

INT E RNATIONAL
We Make a Difference
Da Vall Drive & Mccallum Way/Via Tuscany
Multi-Way Stop Control Warrant
City of Rancho Mirage, California
Prepared for:

City of Rancho Mirage
69825 Highway 111
Rancho Mirage, CA 92270
March 2, 2023

11-5
Da Vall Drive & McCallum Way/Via Tuscany ______________ Multi-Way Stop Control Warrant

TABLE OF CONTENTS
1 Introduction .......................................................................................................................... !

1.1 Existing Condition .................................................................................................................................................................................. 2

1.2 Existing Traffic Volumes ....................................................................................................................................................................... 3 2 Analysis Methodology ........................................................................................................... 5 3 Warrant Analysis ................................................................................................................... 6 4 Findings ................................................................................................................................ 9

LIST OF EXHIBITS
Exhibit 1-1: Study Intersection Location ............................................................................................................................................................... 1 Exhibit 1-2: Existing Lane Configuration ............................................................................................................................................................... 2 Exhibit 1-3 : Existing Peak Hour Volumes ............................................................................................................................................................. 3

LIST OF TABLES
Table 1-1: ADT Summary ....................................................................................................................................................................................... 4 Table 1-2: Eight Hour Volume Summary ............................................................................................................................................................. 4 Table 3-1: Collision History .................................................................................................................................................................................... 6 Table 3-2: Criteria Results (Criteria C.1, C2, C.3, & D) ...................................................................................................................................... 8 Table 4-1: Warrant Summary ............................................................................................................................................................................... 10

APPENDICES
Appendix A: Intersection Traffic Counts
Appendix B: Segment Traffic Counts
Appendix C: Crash Data
Appendix D: Vehicle Delay Calculation Worksheets
Michael Baker

INT ERNATIO NAL
Pagei

11-6
Da Vall Drive & McCallum Way/Via Tuscany ________________ Multi-Way Stop Control Warrant 1 INTRODUCTION
The purpose of this memorandum is to document the Multi-Way Stop Control warrant at the intersection of Da Vall Drive and Mccallum Way/Via Tuscany in the City of Rancho Mirage (City). The City requested Michael Baker International (Michael Baker) conduct a Multi -Way Stop Control warrant analysis since nearby residents have expressed concerns regarding the intersection. A previous Multi-Way Stop Control warrant was conducted in 2020 which found implementation of a multi-way stop control was not warranted at that time. The intersection is located along the northern city limits with the City of Cathedral City. Exhibit 1-1 shows the location of the study intersection . The intersection currently exists as a two -way stop-controlled (TWSC) intersection , with Mccallum Way and Via Tuscany stop-controlled.

EXHIBIT 1-1: STUDY INTERSECTION LOCATION
Michael Baker Pagel

I N T E,R N AT I O N A L

11-7
Da Vall Drive & McCal/um Way/Via Tuscany ________________ Multi-Way Stop Control Warrant

1.1 EXISTING CONDITION
Da Vall Drive near the study intersection operates as a four-lane roadway to the north and a three-lane roadway to the south.

Specifically, north of Mccallum Way/ Via Tuscany, Da Vall Drive is a four-lane roadway with two travel lanes in each direction until Via Del Paradiso. South of Mccallum Way/ Via Tuscany, Da Vall Drive is a three-lane roadway with two lanes in the northbound direction and one lane in the southbound direction. Under the City of Rancho Mirage General Plan, adopted on November 16, 2017, Da Vall Drive is classified as a four-lane divided Minor Arterial. Mccallum Way near the study intersection is a two -lane roadway. Under the City of Cathedral City General Plan, amended on June 24, 2009, Mccallum Way is classified as a local road. Via Tuscany is a private, gated two-lane roadway . Exhibit 1-2 shows the existing lane configuration at the study intersection . Da Vall Drive is defined as the "major street" while Mccallum Way/Via Tuscany is defined as the "minor street." The roadway speed limits are as follows:
• Da Vall Drive -45 mph (posted)
• McCallum Way-35 mph (posted)
• Via Tuscany-25 mph (prima facie)
EXHIBIT 1-2: EXISTING LANE CONFIGURATION ·w•j
N '
Michael Baker

I NTERNATIONAL
... ~~ L...!! C
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Legend
Q Study Intersection
....L STOP Stop Control
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+ Lane Configuration
Ll De facto Right Turn Lane
Pagel

11-8
Da Vall Drive & McCal/um Way/Via Tuscany ________________ Multi-Way Stop Control Warrant

1.2 EXISTING TRAFFIC VOLUMES
Traffic counts were collected on Wednesday January 25, 2023. While recent storm related flooding had caused other nearby roadway closures, the counts were collected after all roadways were open to traffic. The data collection was tailored to account for the warrant analysis data needs. Specifically, data collected included 12-hour intersection turning movement counts, 24 -hour automatic traffic recorder counts on Da Vall Drive, and a 24-hour speed survey on Da Vall Drive. The 12-hour turning movement counts included pedestrian, bicycle, passenger cars, and heavy vehicles. Exhibit 1-3 shows the Existing AM Peak Hour and PM Peak Hour vehicular traffic volumes. The AM Peak Hour occurred from 7:30 AM to 8:30 AM and the PM Peak Hour occurred from 3:15 PM to 4:15 PM . Table 1-1 summarizes the Existing average daily traffic (ADT) volumes and speed information on Da Vall Drive, the "major street." Table 1-2 summarizes the highest 8-hour traffic volume data by approach. Intersection count data is included in Appendix A and the segment data is included in Appendix B.

EXHIBIT 1-3: EXISTING PEAK HOUR VOLUMES
Michael Baker

I NTERNATIONAL
... L 7(7)
C
~ ._ 9 (4)
~ r 26 (27)
Via Tuscany
Mccallum Wy 1 r r
8(21)-1 o
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Q Study Intersection
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Pagel

11-9
Da Vall Drive & McCallum Way/Via Tuscany _______________ Multi-Way Stop Control Warrant TABLE 1-1: ADT SUMMARY
Segment/ Direction of Travel
Northbound
Da Vall Drive south of Southbound
Mccallum Way/Via Tuscany
Total
Note: 1) Data collected on January 25, 2023.

TABLE 1-2: EIGHT HOUR VOLUME SUMMARY
Total Volume
3,848
4,605
8,453
Daily Segment Characteristics
No. of Heavy Heavy Vehicle 85 1h Percentile
Vehicles Percentage Speed
35 0.9% 53 mph
88 1.9% 54 mph
123 1.5% 53 mph
Volume Entering Intersection
Intersection Hour Major Street: Minor Street:

Da Vall Drive Mccallum Way/ Via Tuscany
Vehicle Bike Peds Total Volume Bike Peds Total
6:30 AM 309 0 0 309 154 0 0 154
7:30 AM 474 2 0 476 246 2 0 248
8:30 AM 328 14 0 342 183 1 0 184
Da Vall Drive
and Mccallum 9:30 AM 359 2 2 363 172 0 2 174
Way/Via 12:15 PM 462 4 0 466 142 1 0 143
Tuscany
2:00 PM 454 1 0 455 144 2 0 146
3:15 PM 722 5 1 728 172 0 0 172
4:15 PM 627 2 0 629 147 0 0 147
Note : 1) Major and Minor Street volumes include both approaches .

Michael Baker Page4

INT E R N AT IONA L

11-10
Da Vall Drive & McCallum Way/Via Tuscany ________________ Multi-Way Stop Control Warrant 2 ANALYSIS METHODOLOGY
The California Manual for Uniform Traffic Control Devices (March 2021) [CA-MUTCD] was used to evaluate if a multi-way stop is warranted at the study intersection. The CA -MUTCD Chapter 2, Section 28 .07 details criteria to be considered for installation of a multi -way stop . The following criteria should be considered :

A. "Where traffic control signals are justified, the multi -way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal.

B. Five or more reported crashes in a 12-month period that are susceptible to correction by a multi -way stop installation.

Such crashes include right-turn and left-turn collisions as well as right-angle collisions .

C. Minimum volumes:

1. The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day; and

2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor -street vehicular traffic of at least 30 seconds per vehicle during the highest hour; but

3. If the 8Sth-percentile approach speed of the major -street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the values provided in Items 1 and 2.

D. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all satisfied to 80 percent of the minimum values . Criterion C.3 is excluded from this condition." Additionally, the CA -MUTCD lists other criteria that may be cons idered for installation of a multi -way stop control:

A. "The need to co ntro I left -turn conflicts;
B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes; C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop; and D. An intersection of two residential neighborhood collector (through) streets of similar design and operating characteristics where multi-way stop control would improve traffic operational characteristics of the intersection." Michael Baker Pages

I NTERNATIONAL

11-11
Da Vall Drive & McCallum Way/Via Tuscany ________________ Multi-Way Stop Control Warrant 3 WARRANT ANALYSIS
Criterion A (Interim Condition Prior to Traffic Signal) Criterion A is not applicable as there are no current plans for traffic signal installation at the study intersection.

Criterion B (Crash Data)
Historical collision data was reviewed to evaluate Criterion B. For the study intersection, data was examined for the approximate 6- year period from January 1, 2017 to December 31, 2022 . Collision data was obtained from the Statewide Integrated Traffic Records System (SWITRS) (contained in Appendix C). While SWITRS data included the most recently available 2022 data, all collisions may not be included in the data set at the time of analysis due to processing backlogs. Table 3-1 summarizes the collision findings .

TABLE 3-1: COLLISION HISTORY
ID Date Intersection
Collision Primary Collision
Collision Severity Susceptible to
Type Factor correction?1
1 May g1h, Da Vall Drive and McCallum Head On Improper Turning Property Damage Yes 2018 Way/Via Tuscany Only
. . Note: 1) Colhs1ons susceptible to correction by AWSC installation include, but are not limited to, right-turn, left-turn, and right -angle collisions .

As shown, only one collision was reported during the 6-year period at the study intersection. The collision occurred between a westbound vehicle making a left onto Da Vall Drive from Via Tuscany and a southbound vehicle proceeding straight on Da Vall Drive . The collision was recorded as a Head On collision. Evaluation of the data suggests the collision may be susceptible to correction, as one vehicle was making a left turn when the collision occurred. However, five or more reported collisions in a 12- month period are required to satisfy Criterion B. As only one collision was reported during a 6-year period, Criterion Bis not met.

Criteria C.l, C.2, C.3, & D (Minimum Volume and Vehicle Delay) Table 3-2 summarizes the volume warrant analysis results for Criteria C.1, C2, C.3 and D. Each evaluation is discussed below.

Criterion C.1 & C.2 (100%)
As shown, Criterion C.1 is met as the major street of the intersection experiences more the required 300 vehicles entering per hour, for all eight hours. However, Criterion C.2 is not met as the minor street of the intersection only experiences more than the required 200 units per hour for one of the eight hours . Since both Criteria C.1 and C.2 are required to meet the thresholds, the evaluation of the combination of Criteria C.l and C.2 do not meet the warrant.

Criteria C.3 (10%)
To evaluate Criterion C.3, existing speed data was collected and reviewed. The posted speed limit on Da Vall Drive is 45 mph.

According to the speed survey conducted on 1/25/2023, the 85 th percentile speed along Da Vall Drive was recorded as 53 mph.

Thus, the 85th percentile speed of the major street approach does exceed 40 mph, and per the CA-MUTCD, Criterion C.3 can be evaluated using 70% of the values provided in Criteria C.2 and C2 . As seen in Table 3-2, both the major and minor street meet the volume requirement under Criterion C.3 using the 70% volume threshold.

In addition to the volume requirement, the minor street must also experience an average vehicle delay of 30 seconds per vehicle or more during the highest hour. The Transportation Research Board's Highway Capacity Manual(HCM) 6th Edition methodology was used to evaluate delay. Delay in seconds per vehicle (sec/veh) passing through the intersection, is the primary measure of Michael Baker Page6

I NTERNAT IONAL

11-12
Da Vall Drive & McCallum Way/Via Tuscany ________________ Multi -Way Stop Control Warrant effectiveness for stop-controlled intersections. The delay analysis was conducted with Synchro (version 11) software and HCM 6th Edition results were reported. The highest hour Synchro worksheet is contained in Appendix D.

Using the highest hour volumes (3:15 PM -4:15 PM), the westbound approach of the minor street is projected to experience a delay of 37.2 seconds per vehicle. Since the vehicle delay requirement on the minor street is met and both major and minor street volume requirements are met, Criterion C.3 is met.

Criterion D {80%)
Criterion D, which uses 80% thresholds, is evaluated only when Criteria B, C.1, and C2 are not met, as is the case for this analysis .

Criterion D thresholds would be as follows:
• B -Four or more crashes in a 12-month period that are susceptible to correction by a multi-way stop installation . • C.1-The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 240 vehicles per hour for any 8 hours of an average day; and • C2 -The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 160 units per hour for the same 8 hours, with an average delay to minor- street vehicular traffic of at least 30 seconds per vehicle during the highest hour.

As shown, only one relevant crash was reported . Also, the major street of the intersection experiences more the required 240 vehicles entering per hour for all eight hours; however, the minor street of the intersection only experiences more than the required 160 units per hour during four of the eight hours. Therefore, Criterion D is not met.

Michael Baker Pagel

I NTERNATIONAL

11 -
1 3
Da Vall Drive & McCallum Way/Via Tuscany _______________________________ Multi-Way Stop Control Warrant TABLE 3-2: CRITERIA RESULTS (CRITERIA C.l, C.2, C.3, & D) Meets Major Street Criteria? Meets Minor Street Criteria? (Major Street: Da Vall Drive) (Minor Street: McCallum Way/ Via Tuscany) Hour/ Major Minor C.2 C.3 D
Intersection
Start Time
Street Street Average Average Average
Volume1 C.1 C.3 D Volume3
(100%/300)2 (70%/210)2 (80%/240)2 C.2 Delay C.3 Delay D Delay (100%/200)4 (seconds per (70%/140)4 (seconds per (80%/160)4 (seconds per vehicle)5 vehicle)5 vehicle)5
1 6:30 AM 309 Yes Yes Yes 154 No --Yes --No --
2 7:30 AM 474 Yes Yes Yes 248 Yes --Yes --Yes --
3 8:30 AM 328 Yes Yes Yes 184 No --Yes --Yes --
Da Vall Drive and 4 9:30 AM 359 Yes Yes Yes 174 No --Yes --Yes -- Mccallum Way/Via
Tuscany 5 12:15 PM 462 Yes Yes Yes 143 No --Yes --No -- 6 2:00 PM 454 Yes Yes Yes 146 No --Yes --No --
7 3:15 PM 722 Yes Yes Yes 172 No Yes
Yes
Yes ----
(37.2)
8 4:15 PM 627 Yes Yes Yes 147 No --Yes --No --
Summary: Individual Criteria Met? Yes Yes Yes --No N/A Yes Yes No N/A Notes: 1) Major Street volume includes only vehicular traffic (both approaches). 2) Major Street minimum volume thresholds --Criterion Cl threshold of 300 vehicles per hour. Criterion C.3 threshold of 210 vehicles per hour (70% of 300 vehicles). Criterion D threshold of 240 vehicles per hour (80% of 300 vehicles).
3) Minor Street volume includes combined units of vehicular, pedestrian, and bicycle traffic (both approaches). 4) Minor Street minimum volume thresholds --Criterion C2 threshold of 200 units per hour. Criterion C.3 threshold of 140 units per hour (70% of 200 units). Criterion D threshold of 160 units per hour (80% of 200 units).
5) Minor street average delay threshold for Criteria C2, C.3, and D is 30 seconds per vehicle during the highest hour. The highest total volume hour is 3:15 PM to 4:15 PM. 6) N/A = Not applicable. Not evaluated since previously required criteria have not been met.

Michael Baker PageB

IN TERNA TI O NAL

11-14
Da Vall Drive & McCallum Way/Via Tuscany ________________ Multi -Way Stop Control Warrant 4 FINDINGS
The intersection of Da Vall Drive and McCallum Way/Via Tuscany was evaluated per CA -MUTCD Chapter 2, Section 2B.07 to determine if the in stallation of a multi -way stop is warranted . Existing traffic counts were collected to support the evaluation including 12 -hour intersection turning movement counts, 24 -hour automatic traffic recorder counts on Da Vall Drive , and a 24 - hour speed survey on Da Vall Drive.

Table 4-1 on the following page summarizes the analysis findings based on the warrant criteria . Criterion A is not applicable at this location as there are no current plans for traffic signal installation at the study intersection . Criterion B is not met since there is only one reported collision susceptible to correction in a five -year time period . For Criteria C.1, C2, and C.3 certain volume and delay threshold s must be met for eight hours . Criterion C.1 is met since the major street volumes at the study intersection exceed the volume requirement for all eight hours . Criterion C.2 is not met since the minor street volumes at the study intersection exceed the volume requirement for only one of the eight hours. Therefore, the combination of Criteria C.1 and C.2 do not meet the warrant.

Criterion C.3 is only applicable for if the 85 th -percentile speed of the major street exceeds 40 mph . According to the speed survey conducted on 1/25/2023, the 85th percentile speed along Da Vall Drive was recorded as 53 mph, thus, Criterion C.3 was evaluated .

Criterion C.3 is met since the major and minor road volumes at the study intersection exceed the volume requirements for all eight hours and the minor street exceeds the required vehicle delay.

Criterion D is not met since the minor street only experiences more than the required 160 unit s per hour during four of the eight hours and only one reported collision is susceptible to correction by a multi -way stop installation.

The results show a multi -way stop is warranted at the intersection of Da Vall Drive and Mccallum Way/Via Tuscany based criteria contained in the CA-MUTCD, Chapter 2, Section 2B .07 . The warrant is met using January 2023 traffic count data and Criterion C.3 (70% Minimum Volume/Delay).

Implementation of a multi -way stop control would require design and installation of appropriate signage, striping, and pavement markings per the CA -MUTCD and other applicable standards . Additionally, given that the data collection indicates 85 th percentile operating speeds along Da Vall Drive of up to 54 mph, supplemental speed control improvements may need to be evaluated further as part of the design process .

Michael Baker Page 9

IN TE RNA T IONA L

11-15
Da Vall Drive & McCallum Way/Via Tuscany ________________ Multi-Way Stop Control Warrant TABLE 4-1 : WARRANT SUMMARY
Criteria Description Criteria Satisfied?
A --Interim Condition Interim measure before installation of traffic signal N/A B --Crash Data Five or more reported crashes in a 12-month period that are No susceptible to correction by a multi-way stop installation C.1 --100% Minimum The vehicular volume entering the intersection from the major street Volume/Delay approaches (total of both approaches) averages at least 300 vehicles Yes per hour for any 8 hours of an average day
AND Both
The combined vehicular, pedestrian, and bicycle volume entering the Met C.2 --100% Minimum intersection from the minor street approaches (total of both No Volume/Delay approaches) averages at least 200 units per hour for the same 8 hours, No with an average delay to minor-street vehicular traffic of at least 30 seconds per vehicle during the highest hour
If the 85th-percentile approach Major Street Volume (C.1) Yes speed of the major-street traffic 70% of 300 = 210
Both C.3 --70% Minimum exceeds 40 mph, the minimum AND Met Volume/Delay vehicular volume warrants are 70 Minor Street Units (C.2) Yes percent of the values provided in 70% of 200 = 140 with Yes Items C.1 and C.2 30 seconds per vehicle delay
Crashes (B) -minimum of 4 No reported collisions
Where no single criterion is Major Street Volume (C.1) Yes D --Combined Crash Data & satisfied, but where Criteria B, C.1, 80% of 300 = 240 All 80% Minimum Volume/Delay and C.2 are all satisfied to 80 AND Met percent of the minimum values Minor Street Units (C.2)
No
80% of 200 = 160 with No
30 seconds per vehicle delay
Notes: 1) N/A = Not applicable.

Michael Baker Page JO

INT E RNA T IONAL

11-16
Da Vall Drive &McCal/um Way/Via Tuscany_ _______________ Multi-Way Stop Control Warrant Appendix A:

Intersection Traffic Counts
Michael Baker

IN TERNATIONA L

11-17
City of Rancho Mirage
N/S: Da Vall Drive
E/1./1/: McCallum WayNia Tuscany
Weather: Clear
Counts Unlimited , Inc.

PO Box 1178
Corona , CA 92878
(951 )268-6268
Fi le Name : RNM_Da V _McC 12hr
Site Code : 12223091
Start Date : 1/25/2023
Page No : 1
Grouos Printed-Passenaer Vehicles -Larae 2 Axle Vehicles -

3 Axle Vehicles -4+ Axle Trucks
I Da Vall Drive Via Tuscany Da Vall Drive McCallum Way
Southbound Westbound Northbound Eastbound
I Start Time Left I Thru I Right I App. Total Left I Thru I Right I App_ Total Left I Thru I Right I App_ Total Left I Thru I RiQht I APP -Total Int. Total I 06:00AM 0 18 0 18 3 0 0 3 6 7 1 14 0 0 12 12 47
06:15AM 0 32 0 32 3 0 2 5 3 11 0 14 0 1 17 18 69
06:30AM 0 38 0 38 5 0 2 7 5 8 1 14 0 0 18 18 77
06:45AM 0 39 1 40 2 0 0 2 15 15 0 30 1 1 24 26 98
Total 0 127 1 128 13 0 4 17 29 41 2 72 1 2 71 74 291
07:00 AM 2 35 1 38 7 0 1 8 8 29 0 37 0 3 40 43 126
07:15 AM 1 58 1 60 8 2 0 10 21 27 4 52 0 1 39 40 162
07:30 AM 1 66 1 68 5 4 2 11 41 24 2 67 0 2 74 76 222
07:45AM 0 61 1 62 9 1 2 12 9 28 3 40 1 1 54 56 170
Total 4 220 4 228 29 7 5 41 79 108 9 196 1 7 207 215 680 08:00 AM 0 54 1 55 6 2 2 10 11 42 6 59 2 1 36 39 163
08:15 AM 0 48 0 48 6 2 1 9 24 45 6 75 5 1 27 33 165
08:30AM 1 36 0 37 6 1 1 8 10 35 6 51 0 1 50 51 147
08:45AM 1 35 2 38 4 0 5 9 13 26 7 46 1 1 29 31 124
Total 2 173 3 178 22 5 9 36 58 148 25 231 8 4 142 154 599 09 :00 AM 0 44 0 44 6 1 4 11 9 25 4 38 0 0 27 27 120
09:15 AM 0 40 0 40 11 1 2 14 3 29 2 34 1 0 31 32 120
09:30 AM 2 31 0 33 12 0 3 15 12 26 9 47 3 0 25 28 123
09 :45AM 1 39 1 41 6 0 2 8 12 16 11 39 5 1 24 30 118
Total 3 154 1 158 35 2 11 48 36 96 26 158 9 1 107 117 481 10:00 AM 3 34 1 38 4 0 1 5 21 37 7 65 19 1 30 50 158
10:15 AM 1 32 1 34 7 0 1 8 19 37 6 62 7 0 21 28 132
10:30 AM 1 29 3 33 8 0 0 8 14 21 7 42 1 3 23 27 110
10:45AM 2 34 1 37 9 2 1 12 12 24 4 40 2 0 19 21 110
Total 7 129 6 142 28 2 3 33 66 119 24 209 29 4 93 126 510 11 :00AM 5 35 0 40 8 2 0 10 10 37 4 51 1 1 20 22 123
11 :15AM 2 27 0 29 7 0 3 10 23 34 7 64 0 1 18 19 122
11 :30AM 1 29 0 30 13 1 3 17 17 36 8 61 1 4 15 20 128
11 :45 AM 0 33 0 33 9 1 2 12 35 38 8 81 0 2 20 22 148
Total 8 124 0 132 37 4 8 49 85 145 27 257 2 8 73 83 521 12:00 PM 4 22 0 26 6 0 2 8 29 45 7 81 0 0 17 17 132
12:15 PM 0 28 0 28 7 2 0 9 28 42 12 82 0 1 27 28 147
12:30 PM 1 32 0 33 4 1 0 5 16 59 12 87 2 3 25 30 155
12 :45 PM 0 43 0 43 4 0 1 5 16 39 8 63 1 0 27 28 139
Total 5 125 0 130 21 3 3 27 89 185 39 313 3 4 96 103 573 01 :00 PM 1 44 1 46 10 0 3 13 13 51 16 80 0 2 22 24 163 01:15 PM 0 34 0 34 5 3 1 9 15 36 11 62 0 2 16 18 123
01:30 PM 0 33 0 33 6 0 1 7 17 45 12 74 1 0 17 18 132
01:45 PM 3 30 0 33 5 1 1 7 15 37 14 66 0 1 14 15 121
Total 4 141 1 146 26 4 6 36 60 169 53 282 1 5 69 75 539 02 :00 PM 1 28 1 30 12 2 2 16 22 52 11 85 0 1 20 21 152 02:15 PM 3 28 0 31 4 1 1 6 23 39 7 69 0 0 19 19 125
02:30 PM 2 34 0 36 11 0 2 13 17 55 11 83 1 5 20 26 158
02:45 PM 6 28 1 35 4 0 4 8 18 55 12 85 2 2 31 35 163
Total 12 118 2 132 31 3 9 43 80 201 41 322 3 8 90 101 598 03 :00 PM I 40 42 I 6 0 0 61 20 62 7 89 I 2 2 15 19 I 156 Page A1

11-18
Counts Unlimited , Inc.

PO Box 1178
Corona, CA 92878
(951 )268-6268
City of Rancho Mirage
N/S: Da Vall Drive
File Name : RNM_Da V_McC 12hr
Site Code : 12223091
E/W: Mccallum WayNia Tuscany
Weather: Clear
G rouos p d p rinte -
I Da Vall Drive
Southbound
I Start Time Left I Thru I Riaht I Aoo . Total
03:15 PM 5 33 0 38
03:30 PM 3 40 0 43
03:45 PM 1 42 7 50
Total 10 155 8 173
04:00 PM 4 55 2 61
04:15 PM 1 24 0 25
04 :30 PM 2 27 1 30
04:45 PM 1 37 2 40
Total 8 143 5 156
05:00 PM 3 27 1 31
05:15 PM 5 22 0 27
05:30 PM 6 36 0 42
05 :45 PM 2 26 2 30
Total 16 111 3 130
Grand Total 79 1720 34 1833
Apprch % 4.3 93.8 1.9
Total% 1.1 24 0.5 25.6
Passenger Vehicles 76 1683 34 1793
% Passenger Vehicles 96 .2 97.8 100 97 .8
Larg e 2 Axle Vehicles 2 35 0 37
%L.irge2AllleVehicles 2.5 2 0 2
3 Axle Vehicles 0 0 0 0
% 3 Axle Vehicles 0 0 0 0
4+ Axle Trucks 1 2 0 3
% 4+ Axle Trucks 1.3 0.1 0 0 .2
Start Date : 1/25/2023
Page No : 2
assenaer V h' I e 1c es -L arae 2Axl V e ehicles -

3 Axle Vehicles -4+ Axle Trucks
Via Tuscany Da Vall Drive McCallum Way
Westbound Northbound Eastbound
Left I Thru I Riaht I Aoo. Total Left I Thru I Riaht I Aoo. Total Left I Thru I Right I App. Total 7 0 0 7 28 90 12 130 3 1 26 30
6 1 3 10 37 64 19 120 14 1 26 41
7 1 2 10 53 78 6 137 2 0 26 28
26 2 5 33 138 294 44 476 21 4 93 118
7 2 2 11 37 92 14 143 2 1 32 35
5 1 3 9 26 74 20 120 2 0 24 26
4 1 0 5 31 79 14 124 1 1 26 28
6 1 4 11 33 95 15 143 1 1 29 31
22 5 9 36 127 340 63 530 6 3 111 120
7 1 2 10 39 64 11 114 1 1 25 27
3 1 0 4 45 94 7 146 0 2 16 18
3 2 0 5 34 77 12 123 0 2 17 19
2 0 3 5 25 62 12 99 0 1 18 19
15 4 5 24 143 297 42 482 1 6 76 83
305 41 77 423 990 2143 395 3528 85 56 1228 1369

72.1 9.7 18.2 28.1 60.7 11 .2 6.2 4 .1 89.7
4 .3 0.6 1.1 5.9 13.8 30 5 .5 49.3 1.2 0 .8 17 .2 19.1
289 37 74 400 971 2067 379 3417 83 51 1203 1337
94 .8 90.2 96.1 94.6 98 .1 96 .5 95 .9 96 .9 97 .6 91.1 98 97 .7 13 4 2 19 15 60 13 88 2 5 24 31

4.3 9 .8 2.6 4.5 1.5 2 .8 3 .3 2 .5 2 .4 8 .9 2 2.3
0 0 0 0 1 2 0 3 0 0 0 0
0 0 0 0 0 .1 0 .1 0 0 .1 0 0 0 0
3 0 1 4 3 14 3 20 0 0 1 1
1 0 1.3 0.9 0 .3 0.7 0 .8 0 .6 0 0 0.1 0 .1
Da Vall Drive Via Tuscany Da Vall Drive McCallum Way
Southbound Westbound Northbound Eastbound
Int. Total I
205
214
225
800
250
180
187
225
842
182
195
189
153
719
7153
6947

97.1 175

2.4 3
0 28

0.4 Start Time Left Thru Right App . Total Left Thru Right App . Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 06:00 AM to 05 :45 PM -Peak 1 of 1 Peak Hour for Entire Intersection Begins at 03 :15 PM
03:15 PM 5 33 0 38 7 0 0 7 28 90 12 130 3 1 26 30 205
03:30 PM 3 40 0 43 6 1 3 10 37 64 19 120 14 1 26 41 214 03:45 PM 1 42 7 50 7 1 2 10 53 78 6 137 2 0 26 28 225
04 :00 PM 4 55 2 61 7 2 2 11 37 92 14 143 2 1 32 35 250 Total Volume 13 170 9 192 27 4 7 38 155 324 51 530 21 3 110 134 894 % App . Total 6.8 88 .5 4 .7 71 .1 10.5 18.4 29 .2 61 .1 9 .6 15.7 2 .2 82 .1 PHF .650 .773 .321 .787 .964 .500 .583 .864 .731 .880 .671 .927 .375 .750 .859 .817 .894 PageA2

11-19
City of Rancho Mirage
N/S: Da Vall Drive
E/W: McCallum WayNia Tuscany
Weather: Clear
N ~__j'
...J
o--.c -u
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
(951 )268-6268
Out ~
9 13
Left
4 Peak Hour Data
T
North
Peak Hour Begins at 03: 15 Pt\/
Passenger Vehicles
Large 2 Axle Vehicles
3 Axle Vehicles
4+ Axle Trucks
~ T r
Left Ri ht
155 51
~ ~
Out Total
Peak Hour Analysis From 06 :00 AM to 05:45 PM -Peak 1 of 1 P kH f E hA hB . ea our or ac ,ooroac eams at:
07:15AM 08:45AM 03 :15 PM
+0 mins. 1 58 1 60 4 0 5 9 28 90
+15 mins . 1 66 1 68 6 1 4 11 37 64
+30 mins . 0 61 1 62 11 1 2 14 53 78
+45 mins . 0 54 1 55 12 0 3 15 37 92
Total Volume 2 239 4 245 33 2 14 49 155 324
%App. Total 0.8 97.6 1.6 67.3 4 .1 28.6 29.2 61.1
PHF .500 .905 1.000 .901 .688 .500 .700 .817 .731 .880
Page A3
12 130
19 120
6 137
14 143
51 530

9.6 .671 .927
File Name
Site Code
Start Date
Page No
u ~~
::r ---,
: RNM_Da V_McC 12hr
: 12223091
: 1/25/2023
:3
~
Q)
-j -c w""' "' fil ::,
r '<
,r-!!l. ~ ~g Q) -
07 :00AM
0 3 40 43
0 1 39 40
0 2 74 76
1 1 54 56
1 7 207 215
0 .5 3.3 96.3
.250 .583 .699 .707

11-20
City of Rancho Mirage
N/S: Da Vall Drive
EM/: Mccallum WayNia Tuscany
Weather: Clear
I Da Vall Drive
Southbound
I Start Time Left I Thru I Right I App. Total
06 :00AM 0 18 0 18
06:15AM 0 30 0 30
06:30AM 0 35 0 35
06:45 AM 0 32 1 33
Total 0 115 1 116
07:00 AM 2 34 1 37
07:15 AM 1 57 1 59
07 :30AM 1 64 1 66
07:45AM 0 59 1 60
Total 4 214 4 222
08:00AM 0 54 1 55
08:15AM 0 48 0 48
08:30AM 1 36 0 37
08:45AM 1 35 2 38
Total 2 173 3 178
09:00AM 0 41 0 41
09 :15 AM 0 40 0 40
09:30 AM 2 31 0 33
09:45 AM 1 36 1 38
Total 3 148 1 152
10:00AM 3 31 1 35
10:15 AM 0 31 1 32
10:30 AM 1 28 3 32
10:45AM 2 34 1 37
Total 6 124 6 136
11:00 AM 5 35 0 40
11 :15AM 2 25 0 27
11 :30 AM 1 27 0 28
11 :45 AM 0 33 0 33
Total 8 120 0 128
12 :00 PM 4 22 0 26
12 :15 PM 0 28 0 28
12 :30 PM 1 32 0 33
12 :45 PM 0 43 0 43
Total 5 125 0 130
01 :00 PM 1 43 1 45
01 :15 PM 0 34 0 34
01 :30 PM 0 33 0 33
01 :45 PM 3 30 0 33
Total 4 140 1 145
02:00 PM 1 28 1 30
02 :15 PM 3 28 0 31
02 :30 PM 2 34 0 36
02:45 PM 5 28 1 34
Total 11 118 2 131
03 :00 PM I 40 42 I
Counts Unlimited, Inc.

PO Box 1178
Corona , CA 92878
(951 )268-6268
Grouos Printed-Passenaer Vehicles
Via Tuscany Da Vall Drive
Westbound Northbound
Left I Thru I Riaht I ADD . Total Left I Thru I Right I App. Total 3 0 0 3 5 7 1 13
3 0 2 5 3 11 0 14
5 0 2 7 4 7 1 12
2 0 0 2 15 15 0 30
13 0 4 17 27 40 2 69
7 0 1 8 8 28 0 36
8 2 0 10 21 25 3 49
5 4 2 11 41 23 2 66
9 0 2 11 8 28 3 39
29 6 5 40 78 104 8 190
6 2 2 10 11 40 6 57
6 2 1 9 23 44 6 73
6 1 1 8 8 34 6 48
4 0 5 9 12 26 7 45
22 5 9 36 54 144 25 223
6 1 3 10 9 24 4 37
11 1 2 14 3 28 2 33
12 0 3 15 12 25 9 46
5 0 2 7 12 15 11 38
34 2 10 46 36 92 26 154
4 0 1 5 21 37 7 65
6 0 1 7 19 35 6 60
8 0 0 8 13 20 7 40
9 2 1 12 11 24 3 38
27 2 3 32 64 116 23 203
8 2 0 10 10 37 4 51
7 0 3 10 22 33 7 62
12 1 3 16 17 33 6 56
8 1 2 11 35 38 7 80
35 4 8 47 84 141 24 249
5 0 2 7 29 45 6 80
7 2 0 9 27 41 12 80
4 1 0 5 16 59 11 86
4 0 1 5 16 35 8 59
20 3 3 26 88 180 37 305
10 0 3 13 13 50 14 77
5 1 1 7 14 33 10 57
3 0 1 4 17 44 12 73
5 1 1 7 15 35 14 64
23 2 6 31 59 162 50 271
11 2 2 15 22 51 11 84
4 1 1 6 22 35 5 62
10 0 2 12 17 48 10 75
4 0 3 7 18 52 12 82
29 3 8 40 79 186 38 303
5 0 0 5 1 20 61 7 88 I
PageA4
File Name : RNM_Da V _McC 12hr
Site Code : 12223091
Start Date : 1/25/2023
Page No : 1
McCallum Way
Eastbound
Left I Thru I Right I ADD . Total Int. Total I
0 0 12 12 46
0 1 17 18 67
0 0 18 18 72
1 0 24 25 90
1 1 71 73 275
0 2 38 40 121
0 1 37 38 156
0 1 73 74 217
1 1 52 54 164
1 5 200 206 658
2 1 36 39 161
5 1 26 32 162
0 1 49 50 143
1 1 29 31 123
8 4 140 152 589
0 0 26 26 114
1 0 31 32 119
3 0 25 28 122
5 0 22 27 110
9 0 104 113 465
19 1 30 50 155
7 0 20 27 126
1 3 22 26 106
2 0 19 21 108
29 4 91 124 495
1 1 18 20 121
0 1 18 19 118
1 4 14 19 119
0 2 20 22 146
2 8 70 80 504
0 0 17 17 130
0 1 27 28 145
1 3 24 28 152
1 0 25 26 133
2 4 93 99 560
0 2 22 24 159
0 2 16 18 116
1 0 17 18 128
0 1 14 15 119
1 5 69 75 522
0 1 19 20 149
0 0 19 19 118
1 5 20 26 149
1 2 31 34 157
2 8 89 99 573
2 2 13 171 152

11-21
City of Rancho Mirage
N/S: Da Vall Drive
E/W: McCallum WayNia Tuscany
Weather: Clear
I Da Vall Drive
Southbound
I Start Time Left I Thru I Right I App , Total
03:15 PM 4 32 0 36
03:30 PM 3 40 0 43
03:45 PM 1 42 7 50
Total 9 154 8 171
04:00 PM 4 53 2 59
04:15 PM 1 24 0 25
04:30 PM 2 27 1 30
04 :45 PM 1 37 2 40
Total 8 141 5 154
05:00 PM 3 27 1 31
05:15 PM 5 22 0 27
05 :30 PM 6 36 0 42
05 :45 PM 2 26 2 30
Total 16 111 3 130
Grand Total I 76 1683 34 1793 1 Apprch % 4.2 93 .9 1.9
Total% 1.1 24 .2 0.5 25.8
Counts Unlimited , Inc.

PO Box 1178
Corona, CA 92878
(951 )268 -6268
Grouos Printed -Passenaer Vehicles
Via Tuscany Da Vall Drive
Westbound Northbound
Left I Thru I Riehl I App. Total Left I Thru I Right I App , Total 6 0 0 6 27 85 11 123
6 1 3 10 37 61 19 117
6 1 2 9 52 75 6 133
23 2 5 30 136 282 43 461
5 2 2 9 37 91 14 142
5 1 3 9 25 73 19 117
4 1 0 5 30 77 13 120
6 0 3 9 33 91 15 139
20 4 8 32 125 332 61 518
6 1 2 9 38 62 11 111
3 1 0 4 45 93 7 145
3 2 0 5 34 74 12 120
2 0 3 5 24 59 12 95
14 4 5 23 141 288 42 471
289 37 74 400 I 971 2067 379 3417 1
72 .2 9.2 18 .5 28.4 60.5 11 .1
4 .2 0.5 1.1 5.8 14 29.8 5.5 49.2
File Name : RNM _Da V_McC 12hr
Site Code : 12223091
Start Date : 1/25/2023
Page No : 2
Mccallum Way
Eastbound
Left I Thru I Right I App , Total Int. Total I
3 0 25 28 193
14 1 26 41 211
2 0 26 28 220
21 3 90 114 776
2 1 32 35 245
2 0 24 26 177
1 1 25 27 182
1 1 29 31 219
6 3 110 119 823
1 1 25 27 178
0 2 16 18 194
0 2 17 19 186
0 1 18 19 149
1 6 76 83 707
83 51 1203 1337 1 6947

6.2 3.8 90

1.2 0.7 17.3 19.2
Da Vall Drive Via Tuscany Da Vall Drive Mccallum Way
Southbound Westbound Northbound Eastbound
Start Time Left Thru Right App . Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 03 :15 PM to 04:00 PM -Peak 1 of 1 Peak Hour for Entire Intersection Begins at 03 :15 PM
03 :15 PM 4 32 0 36 6 0 0 6 27 85 11 123 3 0 25 28 193
03:30 PM 3 40 0 43 6 1 3 10 37 61 19 117 14 1 26 41 211 03 :45 PM 1 42 7 50 6 1 2 9 52 75 6 133 2 0 26 28 220
04 :00 PM 4 53 2 59 5 2 2 9 37 91 14 142 2 1 32 35 245
Total Volume 12 167 9 188 23 4 7 34 153 312 50 515 21 2 109 132 869 % App . Total 6.4 88 .8 4 .8 67 .6 11.8 20 .6 29 .7 60.6 9.7 15 .9 1.5 82.6 PHF .750 .788 .321 .797 .958 .500 .583 .850 .736 .857 .658 .907 .375 .500 .852 .805 .887 Page AS

11-22
City of Rancho Mirage
N/S : Da Vall Drive
E/W: Mccallum WayNia Tuscany
Weather: Clear
Counts Unlimited , Inc .

PO Box 1178
Corona , CA 92878
(951 )268-6268
Da Vall Drive
Out In Total
~ 188 ~
9 12
Left
4 Peak Hour Data
T
North
~ T r
Left Ri ht
153 50
Cm] ~
Out Total
Peak Hour Analysis From 03:15 PM to 04 :00 PM -Peak 1 of 1 Peak Hour for Each Aooroach Beains at:
03:15 PM 03:15 PM 03:15 PM
+0 mins. 4 32 0 36 6 0 0 6 27 85
+15 mins . 3 40 0 43 6 1 3 10 37 61
+30 mins. 1 42 7 50 6 1 2 9 52 75
+45 mins . 4 53 2 59 5 2 2 9 37 91
Total Volume 12 167 9 188 23 4 7 34 153 312
%App. Total 6.4 88.8 4.8 67.6 11.8 20.6 29.7 60.6
PHF .750 .788 .321 .797 .958 .500 .583 .850 .736 .857
Page A&
11 123
19 117
6 133
14 142
50 515
9 .7
.658 .907
File Name
Site Code
Start Date
Page No
03:15 PM
3 0
14 1
2 0
2 1
21 2

15.9 1.5
.375 .500
: RNM_Da V _Mee 12hr
: 12223091
: 1/25/2023
:3
25 28
26 41
26 28
32 35
109 132

82.6 .852 .805

11-23
City of Rancho Mirage
N/S : Da Vall Drive
ENI/: Mccallum WayNia Tuscany
Weather: Clear
I Da Vall Drive
Southbound
I Start Time Left I Thru I Right I App Total
06:00 AM 0 0 0 0
06 :15 AM 0 2 0 2
06 :30 AM 0 3 0 3
06 :45AM 0 7 0 7
Total 0 12 0 12
07 :00AM 0 1 0 1
07 :15 AM 0 1 0 1
07 :30AM 0 2 0 2
07 :45AM 0 2 0 2
Total 0 6 0 6
08 :00AM 0 0 0 0
08 :15 AM 0 0 0 0
08 :30AM 0 0 0 0
08 :45AM 0 0 0 0
Total 0 0 0 0
09:00AM 0 3 0 3
09 :15AM 0 0 0 0
09:30 AM 0 0 0 0
09 :45AM 0 3 0 3
Total 0 6 0 6
10:00AM 0 3 0 3
10 :15 AM 1 1 0 2
10:30AM 0 1 0 1
10 :45AM 0 0 0 0
Total 1 5 0 6
11:00AM 0 0 0 0
11:15AM 0 2 0 2
11:30AM 0 2 0 2
11 :45 AM 0 0 0 0
Total 0 4 0 4
12:00 PM 0 0 0 0
12:15 PM 0 0 0 0
12 :30 PM 0 0 0 0
12:45 PM 0 0 0 0
Total 0 0 0 0
01:00 PM 0 1 0 1
01 :15PM 0 0 0 0
01:30 PM 0 0 0 0
01:45 PM 0 0 0 0
Total 0 1 0 1
02:00 PM 0 0 0 0
02:15 PM 0 0 0 0
02:30 PM 0 0 0 0
02 :45 PM 1 0 0 1
Total 1 0 0 1
03 :00 PM J 0 0 0 al
Counts Unlimited, Inc.

PO Box 1178
Corona , CA 92878
(95 1 )268 -6268
G rouos P . t d L rm e -arce e e ices 2 Axl V h. I
Via Tuscany Da Vall Drive
Westbound Northbound
Left I Thru I Right I A PP -Total Left I Thru I Right I A pp. Total 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 1 0 0 1
0 0 0 0 0 0 0 0
0 0 0 0 1 0 0 1
0 0 0 0 0 1 0 1
0 0 0 0 0 2 1 3
0 0 0 0 0 1 0 1
0 1 0 1 1 0 0 1
0 1 0 1 1 4 1 6
0 0 0 0 0 2 0 2
0 0 0 0 1 1 0 2
0 0 0 0 2 1 0 3
0 0 0 0 1 0 0 1
0 0 0 0 4 4 0 8
0 0 1 1 0 1 0 1
0 0 0 0 0 1 0 1
0 0 0 0 0 1 0 1
1 0 0 1 0 1 0 1
1 0 1 2 0 4 0 4
0 0 0 0 0 0 0 0
1 0 0 1 0 2 0 2
0 0 0 0 1 1 0 2
0 0 0 0 1 0 1 2
1 0 0 1 2 3 1 6
0 0 0 0 0 0 0 0
0 0 0 0 1 1 0 2
1 0 0 1 0 3 2 5
1 0 0 1 0 0 1 1
2 0 0 2 1 4 3 8
1 0 0 1 0 0 1 1
0 0 0 0 1 1 0 2
0 0 0 0 0 0 1 1
0 0 0 0 0 3 0 3
1 0 0 1 1 4 2 7
0 0 0 0 0 1 1 2
0 2 0 2 1 1 1 3
3 0 0 3 0 1 0 1
0 0 0 0 0 2 0 2
3 2 0 5 1 5 2 8
0 0 0 0 0 1 0 1
0 0 0 0 1 2 2 5
1 0 0 1 0 6 1 7
0 0 1 1 0 3 0 3
1 0 1 2 1 12 3 16
0 0 1 I 0 0 1 I
PageA7
File Name : RNM _Da V_McC 12hr
Site Code : 12223091
Start Date : 1/25/2023
Page No : 1
McCallum Way
Eastbound
Left I Thru I Right I APP -To ta l Int. Total I
0 0 0 0 0
0 0 0 0 2
0 0 0 0 4
0 1 0 1 8
0 1 0 1 14
0 1 2 3 5
0 0 2 2 6
0 1 1 2 5
0 0 2 2 6
0 2 7 9 22
0 0 0 0 2
0 0 1 1 3
0 0 1 1 4
0 0 0 0 1
0 0 2 2 10
0 0 1 1 6
0 0 0 0 1
0 0 0 0 1
0 1 2 3 8
0 1 3 4 16
0 0 0 0 3
0 0 1 1 6
0 0 1 1 4
0 0 0 0 2
0 0 2 2 15
0 0 2 2 2
0 0 0 0 4
0 0 1 1 9
0 0 0 0 2
0 0 3 3 17
0 0 0 0 2
0 0 0 0 2
1 0 1 2 3
0 0 2 2 5
1 0 3 4 12
0 0 0 0 3
0 0 0 0 5
0 0 0 0 4
0 0 0 0 2
0 0 0 0 14
0 0 1 1 2
0 0 0 0 5
0 0 0 0 8
1 0 0 1 6
1 0 1 2 21
0 0 1 I 3

11-24
City of Rancho Mirage
N/S: Da Vall Drive
E/W: Mccallum WayNia Tuscany
Weather: Clear
I Da Vall Drive
Southbound
I Start Time Left I Thru I Right I App. Total
03:15 PM 0 1 0 1
03:30 PM 0 0 0 0
03:45 PM 0 0 0 0
Total 0 1 0 1
04:00 PM 0 0 0 0
04:15 PM 0 0 0 0
04:30 PM 0 0 0 0
04:45 PM 0 0 0 0
Total 0 0 0 0
05:00 PM 0 0 0 0
05:15 PM 0 0 0 0
05:30 PM 0 0 0 0
05:45 PM 0 0 0 0
Total 0 0 0 0
Grand Total I 2 35 0
37 1 Apprch % 5.4 94.6 0
Total% 1.1 20 0 21.1
Counts Unlimited , Inc.

PO Box 1178
Corona, CA 92878
(951 )268 -6268
Grouos Printed-Laree 2 Axle Vehicles
Via Tuscany Da Vall Drive
Westbound Northbound
Left I Thru I Right I App . Total Left I Thru I Right I App Total 1 0 0 1 0 1 1 2
0 0 0 0 0 3 0 3
1 0 0 1 0 2 0 2
3 0 0 3 0 7 1 8
1 0 0 1 0 1 0 1
0 0 0 0 1 1 0 2
0 0 0 0 1 1 0 2
0 1 0 1 0 2 0 2
1 1 0 2 2 5 0 7
0 0 0 0 1 2 0 3
0 0 0 0 0 0 0 0
0 0 0 0 0 3 0 3
0 0 0 0 0 3 0 3
0 0 0 0 1 8 0 9
13 4 2
19 1
15 60 13
88 1 68.4 21 .1 10 .5 17 68.2 14.8

7.4 2.3 1.1 10.9 8.6 34.3 7.4 50.3
File Name : RNM_Da V _McC 12hr
Site Code : 12223091
Start Date : 1/25/2023
Page No : 2
McCallumWay
Eastbound
Left I Thru I Right I APP . Total Int. Total I
0 1 1 2 6
0 0 0 0 3
0 0 0 0 3
0 1 2 3 15
0 0 0 0 2
0 0 0 0 2
0 0 1 1 3
0 0 0 0 3
0 0 1 1 10
0 0 0 0 3
0 0 0 0 0
0 0 0 0 3
0 0 0 0 3
0 0 0 0 9
2 5 24
31 I 175

6.5 16 .1 77.4

1.1 2 .9 13 .7 17 .7
Da Vall Drive Via Tuscany Da Vall Drive Mccallum Way
Southbound Westbound Northbound Eastbound
Start Time Left Thru Right App . Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Tota l Int. Total Peak Hour Analysis From 03 :15 PM to 04:00 PM -Peak 1 of 1 Peak Hour for Entire Intersection Begins at 03 : 15 PM
03 :15 PM 0 1 0 1 1 0 0 1 0 1 1 2 0 1 1 2 6
03 :30 PM 0 0 0 0 0 0 0 0 0 3 0 3 0 0 0 0 3
03:45 PM 0 0 0 0 1 0 0 1 0 2 0 2 0 0 0 0 3
04 :00 PM 0 0 0 0 1 0 0 1 0 1 0 1 0 0 0 0 2
Total Volume 0 1 0 1 3 0 0 3 0 7 1 8 0 1 1 2 14
%App. Total 0 100 0 100 0 0 0 87 .5 12.5 0 50 50
PHF .000 .250 .000 .250 .750 .000 .000 .750 .000 .583 .250 .667 .000 .250 .250 .250 .583 Page AB

11-25
City of Rancho Mirage
N/S: Da Vall Drive
E/W: Mccallum WayNia Tuscany
Weather : Clear
0 'lii_j'
...J
E.!: -2
.:! F___.
iii u ~8 LJ -:E u
Counts Unlimited, Inc .

PO Box 1178
Corona , CA 92878
(951 )268-6268
DaVall Drive
Out In ~FE I o 1
Total
c::=:fil
01 Left
4 Peak Hour Data
T
North
Peak Hour Begins at 03 : 15 P
Lare 2
~ T r
~
c:::fil ~ c::ru
Out In Total
Peak Hour Analysis From 03:15 PM to 04:00 PM -Peak 1 of 1 P kH f E hA hB t ea our or ac ,nnroac eains a :
03:15 PM 03 :15 PM 03 :15 PM
+0 mins. 0 1 0 1 1 0 0 1 0 1
+15 mins . 0 0 0 0 0 0 0 0 0 3
+30 mins. 0 0 0 0 1 0 0 1 0 2
+45 mins. 0 0 0 0 1 0 0 1 0 1
Total Volume 0 1 0 1 3 0 0 3 0 7
%App. Total 0 100 0 100 0 0 0 87.5
PHF .000 .250 .000 .250 .750 .000 .000 .750 .000 .583
PageA9
1 2
0 3
0 2
0 1
1 8

12.5 .250 .667
File Name
Site Code
Start Date
Page No
u □~ ::::r -o
: RNM_Da V_McC 12hr
: 12223091
: 1/25/2023
:3
s:; .,
-i -c
::, "'
"' fil ::,
r '<
+~"' Dr
03 :15 PM
0 1 1 2
0 0 0 0
0 0 0 0
0 0 0 0
0 1 1 2
0 50 50
.000 .250 .250 .250

11-26
City of Rancho Mirage
N/S: Da Vall Drive
E/W: Mccallum WayNia Tuscany
Weather : Clear
I Da Vall Drive
Southbound
I Start Time Left I Thru I Right I APP. Tot al
06 :00 AM 0 0 0 0
06 :15 AM 0 0 0 0
06:30AM 0 0 0 0
06 :45 AM 0 0 0 0
Total 0 0 0 0
07 :00 AM 0 0 0 0
07:15AM 0 0 0 0
07:30 AM 0 0 0 0
07 :45AM 0 0 0 0
Total 0 0 0 0
08 :00 AM 0 0 0 0
08 :15 AM 0 0 0 0
08:30AM 0 0 0 0
08:45 AM 0 0 0 0
Total 0 0 0 0
09:00AM 0 0 0 0
09:15AM 0 0 0 0
09 :30AM 0 0 0 0
09:45AM 0 0 0 0
Total 0 0 0 0
10:00AM 0 0 0 0
10:15 AM 0 0 0 0
10:30AM 0 0 0 0
10:45 AM 0 0 0 0
Total 0 0 0 0
11 :00 AM 0 0 0 0
11 :15 AM 0 0 0 0
11 :30 AM 0 0 0 0
11 :45 AM 0 0 0 0
Total 0 0 0 0
12 :00 PM 0 0 0 0
12:15 PM 0 0 0 0
12:30 PM 0 0 0 0
12:45 PM 0 0 0 0
Total 0 0 0 0
01:00 PM 0 0 0 0
01:15 PM 0 0 0 0
01:30 PM 0 0 0 0
01 :45 PM 0 0 0 0
Total 0 0 0 0
02 :00 PM 0 0 0 0
02 :15 PM 0 0 0 0
02 :30 PM 0 0 0 0
02 :45 PM 0 0 0 0
Total 0 0 0 0
03 :00 PM I 0 0 0 al
Counts Unlimited , Inc.

PO Box 1178
Corona, CA 92878
(951 )268-6268
Grouos Printed-3 Axle Vehicles
Via Tuscany Da Vall Drive
Westbound Northbound
Left I Thru I Right I A pp Total Left I Thru I Right I A pp. Tota l 0 0 0 0 1 0 0 1
0 0 0 0 0 0 0 0
0 0 0 0 0 1 0 1
0 0 0 0 0 0 0 0
0 0 0 0 1 1 0 2
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 al 0 0 0 al
Page A1 0
File Name : RNM _Da V _McC 12hr
Site Code : 12223091
Start Date : 1/25/2023
Page No : 1
Mccallum Way
Eastbound
Left I Thru I Right I A pp. Tota l Int. Total I
0 0 0 0 1
0 0 0 0 0
0 0 0 0 1
0 0 0 0 0
0 0 0 0 2
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 a l 0

11-27
City of Rancho Mirage
N/S : Da Vall Drive
E/W: McCallum WayNia Tuscany
Weather: Clear
I Da Vall Drive
Southbound
I Start Time Left I Thru I Riiiht I APP Total
03 :15 PM 0 0 0 0
03:30 PM 0 0 0 0
03 :45 PM 0 0 0 0
Total 0 0 0 0
04:00 PM 0 0 0 0
04:15 PM 0 0 0 0
04:30 PM 0 0 0 0
04 :45 PM 0 0 0 0
Total 0 0 0 0
05 :00 PM 0 0 0 0
05 :15 PM 0 0 0 0
05:30 PM 0 0 0 0
05:45 PM 0 0 0 0
Total 0 0 0 0
Grand Total I 0 0 0
:1 Apprch % 0 0 0
Total% 0 0 0
Counts Unlimited , Inc .

PO Box 1178
Corona , CA 92878
(951 )268 -6268
G rouos rm e -e e ices P. t d 3 Axl V h' I
Via Tuscany Da Vall Drive
Westbound Northbound
Left I Thru I Riiiht I APP . Total Left I Thru I Riiiht I APP Total 0 0 0 0 0 1 0 1
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 1 0 1
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0
:1
1 2 0
10: I 0 0 0 33 .3 66.7 0
0 0 0 33 .3 66.7 0
File Name : RNM _Da V _McC 12hr
Site Code : 12223091
Start Date : 1/25/2023
Page No : 2
McCallum Way
Eastbound
Left I Thru I Riiiht I APP . Total Int. Total I
0 0 0 0 1
0 0 0 0 0
0 0 0 0 0
0 0 0 0 1
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0
:1
3 0 0 0
0 0 0
Da Vall Drive Via Tuscany Da Vall Drive Mccallum Way
Southbound Westbound Northbound Eastbound
Start Time Left Thru Right App . Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App . Total Int. Total Peak Hour Analysis From 03 :15 PM to 04 :00 PM -Peak 1 of 1 Peak Hour for Entire Intersection Begins at 03:15 PM
03 :15 PM 0 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 1
03 :30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
03 :45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ' 0 0 0
04 :00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Total Volume 0 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 1
%App . Total 0 0 0 0 0 0 0 100 0 0 0 0
PHF .000 .000 .000 .000 .000 .000 .000 .000 .000 .250 .000 .250 .000 .000 .000 .000 .250 Page A11

11-28
City of Rancho Mirage
N/S : Da Vall Drive
E/W: McCallum WayNia Tuscany
Weather: Clear
!u -0 '5;J
>, -...J ~ 'Li--
E c: 02
.:?-.c:_____.
'iii t-
'd o-:; 8LJ .c:
~ h
-
Counts Unlimited, Inc.

PO Box 1178
Corona, CA 92878
(951 )268-6268
Da Vall Drive
Out In Total
c:::TI ~ c:::TI I I I 017 ol :r Tr LC
Peak Hour Data
i
North
I Peak Hour Begins at 03 : 15 Pf
3 Axle Vehicles
~ i r
~
c::m ~ c:::TI
Out In Total
n~,, ... 11 nriuo
Peak Hour Analysis From 03:15 PM to 04 :00 PM -Peak 1 of 1 P H f A hB . eak our or Each ,ooro ac eams at:
03:15 PM 0 3:15 PM 03:15 PM
+0 mins. 0 0 0 0 0 0 0 0 0 1
+15 mins. 0 0 0 0 0 0 0 0 0 0
+30 mins. 0 0 0 0 0 0 0 0 0 0
+45 mins . 0 0 0 0 0 0 0 0 0 0
Total Volume 0 0 0 0 0 0 0 0 0 1
%App . Tota l 0 0 0 0 0 0 0 100
PHF .000 .000 .000 .000 .000 .000 .000 .000 .000 .250
Page A12
0 1
0 0
0 0
0 0
0 1
0 .000 .250
File Name
Site Code
Start Date
Page No
-□~ u -
: RNM_Da V_McC 12hr
: 12223091
: 1/25/2023
:3
::T -o ~~~ f-
4-------;;I
:, "' 20 £ :,
'< r □i ~gi,2-
03:15 PM
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0
.000 .000 .000 .000

11-29
City of Rancho Mirage
N/S: Da Vall Drive
E/W: Mccallum WayNia Tuscany
Weather: Clear
I Da Vall Drive
Southbound
I Start Time Left I Thru I Riaht I ADD. Total
06 :00 AM 0 0 0 0
06:15 AM 0 0 0 0
06:30 AM 0 0 0 0
06 :45 AM 0 0 0 0
Total 0 0 0 0
07 :00AM 0 0 0 0
07 :15AM 0 0 0 0
07 :30AM 0 0 0 0
07 :45AM 0 0 0 0
Total 0 0 0 0
08 :00AM 0 0 0 0
08:15AM 0 0 0 0
08 :30AM 0 0 0 0
08:45 AM 0 0 0 0
Total 0 0 0 0
09:00 AM 0 0 0 0
09:15 AM 0 0 0 0
09:30AM 0 0 0 0
09:45AM 0 0 0 0
Total 0 0 0 0
10:00 AM 0 0 0 0
10:15 AM 0 0 0 0
10:30 AM 0 0 0 0
10:45AM 0 0 0 0
Total 0 0 0 0
11:00 AM 0 0 0 0
11 :15 AM 0 0 0 0
11 :30 AM 0 0 0 0
11 :45 AM 0 0 0 0
Total 0 0 0 0
12 :00 PM 0 0 0 0
12 :15 PM 0 0 0 0
12 :30 PM 0 0 0 0
12 :45 PM 0 0 0 0
Total 0 0 0 0
01 :00 PM 0 0 0 0
01:15PM 0 0 0 0
01:30 PM 0 0 0 0
01:45 PM 0 0 0 0
Total 0 0 0 0
02 :00 PM 0 0 0 0
02 :15 PM 0 0 0 0
02 :30 PM 0 0 0 0
02:45 PM 0 0 0 0
Total 0 0 0 0
03 :00 PM I 0 0 0 a l
Counts Unlimited, Inc.

PO Box 1178
Corona , CA 92878
(951 )268-6268
G rouos nnte -4+ e rue s P . d Axl T k
Via Tuscany Da Vall Drive
Westbound Northbound
Left I Thru I Riaht I ADD. Total Left I Thru I Riaht I A DD . Total 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 1 0 1
0 0 0 0 0 1 0 1
0 0 0 0 0 0 1 1
0 0 0 0 0 2 0 2
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 2 1 3
1 0 0 1 0 0 0 0
0 0 0 0 0 2 0 2
0 0 0 0 0 1 0 1
0 0 0 0 0 0 0 0
1 0 0 1 0 3 0 3
0 0 0 a l 0 0 0 a l
Page A13
File Name : RNM_Da V_McC 12hr
Site Code : 12223091
Start Date : 1/25/2023
Page No : 1
Mccallum Way
Eastbound
Left I Thru I Riaht I ADD . Total Int. Total I
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 1
0 0 0 0 1
0 0 0 0 1
0 0 0 0 2
0 0 0 0 0
0 0 0 0 0
0 0 0 0 3
0 0 0 0 1
0 0 0 0 2
0 0 0 0 1
0 0 0 0 0
0 0 0 0 4
0 0 1 I

11-30
City of Rancho Mirage
N/S : Da Vall Drive
E/W: McCallum WayNia Tuscany
Weather: Clear
I Da Vall Drive
Southbound
I Start Time Left I Thru I Riehl I ADD. Total
03 :15 PM 1 0 0 1
03:30 PM 0 0 0 0
03:45 PM 0 0 0 0
Total 1 0 0 1
04:00 PM 0 2 0 2
04:15 PM 0 0 0 0
04:30 PM 0 0 0 0
04:45 PM 0 0 0 0
Total 0 2 0 2
05:00 PM 0 0 0 0
05 :15 PM 0 0 0 0
05 :30 PM 0 0 0 0
05:45 PM 0 0 0 0
Total 0 0 0 0
Grand Total I 1 2 0

10.: I
Apprch % 33 .3 66.7 0
Total% 3.6 7.1 0
Counts Unlimited , Inc.

PO Box 1178
Corona, CA 92878
(951 )268 -6268
Grouos Printed-4+ Axle Trucks
Via Tuscany Da Vall Drive
Westbound Northbound
Left I Thru I Right I ADD . Total Left I Thru I Right I App. Total 0 0 0 0 1 3 0 4
0 0 0 0 0 0 0 0
0 0 0 0 1 1 0 2
0 0 0 0 2 4 0 6
1 0 0 1 0 0 0 0
0 0 0 0 0 0 1 1
0 0 0 0 0 1 1 2
0 0 1 1 0 2 0 2
1 0 1 2 0 3 2 5
1 0 0 1 0 0 0 0
0 0 0 0 0 1 0 1
0 0 0 0 0 0 0 0
0 0 0 0 1 0 0 1
1 0 0 1 1 1 0 2
3 0 1
14 .: I
3 14 3
20 I 75 0 25 15 70 15

10.7 0 3.6 10.7 50 10.7 71.4
File Name : RNM _Da V_McC 12hr
Site Code : 12223091
Start Date : 1/25/2023
Page No : 2
McCallum Way
Eastbound
Left I Thru I Right I App. Total Int. Total I
0 0 0 0 5
0 0 0 0 0
0 0 0 0 2
0 0 1 1 8
0 0 0 0 3
0 0 0 0 1
0 0 0 0 2
0 0 0 0 3
0 0 0 0 9
0 0 0 0 1
0 0 0 0 1
0 0 0 0 0
0 0 0 0 1
0 0 0 0 3
0 0 1

3.: I
28 0 0 100
0 0 3.6
Da Vall Drive Via Tuscany Da Vall Drive Mccallum Way
Southbound Westbound Northbound Eastbound
Start Time Left Thru Right App. Total Left Thru Right App. Tota l Left Thru Right App. To tal Left Thru Right App. Total Int. Total Peak Hour Analysis From 03 :15 PM to 04:00 PM -Peak 1 of 1 Peak Hour for Entire Intersection Begins at 03:15 PM
03 :15 PM 1 0 0 1 0 0 0 0 1 3 0 4 0 0 0 0 5
03 :30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
03:45 PM 0 0 0 0 0 0 0 0 1 1 0 2 0 0 0 0 2
04:00 PM 0 2 0 2 1 0 0 1 0 0 0 0 0 0 0 0 3
Total Volume 1 2 0 3 1 0 0 1 2 4 0 6 0 0 0 0 10
%App. Total 33 .3 66.7 0 100 0 0 33.3 66.7 0 0 0 0
PHF .250 .250 .000 .375 .250 .000 .000 .250 .500 .333 .000 .375 .000 .000 .000 .000 .500 Page A14

11-31
City of Rancho Mirage
N/S: Da Vall Drive
ENV: McCallum WayNia Tuscany
Weather: Clear
~□ ~ 0 ~_j
>, _J ~ 'LJ-E.!: 02
.:! i=------.
iii
<i:l o-
:. 8LJ .c: -u
~
Counts Unlimited , Inc.

PO Box 1178
Corona, CA 92878
(951 )268-6268
Da Vall Drive
Out In Total
~157;~ I a l____..£_ 11
,ht Tr Le
Peak Hour Data
i
North
I Peak Hour Begins at 03 : 15 Pf
4+ Axle Trucks
~ i ~
~ ~ ~ ~
Out In Total
n!:I ., .. 11 n,;~ ......

Peak Hour Analysis From 03:15 PM to 04 :00 PM -Peak 1 of 1 P kH f E hA hB . t ea our or ac ,ooroac eains a:
03 :15 PM 03 :15 PM 03 :15 PM
+0 mins . 1 0 0 1 0 0 0 0 1 3
+15 mins. 0 0 0 0 0 0 0 0 0 0
+30 mins . 0 0 0 0 0 0 0 0 1 1
+45 mins . 0 2 0 2 1 0 0 1 0 0
Total Volume 1 2 0 3 1 0 0 1 2 4
%App. Total 33 .3 66 .7 0 100 0 0 33 .3 66 .7
PHF .250 .250 .000 .375 .250 .000 .000 .250 .500 .333
Page A15
0 4
0 0
0 2
0 0
0 6
0 .000 .375
File Name
Site Code
Start Date
Page No
-u f--□~ =r -o
: RNM_Da V_McC 12hr
: 12223091
: 1/25/2023
:3
<
..__;I -o c-;
20 :::, "' fil :::,
r '< +~ ~ □~ -
03 :15 PM
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0
.000 .000 .000 .000

11-32
location :

N/S :

E/W :

Rancho Mirage
Da Vall Drive
McCall um WayNia Tuscany
Time
6:00AM
6:15AM
6:30AM
6:45AM
7 :00AM
7 :15AM
7:30AM
7:45AM
8:00AM
8:15 AM
8:30AM
8:45 AM
9:00AM
9:15AM
9:30AM
9:45AM
10:00AM
10:15AM
10:30AM
10:45AM
11:00AM
11 :15 AM
11:30AM
11:45 AM
12:00 PM
12:15 PM
12:30 PM
12:45 PM
1:00 PM
1:15 PM
1:30PM
1:45 PM
2:00 PM
2:15 PM
2:30 PM
2:45 PM
3:00 PM
3:15 PM
3:30 PM
3:45 PM
4:00 PM
4 :15 PM
4:30 PM
4:45 PM
5:00 PM
5:15 PM
5:30 PM
5 :45 PM
TOTAL VOLUMES:

North Leg
Da Vall Drive
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
2 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
2 PEDESTRIANS
East Leg
Via Tu scany
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
2 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
1 1
0 0
0 0
0 0
0 0
0 0
4 Counts Unlimited, Inc.

PO Box 1178
C~fflU8
951~68-6268
South Leg
Da Vall Drive
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
1 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
1 West Leg
Mccallum Way
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Date : 1/2S/2023
Day Wednesday
TOTAL
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
4 0
0 0
1 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
1 1
0 0
0 0
0 0
0 0
0 0
7 11-33
location :

N/5:

Rancho Mirage
Oa Vall Dr ive
E/W: Mccallum Way/Via Tuscany
Southbound
Da Vall Drive
Left Thru
6 :00AM 0 0
6:15 AM a a
6 :30 AM a a
6 :45 AM a a
7:00AM a a
7:15 AM a a
7 :30 AM a a
7:45 AM a a
8 :00AM a a
8 :15 AM a a
8 :30AM a a
8 :45 AM 0 0
9:00AM 0 0
9:15 AM 0 0
9 :30 AM a a
9:45 AM a a
10:00AM a a
10:15 AM a a
10:30AM a a
10:45AM a a
11 :00AM a a
11 :15 AM a a
11:30AM 1 1
11:45 AM a a
12 :00 PM a a
12:15 PM a a
12 :30 PM a a
12:45 PM a a
1:00PM 0 a
1:15 PM 0 a
1:30 PM a a
1 :45 PM a a
2 :00 PM a 0
2 :15 PM a a
2:30 PM 0 a
2:45 PM 0 0
3:0 0 PM 0 0
3:15 PM 0 0
3:30 PM 0 1
3 :45 PM 0 1
4 :00 PM 0 0
4 :15 PM a a
4 :30 PM a a
4 :45 PM a a
5:00 PM a a
5:15 PM a a
5:30 PM a a
5:45 PM 0 0
TOTAL VOL UMES: 1 3
Ri ght
0 a
a
a
a
0 1
a
0 a
1 0
0 a
a
a
0 a
a
a
a
a
a
a
a
a
a
a
a
a
a
a
a
0 0
a
0 0
0 0
0 a
a
a
a
0 0
0 2
Left
0 a
a
a
a
a
a
a
a
0 a
0 a
a
a
a
a
0 0
a
a
a
a
0 0
0 a
a
a
a
a
a
0 0
0 0
0 0
0 0
0 a
a
a
a
0 0
0 0

BICYCLES
Westbound
Via Tu scany
Thru Right Left
0 0 0
a a a
a a a
a a a
a a a
0 a 0
a a a
a a a
a a a
0 0 0
a a a
0 a 0
a a a
a a 0
0 a a
a 0 a
a 0 a
a a a
a a a
a a a
a a a
a a 0
a a a
a 0 a
a a a
a a a
0 a 0
a a 0
0 a 0
1 a 1
a a 0
a a a
a a a
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 1
a a a
a a a
a a 1
a a a
a a 0
a a a
a 0 a
1 a 3
Co un ts Unlim ited, In c.

PO Box 1178
C~fflf'8
lisil!GB-6268
Northbound
Da Vall Drive
Thru Right Left
a a a
a a a
a a a
a a a
a a a
a a a
a a a
a a a
a a a
0 1 a
1 0 1
0 0 a
12 a a
a a a
1 a a
a a a
1 0 a
a 0 a
0 0 a
a 0 a
2 1 a
1 0 a
1 a a
a 0 a
a a a
a 0 0
a a 0
4 a a
a a a
a a a
1 a a
a a a
a a a
0 0 0
1 0 0
a 0 0
a 0 0
0 0 0
1 0 0
a 0 a
1 a a
1 a a
a 0 a
a a a
a a a
a a a
1 a 0
a 0 a
29 2 1
Eastbound
Mccallum Way
Thru
a
a
a
a
a
0 a
a
a
a
0 0
a
a
a
a
a
a
a
a
a
0 a
a
a
a
0 1
0 0
0 a
0 0
0 0
0 0
0 a
a
a
a
a
a
0 a
a
1 Date: 1/25/2023
Day : Wedn esday
Ri g ht
a a
a 0
a 0
a a
a a
a a
a 1
1 1
a a
1 2
0 3
0 0
a 12
a 0
a 1
a 0
a 1
a 0
a a
a a
1 4
0 1
a 3
a 0
0 0
a a
a a
a 5
a a
0 2
3 4
a a
a a
0 0
0 1
2 2
0 0
0 0
0 2
0 1
a 2
a 1
a 0
a 1
a a
a a
a 1
a 0
8 51

11-34
Da Vall Drive&McCallum Way/Via Tuscany_ ________________ Multi-Way Stop Control Warrant Appendix B:

Segment Traffic Counts
Michael Baker

IN TERNATIONAL

11 -
3 5
Counts Unlimited, Inc. Page 1
City of Rancho Mirage PO Box 1178
Da Vall Drive Corona, CA 92878
B/ McCallum Way -Via Firenza (951) 268-6268 RNC001CL
24 Hour Di rectiona l Classification Count email: counts@countsunlimited .com Site Code: 235-23090 Northbound
Start Cars & 2Axle 2Axle 3Axle 4Axle 6Axl 6Axl
Time Bikes Trai lers Long Buses 6 Tire Single Sing le Double Double Double Multi Multi Multi Total 01/25/23 0 7 1 0 0 0 0 0 0 0 0 0 0 8
01 :00 0 2 1 0 0 0 0 0 0 0 0 0 0 3
02 :00 0 7 2 0 1 0 0 0 0 0 0 0 0 10
03:00 0 10 3 0 0 0 0 0 0 0 0 0 0 13
04 :00 0 21 12 0 2 0 0 0 0 0 0 0 0 35
05 :00 0 51 27 1 2 0 0 0 0 0 0 0 0 81
06:00 0 138 54 0 14 0 0 3 0 0 0 0 0 209
07:00 2 324 94 0 22 0 0 10 0 0 0 0 0 452
08:00 1 258 69 0 10 0 0 2 0 0 0 0 0 340
09:00 0 221 56 0 16 0 0 1 0 0 0 0 0 294
10 :00 1 160 69 1 20 0 0 6 0 0 0 0 0 257
11 :00 0 166 53 3 9 0 0 1 0 0 0 0 0 232
12 PM 0 158 65 1 12 0 0 1 0 0 0 0 0 237
13:00 0 161 67 0 13 0 0 1 0 0 0 0 0 242
14 :00 0 168 50 1 13 0 0 3 0 0 0 0 0 235
15 :00 1 196 58 0 11 0 0 4 0 0 0 0 0 270
16:00 1 204 57 0 19 0 0 2 0 0 0 0 0 283
17:00 0 145 50 0 6 0 0 1 0 0 0 0 0 202
18 :00 0 128 26 0 6 0 0 0 0 0 0 0 0 160
19 :00 0 90 13 0 4 0 0 0 0 0 0 0 0 107
20:00 0 50 13 0 3 0 0 0 0 0 0 0 0 66
21 :00 0 49 6 0 1 0 0 0 0 0 0 0 0 56
22:00 0 32 1 0 0 0 0 0 0 0 0 0 0 33
23 :00 0 19 3 0 1 0 0 0 0 0 0 0 0 23
Total 6 2765 850 7 185 0 0 35 0 0 0 0 0 3848
Percent 0.2% 71.9% 22.1% 0 .2% 4 .8% 0.0% 0.0% 0.9% 0.0% 0.0% 0.0% 0.0% 0.0% AM Peak 07:00 07 :00 07 :00 11 :00 07 :00 07 :00 07 :00 Vol. 2 324 94 3 22 10 452
PM Peak 15:00 16:00 13:00 12 :00 16 :00 15 :00 16:00
Vol. 1 204 67 1 19 4 283
Grand 6 2765 850 7 185 0 0 35 0 0 0 0 0 3848 Total
Percent 0.2% 71 .9% 22 .1% 0.2% 4 .8% 0.0% 0.0% 0.9% 0.0% 0 .0% 0 .0% 0 .0% 0 .0% Page B1

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3 6
Counts Unlimited, Inc. Page 2
City of Ran cho Mirage PO Box 1178
Da Vall Drive Corona, CA 92878
8/ Mccallum Way -Via Firenza (951) 268-6268 RNC001CL
24 Hour Directiona l Classification Count email: [email protected] Site Code: 235-23090 Southbound
Start Cars & 2Axle 2Axle 3Axle 4Axle 6Axl 6Axl
Time Bikes Trailers Long Buses 6 Tire Single Single Double Double Double Multi Multi Multi Total 01/25/23 0 23 1 0 1 0 0 0 0 0 0 0 0 25
01 :00 0 10 2 0 0 0 0 0 0 0 0 0 0 12
02:00 0 2 2 0 0 0 0 0 0 0 0 0 0 4
03:00 0 8 0 0 0 0 0 0 0 0 0 0 0 8
04 :00 0 12 2 0 0 0 0 0 0 0 0 0 0 14
05:00 0 13 4 1 0 0 0 0 0 0 0 0 0 18
06 :00 0 46 18 0 4 2 0 1 0 0 0 0 0 71
07 :00 2 151 35 0 10 0 0 1 0 0 0 0 0 199
08 :00 0 161 48 2 11 1 0 3 0 0 0 0 0 226
09:00 1 100 41 1 13 0 0 3 0 0 0 0 0 159
10:00 1 144 47 0 17 0 0 3 0 0 0 1 0 213
11 :00 1 165 68 0 12 1 0 1 0 0 1 0 0 249
12 PM 3 214 77 1 11 0 0 7 0 0 0 0 0 313
13:00 4 195 65 2 9 0 0 2 1 0 1 0 0 279
14:00 2 210 85 1 14 0 1 8 0 0 0 0 0 321
15:00 5 324 92 0 23 1 0 17 0 0 0 0 0 462
16:00 3 359 121 2 23 0 0 11 0 0 0 0 0 519
17:00 1 360 96 0 20 1 1 10 0 0 0 2 0 491
18 :00 1 261 49 0 11 0 0 3 0 0 0 0 0 325
19 :00 0 157 35 1 6 0 0 2 0 0 0 0 0 201
20 :00 0 147 26 0 8 0 0 0 0 0 0 0 0 181
21 :00 1 131 16 0 8 0 1 1 0 0 0 0 0 158
22 :00 0 84 10 0 1 0 0 0 0 0 0 0 0 95
23:00 0 52 10 0 0 0 0 0 0 0 0 0 0 62
Total 25 3329 950 11 202 6 3 73 1 0 2 3 0 4605
Percent 0 .5% 72 .3% 20 .6% 0 .2% 4.4% 0.1% 0 .1 % 1.6% 0.0% 0 .0% 0.0% 0.1% 0.0% AM Peak 07 :00 11 :00 11 :00 08:00 10 :00 06:00 08 :00 11 :00 10 :00 11 :00 Vo l. 2 165 68 2 17 2 3 1 1 249
PM Peak 15 :00 17:00 16 :00 13:00 15:00 15 :00 14 :00 15:00 13:00 13:00 17:00 16:00 Vol. 5 360 121 2 23 1 1 17 1 1 2 519
Grand 25 3329 950 11 202 6 3 73 1 0 2 3 0 4605
Total
Percent 0 .5% 72.3% 20.6% 0 .2% 4.4% 0 .1% 0 .1% 1.6% 0.0% 0 .0% 0 .0% 0 .1 % 0.0% Page B2

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3 7
Counts Unlimited, Inc. Page 3
C ity of Rancho Mirage PO Box 1178
Da Vall Drive Corona , CA 92878
B/ Mccallum Way -Via Firenza (951) 268-6268 RNC001CL
24 Hour Directional Classification Count email : counts@countsunlimited .com Site Code: 235-23090 Northbound Southbound
Start Cars & 2Axle 2Axle 3Axle 4Axle 6Axl 6Axl
Time Bikes Trailers Long Buses 6 Tire Single Single Double Double Double Multi Multi Multi Total 01/25/23 0 30 2 0 1 0 0 0 0 0 0 0 0 33
01:00 0 12 3 0 0 0 0 0 0 0 0 0 0 15
02:00 0 9 4 0 1 0 0 0 0 0 0 0 0 14
03 :00 0 18 3 0 0 0 0 0 0 0 0 0 0 21
04:00 0 33 14 0 2 0 0 0 0 0 0 0 0 49
05:00 0 64 31 2 2 0 0 0 0 0 0 0 0 99
06:00 0 184 72 0 18 2 0 4 0 0 0 0 0 280
07:00 4 475 129 0 32 0 0 11 0 0 0 0 0 651
08:00 1 419 117 2 21 1 0 5 0 0 0 0 0 566
09:00 1 321 97 1 29 0 0 4 0 0 0 0 0 453
10:00 2 304 116 1 37 0 0 9 0 0 0 1 0 470
11 :00 1 331 121 3 2 1 1 0 2 0 0 1 0 0 481
12 PM 3 372 142 2 23 0 0 8 0 0 0 0 0 550
13:00 4 356 132 2 22 0 0 3 1 0 1 0 0 521
14 :00 2 378 135 2 27 0 1 11 0 0 0 0 0 556
15 :00 6 520 150 0 34 1 0 21 0 0 0 0 0 732
16:00 4 563 178 2 42 0 0 13 0 0 0 0 0 802
17 :00 1 505 146 0 26 1 1 11 0 0 0 2 0 693
18:00 1 389 75 0 17 0 0 3 0 0 0 0 0 485
19:00 0 247 48 1 10 0 0 2 0 0 0 0 0 308
20 :00 0 197 39 0 11 0 0 0 0 0 0 0 0 247
21 :00 1 180 22 0 9 0 1 1 0 0 0 0 0 214
22 :00 0 1 16 11 0 1 0 0 0 0 0 0 0 0 128
23 :00 0 71 13 0 1 0 0 0 0 0 0 0 0 85
Total 31 6094 1800 18 387 6 3 108 1 0 2 3 0 8453
Percent 0 .4% 72 .1% 2 1.3% 0 .2% 4 .6% 0 .1% 0 .0% 1.3% 0 .0% 0 .0% 0 .0% 0.0% 0 .0% AM Peak 07 :00 07:00 07 :00 11 :00 10 :00 06 :00 07:00 11 :00 10:00 07 :00 Vol. 4 475 129 3 37 2 11 1 1 651
PM Peak 15:00 16:00 16 :00 12 :00 16:00 15 :00 14:00 15:00 13 :00 13:00 17:00 16:00 Vol. 6 563 178 2 42 1 1 21 1 1 2 802
Grand 31 6094 1800 18 387 6 3 108 1 0 2 3 0 8453 Total
Percent 0.4% 72 .1% 21 .3% 0 .2% 4.6% 0 .1% 0 .0% 1.3% 0 .0% 0 .0% 0 .0% 0 .0% 0 .0% Page B3

11 -
3 8
Counts Unlimited, Inc . Page 1
City of Rancho Mirage PO Box 1178
Da Vall Drive Corona, CA 92878
B/ McCallum Way -Via Fiernza (951) 268-6268 RNC001SP
24 Hour Directional Speed Survey email : [email protected] Site Code: 122-23091 Northbound
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total
01/25/23 0 0 0 1 1 0 0 3 3 0 0 0 0 0 8
01:00 0 0 0 0 0 1 1 0 0 1 0 0 0 0 3
02:00 0 0 0 0 0 2 2 1 2 3 0 0 0 0 10
03 :00 0 0 0 0 0 2 2 2 4 2 0 0 0 1 13
04 :00 0 0 0 0 0 2 9 12 8 1 2 0 1 0 35
05 :00 0 0 0 3 4 9 22 16 16 4 6 1 0 0 81
06 :00 0 0 0 0 2 20 44 69 54 9 6 4 1 0 209
07 :00 2 0 1 3 15 30 124 160 89 21 6 2 0 0 453
08:00 0 0 0 0 1 29 103 124 61 17 5 0 0 0 340
09 :00 0 0 0 0 4 34 73 98 62 19 4 0 0 0 294
10:00 2 1 1 1 9 28 80 76 43 12 3 1 0 0 257
11 :00 1 0 0 5 6 39 61 67 33 15 4 1 0 0 232
12 PM 0 0 0 1 2 26 77 70 46 12 3 0 0 0 237
13 :00 0 0 0 4 3 20 52 83 63 11 4 1 1 0 242
14 :00 0 0 0 3 4 19 59 78 50 21 1 0 0 0 235
15 :00 0 0 1 1 2 21 65 96 61 15 7 0 1 0 270
16 :00 0 0 0 1 9 28 73 93 64 13 2 0 0 0 283
17:00 3 0 0 0 4 20 56 62 42 11 2 1 1 0 202
18:00 2 0 0 2 7 20 54 42 28 3 0 2 0 1 161
19 :00 0 0 1 0 4 7 25 36 25 7 2 0 0 0 107
20:00 0 0 0 1 0 13 13 24 9 5 1 0 0 0 66
21:00 0 0 0 0 1 5 16 13 16 4 1 0 0 0 56
22 :00 0 0 0 0 1 3 6 7 10 6 0 0 0 0 33
23:00 0 0 0 0 0 2 9 5 5 2 0 . 0 0 0 23
Tota l 10 1 4 26 79 380 1026 1237 794 214 59 13 5 2 3850 Daily 15th Percentile : 40MPH
50th Percentile : 46MPH
85th Percentile : 53MPH
95th Percentile : 57 MPH
Statistics Mean Speed(Average): 47 MPH
10 MPH Pace Speed : 41 -50 MPH
Number in Pace : 2263
Percent in Pace : 58 .8%
Number of Vehicles > 55 MPH : 293
Percent of Veh icles > 55 MPH : 7.6%

Page 84 ends

Rancho Mirage City CouncilSeptember 7, 2023

Rancho Mirage City Council
September 7, 2023