CC12 — Rancho Mirage City Council, October 19, 2023 (part 1 of 28)

AGENDA ITEM #

STAFF REPORT

TO: Mayor and City Council DATE: October 19, 2023

FROM: Ben Torres, Planning Manager

SUBJECT: Environmental Assessment Case No. EA22-0019, Annexation Case No. ANN22- 0001, General Plan Zoning Map Amendment Case No. GPZMA22-0003, and Specific Plan Case No. SP23-0001 – Section 24 Annexation Pre-Zoning

SPECIFIC REQUEST OR RECOMMENDATION

That the City Council:

A. Adopt Resolution No. 2023-(Next-in-Order), Approving the use of the Tribal Environmental Impact Statement, Adopting the Mitigation Monitoring and Reporting Program, Adopting a Statement of Overriding Considerations, and Finding the Proposed Project Exempt from CEQA pursuant to CEQA Guidelines Section 15061(b) (3) and 15162.

B. Adopt Resolution No. 2023-(Next-in-Order), Approving a General Plan Zoning Map Amendment (GPZMA22-0003) Designating the 257 Acres Mixed Use (M-U); and

C. Approve and Introduce Ordinance No. (Next-in-Order), 1st Reading, Approving the Section 24 Specific Plan (SP23-0001) for the 257-Acre Project Site.

JUSTIFICATION OR INFORMATION

PROJECT SUMMARY
The project site occupies approximately 257 acres of mostly vacant undeveloped land within the reservation of the Agua Caliente Band of Cahuilla Indians (Tribe) and within the City’s Sphere of Influence. The site is currently in the annexation process with the Local Agency Formation Commission (LAFCO) to be annexed into Rancho Mirage, but the application is pending the outcome of the subject requests. Pre-zoning must be established as part of LAFCO’s application process.

The project site is currently subject to the Tribe approved Section 24 Specific Plan, as the land is currently within the Tribal Reservation. Pursuant to the Section 24 Specific Plan, the project site has already been approved by the Tribe for the potential development of up to 3,138,600 square feet of commercial, retail, office, restaurant, hotel and entertainment uses, and up to 1,206 multifamily residential units. The Tribe prepared and approved the Section 24 Specific Plan to guide the development of 576 acres of Tribal Reservation Land bounded by Ramon Road on the North, Bob Hope Drive on the east, Dinah Shore Drive on the south, and Los Alamos Road on the west in 2015. A General Plan/Zoning Map Amendment is proposed to 12-1

DATE: October 19, 2023 Page 2 of 4
EA22-0019, ANN22-0001, GPZMA22-0003, & SP23-0001

JUSTIFICATION OR INFORMATION CONTINUED

AGENDA ITEM #

amend the existing General Plan Zoning Map proposed designations of the project site to be consistent with the currently applicable and effective Tribe approved Section 24 Specific Plan.

Pursuant to the City’s General Plan Zoning Map, the project site consists of Medium Density Residential (R-M), High Density Residential (R-H), and Community Commercial (C-C). Upon adoption of the General Plan Zoning Map Amendment, the entire project area is proposed to have an underlying designation of Mixed Use (M-U) and the Tribe’s existing Section 24 Specific Plan is proposed to be adopted to establish seven (7) Planning areas within the subject site.

The property the City is proposing to annex and amend the pre-zoning designation for is only the Tribal Planning Areas (1-7) identified in the Section 24 Specific Plan. The remainder of the Section 24 Specific Plan area had been adopted and annexed with the Pulte/Del Webb project.

It’s important to note that there are no development projects currently proposed with the Specific Plan. The Specific Plan would serve as the land use document guiding future development.

PLANNING COMMISSION
On September 28, 2023, the Planning Commission conducted a duly noticed public hearing to consider the Project. During the public hearing, one member of the public spoke regarding construction contractors. As summarized in the minutes attached to this report, the Commissioners asked questions to which staff answered. The Planning Commission staff report and minutes are included as Attachments 3 and 9.

In addition, prior to the Planning Commission meeting seven written public comments were received. The comment letters are included as Attachment 14.

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

MOVED/SECONDED BY CURRAN/BRYANT TO ADOPT RESOLUTION NO. 2023-PC-05, RECOMMENDING THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:

1) ADOPT RESOLUTION NO. [NEXT-IN-ORDER] APPROVING THE USE OF THE

TRIBAL ENVIRONMENTAL IMPACT STATEMENT, ADOPTING THE MITIGATION

MONITORING AND REPORTING PROGRAM, ADOPTING A STATEMENT OF

OVERRIDING CONSIDERATIONS, AND FINDING THE PROPOSED PROJECT EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(B) (3) AND 15162; AND
2) ADOPT RESOLUTION NO. [NEXT-IN-ORDER] APPROVING A GENERAL PLAN ZONING MAP AMENDMENT (GPZMA22-0003) DESIGNATING THE 257 ACRES MIXED USE (M-U); AND
3) INTRODUCE AND ADOPT ORDINANCE NO. [NEXT-IN-ORDER] APPROVING THE SECTION 24 SPECIFIC PLAN (SP23-0001) FOR THE 257-ACRE PROJECT SITE.

MOTION CARRIED 3/0.

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EA22-0019, ANN22-0001, GPZMA22-0003, & SP23-0001

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AGENDA ITEM #

CEQA COMPLIANCE/ENVIRONMENTAL DETERMINATION

The Tribe prepared an Environmental Impact Statement (EIS) addressing the potential environmental effects of the Section 24 Specific Plan, and the EIS was approved by the Tribe on May 12, 2015, after soliciting the City’s input over a several month period. The EIS was prepared and adopted consistent with the substantive and procedural requirements of the California Environmental Quality Act (CEQA) including all notice and public review requirements, as well as the Tribal Environmental Policy Act.

The City of Rancho Mirage has reviewed the Section 24 EIS for the 257-acre Project Site and has determined that the EIS meets the requirements of CEQA and was circulated for public review in conformance with Section 15087(a) of the CEQA Guidelines. In accordance with Sections 15221 and 15225 of the CEQA Guidelines, the City of Rancho Mirage intends to use the Section 24 EIS in the place of an Environmental Impact Report (EIR) for the subject 257 acres of the Section 24 Specific Plan and recirculation of an EIS is not required since the standard in 14 Cal. Code Regs. Section 15087(a) for Notice of Availability of a draft EIR are met. Notwithstanding, the City circulated a Notice of Intent to use the EIS for a 45 day comment period from March 20, 2023, to May 4, 2023. The City received two comment letters (comment letters are included in Attachment 13). When a lead agency gives notice, it will use an EIS in place of an EIR, a second round of public review and comment is not required, and the lead agency is not required to provide written responses to comments that may be submitted after it provides notice.

The EIS did identify impacts to Air Quality and Noise that after all proposed Mitigation Measures are implemented the impacts would remain significant and unavoidable. Therefore, a Statement of Overriding Considerations has been prepared for consideration.

AB 52 & SB 18 Tribal Consultation
The City initiated tribal consultation in accordance with Assembly Bill 52 (AB 52) and Senate Bill 18 (SB 18) on August 9, 2022, with contacts for twenty-one (21) tribes and representatives provided by the Native American Heritage Commission (NAHC) notifying them of the proposed project. The City was contacted by four Tribes, which included the Agua Caliente Band of Cahuilla Indians, Agustine Band of Cahuilla Indians, Quechan Indian Tribe, and the Morongo Band of Mission Indians. The Agua Caliente Band of Cahuilla Indians letter mentioned that the project will not have an impact on historic resources. The Agustine Band of Cahuilla Indians letter mentioned they are unaware of specific cultural resources that may be affected by the proposed project. The Quechan Indian Tribe had no comments and deferred to local tribes. The Morongo Band of Mission Indians on January 13, 2023 emailed requesting additional information and requested formal government to government consultation under Assembly Bill 52. Additional information and documents were provided to the Morongo Tribe and an explanation of the unique annexation project since a majority of the land is owned by the Agua Caliente Band of Cahuilla and is within the Agua Caliente Reservation. No other correspondence was received from the Morongo Tribe.
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EA22-0019, ANN22-0001, GPZMA22-0003, & SP23-0001

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A Notice of Determination will be filed with the Riverside County Clerk once a final determination has been made by the City Council to find the actions exempt from CEQA pursuant to Sections 15061(b)(3) and 15162.

NOTICE OF PUBLIC HEARING
On October 4, 2023, public hearing notices were mailed to property owners within a 500-foot radius of the project boundaries and posted at the City’s designated community posting sites pursuant to the requirements of Chapter 17.74 of the Municipal Code. Notification of the public hearing was published in The Desert Sun on October 8, 2023. Any information addressed to the City Council, but received after completion of this final report, will be distributed at the public hearing.

ATTACHMENT(S)

1. Aerial Photo

2. Public Hearing Notice

3. Planning Commission Staff Report dated September 28, 2023 (Without Attachments)

4. City Attorney Independent Analysis

5. Planning Commission Resolution

6. Resolution approving the use of the Tribal Environmental Impact Statement, the Mitigation and Monitoring Program and Reporting Program, Statement of Overriding Considerations, and Finding the proposed project exempt from CEQA

7. Resolution approving a General Plan Zoning Map Amendment changing the designated land use to Mixed Use

8. Ordinance [Next-in-Order] approving the Section 24 Specific Plan for the Project Area

9. Draft Planning Commission Meeting Minutes dated September 28, 2023

10. Draft Notice of Determination

11. Section 24 Specific Plan

12. Section 24 Draft EIS

13. Section 24 Final EIS

14. Public Comments
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Section 24 Annexation Pre-Zoning Project Site
ATTACHMENT 1
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Planning Division
69-825 Highway 111
Rancho Mirage, CA 92270
[email protected]
Phone (760) 328-2266

PUBLIC HEARING NOTICE

CITY COUNCIL REGULAR MEETING
Thursday, October 19, 2023 – 1:00 p.m.

Section 24 Annexation Pre-Zoning
Environmental Assessment Case No. EA22-0019, Annexation Case No. ANN22- 0001, General Plan Zoning Map Amendment Case No. GPZMA22-0003, and Specific Plan Case No. SP23-0001
Applicant: City of Rancho Mirage
Request: The project site occupies approximately 257 acres of mostly vacant undeveloped land within the reservation of the Agua Caliente Band of Cahuilla Indians (Tribe) and within the City’s Sphere of Influence. A General Plan/Zoning Map Amendment is proposed to amend the existing pre-zoning designations of the project site which consist of Medium Density Residential (R-M), High Density Residential (R-H), and Community Commercial (C-C).

The entire project area is proposed to have an underlying designation of Mixed Use (M-U) and the Section 24 Specific Plan will be adopted to establish seven (7) Planning areas within the subject site. The project site is also proposed to be annexed into the City of Rancho Mirage. The project site has already been approved by the Tribe for the potential development of up to 3,138,600 square feet of commercial, retail, office, restaurant, hotel and entertainment uses, and up to 1,206 multifamily residential units. The Tribe prepared and approved the Section 24 Specific Plan to guide the development of 576 acres of Tribal Reservation Land bounded by Ramon Road on the North, Bob Hope Drive on the east, Dinah Shore Drive on the south, and Los Alamos Road on the west. The property the City is proposing to annex and amend the pre-zoning designation for is only the Tribal Planning Areas (1-7) identified in the Section 24 Specific Plan. Planning Area 8 for the Active Adult Community within the Section 24 Specific Plan was previously annexed into the City.

Location: The project site is located at the southwest corner of Ramon Road and Bob Hope Drive (APNs: 685-410-005, -006, -007, -012, & -013) on approximately 257 acres.

NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the City of Rancho Mirage CITY COUNCIL RE: consideration of the above referenced applications pursuant to Rancho Mirage Municipal Code Title 17. The Tribe prepared an Environmental Impact Statement (EIS) addressing the potential environmental effects of the Section 24 Specific ATTACHMENT 2
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EA22-0019, ANN22-0001, GPZMA22-0003, & SP23-0001 October 19, 2023

Plan, and the EIS (SCH#2014011035) was approved by the Tribe on May 12, 2015. The EIS was prepared and adopted consistent with the substantive and procedural requirements of the California Environmental Quality Act (CEQA), as well as the Tribal Environmental Policy Act. The City of Rancho Mirage has reviewed the Section 24 EIS and has determined that the EIS meets the requirements of CEQA and was circulated for public review in conformance with Section 15087(a) of the CEQA Guidelines. In accordance with Sections 15221 and 15225 of the CEQA Guidelines, the City of Rancho Mirage intends to use the Section 24 EIS in the place of an Environmental Impact Report (EIR) for the Section 24 Specific Plan Tribal Planning Areas. As the EIS covers the proposed project, no further environmental analysis is required pursuant to CEQA Guidelines Section 15061(b)(3) and 15162.

The Public Hearing will be held on Thursday, October 19, 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.

Vicinity Map – Not to Scale

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Planning Commission Staff Report AGENDA ITEM #

STAFF REPORT
TO: Planning Commission DATE: September 28, 2023
FROM: Ben Torres, Planning Manager
SUBJECT: Environmental Assessment Case No. EA22-0019, Annexation Case No. ANN22- 0001, General Plan Zoning Map Amendment Case No. GPZMA22-0003, and Specific Plan Case No. SP23-0001 – Section 24 Annexation Pre-Zoning

SPECIFIC REQUEST OR RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. [Next-in-Order] recommending that the City Council take the following actions:

A.Adopt Resolution No. [Next-in-Order] approving the use of the Tribal Environmental Impact Statement, adopting the Mitigation Monitoring and Reporting Program, adopting a Statement of Overriding Considerations, and finding the proposed project exempt from CEQA pursuant to CEQA Guidelines Section 15061(b) (3) and 15162; and B.Adopt Resolution No. [Next-in-Order] approving a General Plan Zoning Map Amendment (GPZMA22-0003) Designating the 257 acres to Mixed Use (M-U); and C.Introduce and Adopt Ordinance No. [Next-in-Order] approving the Section 24 Specific Plan (SP23-0001) for the 257-acre project site.

ATTACHMENTS:

1.Aerial

2.Notice of Public Hearing

3.Planning Commission Resolution

4.Resolution approving the use of the
Tribal Environmental Impact Statement,
the Mitigation and Monitoring Program
and Reporting Program, Statement of
Overriding Considerations, and Finding
the proposed project exempt from CEQA

5.Resolution approving a General Plan
Zoning Map Amendment changing the
designated land use to Mixed Use

6.Ordinance [Next-in-Order] approving the
Section 24 Specific Plan for the project
area

7.City Attorney Independent Analysis

8.Draft Notice of Determination

9.Section 24 Specific Plan

10. Section 24 Draft EIS

11. Section 24 Final EIS

FACT/STATISTICS
ATTACHMENT 3
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1. Applicant: City of Rancho Mirage

2. Purpose of Request: To amend the pre-zoning for approximately 257 acres of land within the City’s Sphere of Influence to Mixed Use (M-U) and to adopt the Tribe approved Section 24
Specific Plan for the project site.

3. Location: Approximately 257 acres located at the southwest corner of the intersection of Ramon Road and Bob Hope Drive
(APNs: 685-410-005, -006, -007, -012, & -013)

4. Project Size: ~257 acres

5. Existing Streets: Bob Hope Drive, Ramon Road, & Casino Drive

6. Existing Land Use: Vacant Land, Agua Caliente Fuel Gas Station, & various billboards

8. Existing General Plan/Zoning: Medium Density Residential (R-M), High Density Residential (R-H), & Community Commercial (C-C)

9. Environmental Information: An EIS/EIR (SCH# 2014011035) was certified by the Agua Caliente Band of Cahuilla Indians (ACBCI) as lead
agency for the project site on May 12, 2015 and a Record of Decision was filed. As this document covers the
proposed project, no further environmental analysis is
required pursuant to CEQA Guidelines Section 15061(b)
(3) and 15162.

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It’s important to note that there are no development projects currently proposed with the Specific Plan. The Specific Plan would serve as the land use document guiding future development.

The following applications comprise the entitlement package: Environmental Assessment (EA), Annexation (ANN), General Plan Zoning Map Amendment (GPZMA), and Specific Plan (SP).

BACKGROUND AND EXISTING CONDITIONS
The Agua Caliente Band of Cahuilla Indians is a federally recognized Indian Tribe (“Tribe”) exercising sovereign authority, including land use authority, over the lands of the Agua Caliente Indian Reservation ("Reservation"). On May 12, 2015, the Tribe approved the Section 24 Specific Plan which covers approximately 577 acres of land within Section 24 that is bound by Ramon Road to the north, Bob Hope Drive to the east, Dinah Shore Drive to the south, and Los Alamos Road to the west. The Section 24 Specific Plan approved by the Tribe provides for a mix of up to 3,138,600 square feet of commercial, retail, office, restaurant, hotel and entertainment uses, and up to 2,406 residential units.

On June 16, 2016, the City Council approved Resolution 2016-026 to use the Tribes Environmental Impact Statement regarding the adoption of the Section 24 Specific Plan for only 320 acres which currently consists of the Del Webb at Rancho Mirage residential development and to initiate annexation proceedings. On March 23, 2017, the annexation process was completed and approximately 320 acres of Section 24 was incorporated into the City.

On November 21, 2019, at a duly noticed meeting of the City Council, the City Council approved Resolution No. 2019-63 to commence proceedings to annex the remaining portion (approximately 257 acres) of Section 24 which was not annexed in 2017, into the jurisdictional boundaries of the City pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code §§56000 et seq.) and to seek the approval of the Riverside Local Agency Formation Commission (“LAFCO”) for such annexation (“Annexation”). The Annexation application was submitted to LAFCO and will move forward once a determination has been made regarding the requested pre-zoning changes.

Land Ownership
The land within the subject project site can be classified in two categories: Tribal Trust Land which is land owned by the Tribal government and is controlled by the Tribal Council, and Allottee Land which is land owned by individual Tribal members. Most of the land is Tribal Trust Land within the project site with a singular approximately 40-acre property held by the Frank Prieto Trust (Allottee Land) at the northwest corner from the intersection of Dinah Shore Drive and Bob Hope Drive. The City and the Tribe have a Land Use Agreement which governs Allottee Land where the City’s land use process and regulations are followed with certain provisions. On Tribal Trust Land the Tribe will maintain their land use process and regulations.

GENERAL PLAN ZONING MAP AMENDMENT CASE NO. GPZMA22-0001 The purpose of the General Plan Zoning Map Amendment (“GPZMA”) is to amend the General Plan Zoning Map for approximately 257 acres within Section 24 to Mixed Use (M-U). The project 12-10

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site currently is subject to the Tribe’s Section 24 Specific Plan, and the City’s General Plan Zoning Map designations are not effective. The City’s General Plan Zoning Map identifies the subject property to consist of approximately 130 acres of Medium Density Residential (R-M), approximately 38.7 acres of High Density Residential (R-H), and approximately 74.7 acres of Community Commercial (C-C). The change to Mixed Use for the entire project site allows for the continued application of the Tribe’s Section 24 Specific Plan, allowing development of various uses, working in harmony with each other, which can include a mix of residential, office, and commercial uses. This change is necessary to ensure that the General Plan remains consistent with the proposed Section 24 Specific Plan. In addition, the following goals from the General Plan are achieved through this GPZMA:

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

Staff Response: In order to propose the residential component (which can contain up to 1,206 multifamily residential units) as envisioned by the Section 24 Specific Plan the pre- zoning designation which currently consists of approximately 130 acres of Medium Density Residential (R-M), approximately 38.7 acres of High Density Residential (R-H), and approximately 74.7 acres of Community Commercial (C-C), will need to be changed to Mixed Use (M-U). The M-U land use designation allows for the development of various uses, working in harmony with each other, which can include a mix of residential, office, and commercial uses. This change is necessary to ensure that the General Plan remains consistent with the proposed Section 24 Specific Plan.

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

Staff Response: The M-U land use designation allows for the development of various uses working in harmony with each other which can include a mix of residential, office, and commercial uses. Although no specific project is currently proposed and the current request is to change the pre-zoning for the proposed Annexation Area, the Section 24 Specific Plan designates the entire public street frontage of Ramon Road and Bob Hope Drive with Planning Areas allocated for Resort, Mixed Use Core, and Retail designations, which can be built with up to 3,138,600 square feet of commercial, retail, office, restaurant, hotel, and entertainment uses.

SPECIFIC PLAN CASE NO. SP23-0001
The purpose of the Section 24 Specific Plan is to create a comprehensive planning document that will guide development of the project site. As stated in the City’s General Plan, specific plans seek to generate development of exceptional quality through flexible planning and design.

Specific plans differ in that they are intended for larger, more complex projects that integrate a variety of residential and non-residential land uses. Specific plans can also permit uses, development standards, and density/intensity levels beyond those allowed in the City’s Zoning Code. In return, specific plans require an applicant to demonstrate exceptional design quality and amenities, as well as a phased, cost-effective extension of infrastructure.

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The Section 24 Specific Plan is intended to guide future development and use of land within project site boundary, including the establishment of site-specific development standards and regulations. The Specific Plan is intended to ensure quality development consistent with the goals, objectives, and policies of the City of Rancho Mirage General Plan. Pursuant to Section

17.54.020 “Intent” of the Municipal Code, a specific plan adopted by ordinance shall replace the base zoning district for the subject property, and the development standards and guidelines identified in the specific plan shall take precedence over the general standards and guidelines contained in Title 17 “Zoning” of the Municipal Code. In short, if adopted, the Section 24 Specific Plan will become the regulatory planning document that the City will use for the 257-acre project site pending the outcome of the annexation proceedings, superseding certain provisions within Title 17 (Zoning) of the Municipal Code. For reference purposes, the Section 24 Specific Plan is currently the regulatory planning document for the Tribe.

Should the City ultimately adopt the GPZMA and Specific Plan, no effective change in zoning of the property will occur. In other words, the property is currently subject to the Section 24 Specific Plan, and if adopted, the property will remain subject to the Section 24 Specific Plan.

Organization
The Specific Plan is organized into eight chapters, the discussion below will only focus on the current project site (257-acre proposed Annexation Area). This excludes Planning Area 8 (Del Webb) which previously annexed into the City:

Chapter 1. Summary Statement – Page 1
This Chapter provides an overview of the document, project setting and history, and other contextual information.

Chapter 2. Introduction – Pages 2-7
This Chapter describes the purpose and intent of the Section 24 Specific Plan as a vision for the north entrance of the City of Rancho Mirage. It also details the sites’ location from a regional and community setting.

Chapter 3. Context and Conditions – Pages 8-11
This chapter provides information on the existing topography on the site which can range from 250 feet to 350 feet above mean sea level within the proposed Annexation Area. Lower elevations are found along the southwestern corner from the intersection of Ramon Road and Bob Hope Drive. With the highest elevation at the northwest corner from the intersection of Bob Hope Drive and Dinah Shore Drive.

In addition, details of the existing vehicle circulation system are provided for the Annexation Area.

Chapter 4. Specific Plan Concepts– Pages 12-66
The proposed project site is divided into four (4) Land Use Categories and seven (7) Planning Areas as described in detail below:

Land Use Categories:
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Mixed Use Core (MXD CORE)
The Mixed-Use Core land use category supports the potential vertical integration of housing with ground floor retail commercial and services. Located within an approximately 25-acre area along Ramon Road, the mix of uses is intended to produce a unique and walkable shopping, working, and living experience. The Mixed-Use Core category permits the widest range of uses, including community retail, restaurants, lifestyle mixed use center, professional office, single-family residential, and attached multifamily residential with a possible maximum Floor Area Ratio of

1.0. Although this category allows for various land uses, it does not require a specified mix of uses.

Resort Flex (RESORT)
The Resort Flex land use category permits uses such as retail, restaurants, resort hotels, and regional entertainment to create a lively and comfortable atmosphere for business and leisure travelers. The Resort Flex category accounts for approximately 81 acres of the Specific Plan area with a maximum Floor Area Ratio of 0.40.

Retail (RETAIL)
The Retail land use category provides the project’s primary shopping destination and offers a range of commercial, office/ service, entertainment, and eating establishments on approximately 52 acres. These uses are located at the northeast and southeast corners of the project along Ramon Road, Bob Hope Drive and Dinah Shore Drive. A Maximum Floor Area Ratio of 0.35 is specified for these areas.

Multi-Family Residential (MFR)
The Multi-Family Residential land use category is located on approximately 58 acres adjacent to the Mixed-Use Core, Retail and Resort Flex land use areas. Permitted uses include single- and multi-family residential developments. Buildings of two stories in height could contain dwelling units at densities up to a maximum of 18 units per acre. These residential uses will serve as a transition between the higher intensity commercial areas and the low-density single- family residences within Del Webb.

Planning Areas:

Planning Area 1
Located at the northwest corner of the project site at the Ramon Road and Los Alamos Road intersection, this approximately 35 acre Planning Area could include: 1) up to a maximum of 435,600 square feet of retail, restaurant and office/ services and hotel uses, or any combination thereof, in a planned Resort Flex development along Ramon Road within the 25 acre Planning Area 1A ; and 2) up to a maximum of 180 residential dwelling units within the 10 acre Planning Area 1B, accessible from Los Alamos Road and a planned local street. Overall, Planning Area 1 serves as a mixed land use transition between the lower density residential and private golf course development of Westin Mission Hills located west of Los Alamos Road, the Del Webb community located to the south, and the higher density Mixed Use Core in Planning Area 2 to the east.

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Planning Area 2
This approximately 36-acre Planning Area is located along the south side of the Ramon The 25- acre Planning Area 2A could ultimately include up to a maximum of 1,090,000 square feet of mixed retail, restaurant, office, business campus and hospitality-oriented indoor amusement/ entertainment uses. Flexibility is also provided for possible hotel, multi-and single-family attached residential uses within this area. Planning Area 2B, which is next to the existing Del Webb residential development and acts as a buffer between the denser Mixed Use Core area to the north, allows up to a maximum of 180 residential dwelling units could be developed on approximately 11 acres.

Planning Area 3
Located at the northeast corner of the Specific Plan area, this approximately 27 acre “gateway” Planning Area provides a unique level of regional accessibility and visibility to this site. It is anticipated that up to a maximum of 396,000 square feet of commercial retail, restaurant and entertainment uses could develop within this Planning Area around a planned “Main Street” village center.

Planning Area 4
This Planning Area is located immediately south of Planning Area 3 along the west frontage of Ramon Road and represents a Resort Flex land use opportunity for commercial retail, restaurant, and hospitality-oriented indoor amusement/ entertainment uses which can complement and expand upon the planned “Main Street” village center development to the north and the Resort Flex planning areas east of Bob Hope Drive in Section 19. It is anticipated that up to a maximum of 505,000 square feet of mixed-use commercial development could be absorbed within this approximately 37-acre area.

Planning Area 5
Up to a maximum of 486 residential dwelling units could be developed within this approximately 18-acre Planning Area. This area also provides a land use-to-land use transition buffer from the more intense commercial activities in Planning Area 4 to the east and the lower density single family residential within Del Webb.

Planning Area 6
This approximately 28-acre Planning Area is located immediately south of Planning Areas 4 and 5 along the west frontage of Bob Hope Drive and includes an approximately 19-acre Resort Flex land use opportunity for commercial retail, restaurant, and hospitality-oriented indoor amusement/ entertainment uses in Planning Area 6A. It is anticipated that up to a maximum of 331,000 square feet of mixed-use commercial development could be absorbed within this Planning Area. In addition, in Planning Area 6B, up to 180 residential dwelling units could be developed on approximately 9 acres located along the west side of Planning Area 6.

Planning Area 7
This Planning Area is located at the southeast corner of Section 24, northwest of the Bob Hope Drive and Dinah Shore Drive intersection. In Planning Area 7A, an approximately 25 acre Retail site presents an opportunity to develop a neighborhood-scale retail, restaurant and office/services center which would complement the existing Desert Ridge Plaza located on the southeast corner of this intersection. Further, this Planning Area would provide convenient 12-14

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shopping opportunities and services for: the residents of the existing Mission Hills community located to the south and west; the existing Key Largo Estates neighborhood located to the southeast; and the almost built out Del Webb community to the west. It is anticipated that up to a maximum of 381,000 square feet of mixed-use commercial development could be absorbed within this Planning Area at an overall Floor Area Ratio of 0.35. In addition, in Planning Area 7B up to 180 residential dwelling units could be developed on approximately 10 acres located along the west side of Planning Area 7.

Chapter 5. Development Regulations – Pages 67-87
The Specific Plan identifies a variety of different uses that are either permitted, require a Conditional Use Permit, or are not permitted based on the land use category they fall under (see pgs. 68-70 of Section 24 Specific Plan). For instance, the Multi-Family Residential category which acts as a buffer for the Del Webb development from the commercial areas of the Specific Plan allows both Single Family Attached/Detached residences with a Conditional Use Permit and Multi-Family/Condominium Housing is permitted.

Building Heights
The following table details the maximum height allowed depending on the type of building an use. For instance, single use buildings have lower maximum heights while mixed use buildings are allowed additional height. The Specific Plan has additional details on height requirements (see. Table 7 on pg. 74).

Building Height Standards
Land Use Maximum Building Heights
Single-Use Buildings
Retail or Office/Service 18 feet
Residential 36 feet
Hotel 42 feet
Parking Structures 36 feet
All other Uses 18 feet
Mixed-Use Buildings
Retail and Office Service 32 feet
Retail and Residential 42 feet
Office/Service and Residential 38 feet
Other Structures
Tower Elements 50 feet
Notes: Architectural projections (e.g. towers, cupolas) that are added to building faces without adding interior floor area to add architectural interest may exceed the maximum building height by 10 feet.

Setbacks
The following are the setback standards contained within the Specific Plan (see Table 8 on pg. 75 for additional details).

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Building Setback Standards
Location Minimum Setback Encroachments
Building to Building 10-20 feet 4 foot maximum
Building or Parking area to:

Major Arterial 24 feet from the back of curb 6 foot maximum Minor Arterial 20 feet from the back of curb 6 foot maximum Modified Collector
(Includes Entry)
15 feet from the back of curb 4 foot maximum
Local (Includes Entry) 14 feet from the back of curb 4 foot maximum Private Street 20 feet from the back of curb 3 foot maximum Building to Alley 2 feet to allow for landscape
apron
1 foot maximum
Building to Service Road 4 feet to allow for landscape
apron
2 foot maximum
Building to Parking Structure 15 feet 3 foot maximum
Building to Parking
Area/Drive Aisle
10 feet with walkway; 4 feet
without walkway (must be
landscaped)
2 foot maximum

Parking
The Section 24 Specific Plan establishes its own set of parking standards for the various uses that could be built. The following table shows a few comparisons between the Rancho Mirage Municipal Code parking requirement and the Section 24 Specific Plan, which have somewhat similar requirements for a few key uses referenced below.

Parking Requirements
Use Section 24 Specific Plan Rancho Mirage Municipal
Code
General Retail 3 spaces per 1,000 SF 1 space per 250 SF Office 3.5 spaces per 1,000 SF for
first 5,000 SF

2.5 spaces per 1,000 SF after
1 space per 250 SF for first
5,000 SF

1 space per 400 SF after
Multi-Family 0-1 Bedroom - 1.5 covered
spaces per unit
1 bedroom – 1 covered
space per unit plus 1 guest
space per two units

Chapter 6. Design Guidelines – Pages 88-139
This Chapter outlines the design standards and guidelines for the Section 24 Specific Plan that will encourage the highest level of design quality and creativity in site planning and architectural design, while allowing for variation and flexibility. All development within the Section 24 Specific Plan needs to address the fundamental elements of the design features covered in this chapter.

The following guidelines establish a design framework to help design professionals and developers understand and implement this project. Due to the mix of project types that the Section 24 Specific Plan allows, the buildings will include a variety of design styles, and therefore 12-16

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a range of colors, materials, building detailing, and building orientations. However, these guidelines provide the necessary direction to ensure a coherent and complementary project.

Landscape design guidelines are also proposed which focus on landscape character, pedestrian experience, entries and gateways, gardens, and shade. These guidelines will help the site develop landscape areas that will provide a sense of arrival, provide clear and safe pathways for interconnectivity, and invite visitors to stall while providing a level of visual continuity with desert appropriate plantings.

Chapter 7. Implementation – Pages 140-149
This chapter describes the procedures for administration and implementation of the Section 24 Specific Plan. It defines processes for administrative and formal changes, interpretations of regulations, and enforcement of the Section 24 Specific Plan.

Chapter 8. Appendix – Pages ii-iv
Provides details on where specific figures and tables are located within the document.

CEQA COMPLIANCE/ENVIRONMENTAL DETERMINATION
The Tribe prepared an Environmental Impact Statement (EIS) addressing the potential environmental effects of the Section 24 Specific Plan, and the EIS was approved by the Tribe on May 12, 2015, after soliciting the City’s input over a several month period. The EIS was prepared and adopted consistent with the substantive and procedural requirements of the California Environmental Quality Act (CEQA) including all notice and public review requirements, as well as the Tribal Environmental Policy Act.

The City of Rancho Mirage has reviewed the Section 24 EIS for the 257-acre Project Site and has determined that the EIS meets the requirements of CEQA and was circulated for public review in conformance with Section 15087(a) of the CEQA Guidelines. In accordance with Sections 15221 and 15225 of the CEQA Guidelines, the City of Rancho Mirage intends to use the Section 24 EIS in the place of an Environmental Impact Report (EIR) for the subject 257 acres of the Section 24 Specific Plan and recirculation of an EIS is not required since the standard in 14 Cal. Code Regs. Section 15087(a) for Notice of Availability of a draft EIR are met. Notwithstanding, the City circulated a Notice of Intent to use the EIS for a 45 day comment period from March 20, 2023, to May 4, 2023. The City received two comment letters (comment letters are included in Attachment 11). When a lead agency gives notice, it will use an EIS in place of an EIR, a second round of public review and comment is not required, and the lead agency is not required to provide written responses to comments that may be submitted after it provides notice.

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provided by the Native American Heritage Commission (NAHC) notifying them of the proposed project. The City was contacted by four Tribes, which included the Agua Caliente Band of Cahuilla Indians, Agustine Band of Cahuilla Indians, Quechan Indian Tribe, and the Morongo Band of Mission Indians. The Agua Caliente Band of Cahuilla Indians letter mentioned that the project will not have an impact on historic resources. The Agustine Band of Cahuilla Indians letter mentioned they are unaware of specific cultural resources that may be affected by the proposed project. The Quechan Indian Tribe had no comments and deferred to local tribes. The Morongo Band of Mission Indians on January 13, 2023 emailed requesting additional information and requested formal government to government consultation under Assembly Bill 52. Additional information and documents were provided to the Morongo Tribe and an explanation of the unique annexation project since a majority of the land is owned by the Agua Caliente Band of Cahuilla and is within the Agua Caliente Reservation. No other correspondence was received from the Morongo Tribe.

NOTICING REQUIREMENT
Rancho Mirage 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 500-foot radius of the boundaries of the subject parcel(s) 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 25, then the mailing radius is required to be increased to 1,000 feet as measured from the exterior boundaries of the subject parcel.

On September 13, 2023, public hearing notices were mailed to property owners within a 500- foot radius of the parcel boundaries and posted at the City’s designated community posting sites pursuant to the requirements of Chapter 17.74 of the Municipal Code. Notification of the public hearing was published in The Desert Sun on September 17, 2023. Any information addressed to the Planning Commission, but received after completion of this final report, will be distributed at the public hearing. No comments have been received as of the publication date of this report.

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FINDINGS

SPECIFIC PLAN CASE NO. SP23-0001
Pursuant to Section 17.54.100 (Findings and decision) for Specific Plans, a specific plan may be approved only if all of the following findings are made:

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

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

Staff Response: In order to propose the residential component (which can contain up to 1,206 multifamily residential units) as envisioned by the Section 24 Specific Plan the pre-zoning designation which currently consists of approximately 130 acres of Medium Density Residential (R-M), approximately 38.7 acres of High Density Residential (R-H), and approximately 74.7 acres of Community Commercial (C-C), will need to be changed to Mixed Use (M-U). The M-U land use designation allows for the development of various uses, working in harmony with each other, which can include a mix of residential, office, and commercial uses. This change is necessary to ensure that the General Plan remains consistent with the proposed Section 24 Specific Plan.

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

Staff Response: The M-U land use designation allows for the thoughtful planning of integrated commercial, office, and residential uses. Projects developed under this designation require a specific plan. The proposed zone change would allow the Section 24 Specific Plan for the project site to be developed with a combination of residential, office, and commercial uses. Overall, the Specific Plan will help create a balanced mix of integrated land uses which will work together in a compatible way due to the regulations contained within to guide future development.

DATE: September 28, 2023 EA22-0019, ANN22-0001, GPZMA22-0003, & SP23-0001 Page 13 of 14 JUSTIFICATION OR INFORMATION CONTINUED:

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entertainment uses.

2. The proposed specific plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the city, because the Section 24 Specific Plan complies with General Plan goals and policies. The Annexation Area is currently within the City’s Sphere of Influence, it is currently under the regulatory control of the Tribe and is subject to the Section 24 Specific Plan. The City desires to not change the actual zoning of the Annexation Area through the Annexation process. The proposed GPZMA and Specific Plan adoption maintain what is currently existing as land use regulations which is the Section 24 Specific Plan. In addition, the City’s General Plan identifies the Annexation Area as Section 24 Specific Plan Area, as found on page 12, Exhibit 2; and Pages 14 and 18 of the General Plan further contemplates application of the Section 24 Specific Plan, referencing potential for up to an additional 6,277 employees based on 3,138,600 square feet of non- residential uses;

3. The subject property is physically suitable for the requested zoning district(s) and the anticipated land use development(s), because the Annexation Area is master planned and the Section 24 Specific Plan is approved by the Tribe for future development that can include up to 3,138,600 square feet of commercial, retail, office, restaurant, hotel and entertainment uses, and up to 1,206 multifamily residential units. The Tribe prepared and approved the Section 24 Specific Plan to guide the development of 576 acres of Tribal Reservation Land bounded by Ramon Road on the North, Bob Hope Drive on the east, Dinah Shore Drive on the south, and Los Alamos Road on the west. The property the City is proposing to annex and amend the pre-zoning designation for is only the Tribal Planning Areas (1-7) identified in the Section 24 Specific Plan. Planning Area 8 for the Active Adult Community within the Section 24 Specific Plan was previously annexed into the City.;

4. The proposed specific plan ensures development of desirable character which would be harmonious with existing and proposed development in the surrounding neighborhood, because the Section 24 Specific Plan establishes design criteria that will uphold the standards which have been established throughout the City for the future development of the subject site. The Specific Plan meets the Community Design Guidelines set forth in the General Plan by utilizing desert appropriate tones and architecture.; and

5. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City of Rancho Mirage has reviewed the Section 24 EIS prepared by the Agua Caliente Tribe for the Project Site and has determined that the EIS meets the requirements of CEQA and was circulated for public review in conformance with Section 15087(a) of the CEQA Guidelines. In accordance with Sections 15221 and 15225 of the CEQA Guidelines, the City of Rancho Mirage intends to use the Section 24 EIS in the place of an Environmental Impact Report (EIR) for the subject 257 acres of the Section 24 Specific Plan and recirculation of an EIS is not required since the standard in 14 Cal. Code Regs.

Section 15087(a) for Notice of Availability of a draft EIR are met. Notwithstanding, the City circulated a Notice of Intent to use the EIS for a 45 day comment period from March 20, 2023, to May 4, 2023. The City received two comment letters. When 12-20

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a lead agency gives notice it will use an EIS in place of an EIR, a second round of public review and comment is not required, and the lead agency is not required to provide written responses to comments that may be submitted after it provides notice. After reviewing the EIS prepared in compliance with CEQA a majority of the potentially significant impacts can be mitigated to less than significant. There will be significant and unavoidable impacts to Air Quality and Nosie after all feasible mitigation measures are implemented as a result of the 257-acre project site development. A Statement of Overriding Considerations has been prepared for consideration with findings to ensure compliance with CEQA. The actions as part of this project are also exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3) and 15162.

12-21

AGENDA ITEM #
Development Services Division
69-825 Highway 111
Rancho Mirage CA 92270
Phone 760/328-2266 Fax 760/324-9851

S T A F F R E P O R T
TO:Planning Commission/City Council Date: September 28, 2023 FROM: Steven B. Quintanilla, City Attorney
Colin D. Kirkpatrick, Assistant City Attorney
SUBJECT: City Attorney’s Independent Analysis of Ordinance approving Tribe-Approved Section 24 Specific Plan
SPECIFIC REQUEST OR RECOMMENDATION:

That the Planning Commission and City Council consider and receive and file the City Attorney’s Independent Analysis of the Ordinance approving the Tribe-Approved Section 24 Specific Plan JUSTIFICATION OR INFORMATION:

Background
This project, in relevant part, includes adoption of the Agua Caliente Band of Cahuilla Indians’ approved Section 24 Specific Plan on approximately 257 acres within Section 24, as identified in more detail in the Staff Report (“Subject Property”).

Since it is the intent and purpose of the Section 24 Specific Plan to replace the base zoning district for the Subject Property, and to have the development standards and guidelines identified in the Section 24 Specific Plan take precedence over the general standards and guidelines contained in Title 17, Zoning of the Municipal Code, the City Attorney is require to make a determination that addresses whether the City has the legal authority to adopt the ordinance approving the Section 24 Specific Plan.

Rancho Mirage Municipal Code Section 1.04.031 “Review and approval of legal form of ordinances by city attorney,” provides that “[n]o ordinance shall be deemed effective unless the City Attorney determines that the City has the authority to adopt the proposed ordinance, that the proposed ordinance is constitutionally valid under the state and federal constitutions, and that the proposed ordinance is consistent with the general powers and purposes of the City, the City’s Charter, ordinances approved by the voters, and any applicable federal and/or state laws.

ATTACHMENT 4
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Section 24 Specific Plan Page 2 of 3
JUSTIFICATION OR INFORMATION CONTINUED:

AGENDA ITEM #
Legal Authority

Specific Plan Ordinance

The Section 24 Specific Plan may be adopted by reference as the zoning code and zoning land use map for the Section 24 Specific Plan area. The Section 24 Specific Plan must contain certain specified details relating to land uses, major infrastructure, development and conservation standards, an implementation program, and a statement of relationship to the general plan. See Govt C §65451.

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

Moreover, as set forth in Section 17.54.100 “Findings and decision” a specific plan may be approved, provided that certain findings are made. Although it is beyond the scope of this analysis to address any required findings, based on the findings, evidence and conclusions set forth in the Staff Report prepared for the Section 24 Specific Plan, there is substantial evidence in the whole of the administrative record to support the requisite findings: (1) That the Section 24 Specific Plan is consistent with the General Plan, upon adoption of the companion General Plan Zoning Map Amendment which designates the Subject Property as Mixed Use (M-U), which designation allows for the uses and regulations set forth in the Section 24 Specific Plan; (2) That the Section 24 Specific Plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; (3) That the Subject Property is physically suitable for the requested zoning district and the anticipated land use developments; (4) That the proposed Section 24 Specific Plan ensures development of desirable character which would be harmonious with existing and proposed development in the surrounding neighborhood; and (5) That the proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA), as set forth in more detail in the companion staff report.

Statutory and Constitutional Authority
The City's regulations regarding land use arise through the exercise of its police power. These powers derive from the "home-rule" provisions in the California Constitution and cannot be abrogated by statute. Taschner v. City Council of Laguna Beach (1973) 31 Cal.App.3d 48.

Moreover, Article XI, Section 7, of the California Constitution rests plenary authority over local health, safety and welfare with cities and counties, conferring upon them the police power to "make and enforce all local police, sanitary and other ordinances and regulations not in conflict with the general laws." As such, the California Constitution confers upon the City the authority to enact laws that are not in conflict with general state laws, which includes zoning activities.

Finally, Section 100 of the City's Charter provides that the City shall have full power and authority to adopt, make, exercise and enforce all legislation, laws, and regulations and to take all actions 12-23

Section 24 Specific Plan Page 3 of 3
JUSTIFICATION OR INFORMATION CONTINUED:

AGENDA ITEM #
relating to municipal affairs, without limitation, which may be lawfully adopted, made, exercised, taken or enforced under the Constitution of the State of California.

Based on the above, the City Attorney finds that the adoption of the proposed Section 24 Specific Plan is a proper exercise of the City's authority to exercise control over its municipal affairs and is consistent with the City's charter and zoning ordinance and not in conflict with state or federal laws.

Conclusion
Based on the findings set forth above, the City Attorney's Office concludes that the City has the authority to adopt the proposed Section 24 Specific Plan and that such action is constitutionally valid, consistent with the general powers and purposes of the City and its charter and ordinances, and is not in conflict with applicable state or federal laws.

12-24

1 RESOLUTION NO. ___________

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

RANCHO MIRAGE, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL: 1) ADOPT THE ATTACHED RESOLUTION APPROVING USE

OF THE TRIBAL ENVIRONMENTAL IMPACT STATEMENT, ADOPTING

THE MITIGATION MONITORING AND REPORTING PROGRAM,

ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND
FINDING THE PROPOSED PROJECT EXEMPT FROM CEQA; 2) ADOPT

THE ATTACHED RESOLUTION APPROVING A GENERAL PLAN

ZONING MAP AMENDMENT CHANGING THE DESIGNATED LAND USE
TO MIXED USE; AND 3) INTRODUCE AND ADOPT THE ATTACHED
ORDINANCE APPROVING THE SECTION 24 SPECIFIC PLAN
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, on or about March 23, 2017, the City annexed approximately 320 acres of Section 24 for the private development of an active adult project, which is currently under construction, and more commonly known as Del Webb at Rancho Mirage; and
WHEREAS, on November 21, 2019, at a duly noticed meeting of the City Council, the City Council approved Resolution No. 2019-63 to commence proceedings to annex the remaining portion of Section 24 which was not annexed in 2017, into the jurisdictional boundaries of the City pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code §§56000 et seq.) and to seek the approval of the Riverside Local Agency Formation Commission (“LAFCO”) for such annexation (“Annexation”); and
WHEREAS, in accordance with Resolution No. 2019-63, the City intends to annex the approximately 257 acres of land (“Annexation Area”), as described and depicted on Exhibit “A” of this Resolution, attached hereto and incorporated herein by this reference, which is situated within the Tribal Reservation, as defined below; and WHEREAS, while the Annexation Area is currently within the City’s Sphere of Influence, it is currently under the regulatory control of the Tribe, as defined below, and is currently subject to the Tribe approved Section 24 Specific Plan. The City desires to not change the actual zoning of the Annexation Area through the Annexation process.

The City’s General Plan identifies the Annexation Area as Section 24 Specific Plan Area, as found on page 12, Exhibit 2; and Pages 14 and 18 of the General Plan further contemplates application of the Section 24 Specific Plan, referencing potential for up to an additional 6,277 employees based on 3,138,600 square feet of non-residential uses.

Additionally, the General Plan provides that the City does not have regulatory control over land within the City’s Sphere of Influence, and it rather simply designates its preference ATTACHMENT 5
12-25

2 for land use planning in this area. In other words, the City’s General Plan Zoning Map designation of the Annexation Area is not effective or have any regulatory control.

Amending the City’s General Plan Zoning Map is required for consistency with the City’s General Plan, which, as mentioned above, contemplates application of the Tribe’s Section 24 Specific Plan. Moreover, no actual change to the Annexation Area is being proposed or effectuated by this General Plan Zoning Map Amendment because the Annexation Area is currently subject to the Tribe’s Section 24 Specific Plan, and upon annexation, will continue to be subject to the Section 24 Specific Plan. In other words, the actual zoning of the property remains identical, the only difference being the jurisdiction in which the land is located, and the General Plan Zoning Map Amendment is simply a cleanup item to comport with the General Plan to prezone the Annexation Area for the continued application of the Section 24 Specific Plan. Moreover, a portion of the Annexation Area is on Tribal Trust Lands for which the Tribe retains sovereign authority; and WHEREAS, Section 17.54.020 (A) of the Rancho Mirage Municipal Code provides that “[a] specific plan adopted by ordinance shall replace the base zoning district for the subject property, and the development standards and guidelines identified in the specific plan shall take precedence over the general standards and guidelines contained in this title [Title 17 ‘Zoning’ of the Rancho Mirage Municipal Code]”; and WHEREAS, in accordance with Government Code Section 56375, LAFCO is requiring the City pre-zone the Annexation Area prior to annexation. Accordingly, the City desires to amend the City’s General Plan Zoning Map and adopt the Tribe-Approved Section 24 Specific Plan; and
WHEREAS, the Agua Caliente Band of Cahuilla Indians is a federally-recognized Indian Tribe (“Tribe”) exercising sovereign authority, including land use authority, over the lands of the Agua Caliente Indian Reservation ("Reservation"), including that certain undeveloped real property within the Reservation, consisting of approximately 257 acres, located within the unincorporated territory of the County of Riverside and the Sphere of Influence of the City, located within an area commonly known as Section 24; and WHEREAS, on May 12, 2015, the Tribe certified an Environmental Impact Statement (“EIS”), attached hereto and incorporated herein by this reference as Exhibit “B”, pursuant to the Tribal Environmental Policy Act for the proposed Section 24 Specific Plan, which included program level analysis for Annexation Area; and WHEREAS, on May 12, 2015, the Tribe approved the Section 24 Specific Plan which covers approximately 577 acres within Section 24, Township 4 South, Range 5 East, (as mentioned above, City annexed approximately 320 acres as stated herein previously, and seeks to annex the remaining 257 acres), and provides for a mix of up to 3,138,600 square feet of commercial, retail, office, restaurant, hotel and entertainment uses, and up to 2,406 residential units (1,206 multifamily units are allocated for the Annexation Area) and which encompasses the proposed development of a planned age- restricted (55+) active adult residential community of up to 1,200 residential dwelling units 12-26

3 on 320 acres of previously annexed portion of Section 24, which is currently under construction; and
WHEREAS, the CEQA Guidelines section 15221 (a) provides that when a project will require compliance with CEQA and the National Environmental Policy Act (“NEPA”), the City should use the EIS rather than preparing an Environmental Impact Report (“EIR”) or negative declaration if the following two conditions occur: (1) the EIS was prepared before an EIR or negative declaration was completed and (2) the EIS complies with the provisions of the CEQA Guidelines; and
WHEREAS, a lead agency is not required to circulate an EIS that will be used to satisfy CEQA for public review and comment if circulation of the document for review and comment by the federal agency was broad enough to satisfy CEQA’s standards. Thus, recirculation of an EIS is not required if the standard in 14 Cal. Code Regs. Section 15087(a) for notice of availability of a draft EIR is met. Notwithstanding, the City circulated a Notice of Intent to use the EIS for a 45 day comment period from March 20, 2023, to May 4, 2023. The City received two comment letters. When a lead agency gives notice it will use an EIS in place of an EIR, a second round of public review and comment is not required, and the lead agency is not required to provide written responses to comments that may be submitted after it provides notice. Under 14 Cal Code Regs Section 15225, the public comment period provided under NEPA is deemed to be sufficient for purposes of CEQA as long as CEQA’s circulation standards were met. Under 14 Cal Code Regs Section 15225, a lead agency that decides to use an EIS in place of an EIR need only provide notice that it “believes” the EIS meets the requirements of CEQA; and

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO MIRAGE, CALIFORNIA, DOES HEREBY RESOLVES AS FOLLOWS:

SECTION 1. RECITALS AND EXHIBITS

That the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.

SECTION 2. EVIDENCE AND ADMINISTRATIVE RECORD

That the Planning Commission conducted a noticed Public Hearing on September 28, 2023, and considered all of the evidence submitted into the administrative record for the Proposed Project, including, but not limited to, the following, which are all hereby incorporated herein by reference:

(a) The City’s General Plan and General Plan Zoning Map; (b) The City’s Zoning Code as set forth in Title 17 of the Rancho Mirage Municipal Code;
12-27

4 (c) Section 24 Specific Plan approved by the Tribe on or about May 12, 2015, including the Record of Decision prepared by the Tribe; (d) The EIS certified/approved by the Tribe on May 12, 2015, including the Record of Decision prepared by the Tribe and its administrative record relating to the EIS;
(e) The Statement of Overriding Considerations;
(f) California Environmental Quality Act (CEQA) as set forth in Public Resources Code Sections 21000 et seq., and the CEQA Guidelines as set forth in Title 14 of the California Code of Regulations, Sections 15000 through 15387, inclusive; (g) The Staff Report dated September 28, 2023, for the Rancho Mirage Planning Commission’s consideration, and all attachments thereto; (h) Testimony and/or comments from interested parties submitted to the City in both written and oral form at, or prior to, the public hearing conducted by the Planning Commission on September 28, 2023;

SECTION 3. RECOMMENDATIONS

That based on the foregoing Recitals and the Evidence contained in the Administrative Record for the proposed project, as set forth and described herein, and the findings and determinations set forth in the September 28, 2023, Planning Commission Staff Report and the attached ordinance and resolutions, the Planning Commission recommends that the City Council take the following actions:

a) Adopt the attached Resolution, attached hereto as Exhibit “B”, approving, in its independent judgment, that pursuant to CEQA and the CEQA Guidelines, the determination the EIS was prepared and approved by the Tribe consistent with the requirements of CEQA and the CEQA Guidelines; certifying the EIS as accurate and complete, and adequate under CEQA to serve as the City’s Environmental Impact Report for approval of the Tribe-Approved Section 24 Specific Plan, instead of preparing or recirculating a new EIR for the Section 24 Specific Plan; adopting the Mitigation Monitoring and Reporting Program (“MMRP”); adopting the Tribe’s Statement of Overriding Considerations, and finding the proposed project exempt from CEQA.
b) Adopt the attached Resolution approving General Plan Zoning Map Amendment (GPZMA22-0003), attached hereto as Exhibit “C”, to change the underlying zoning designation of the Annexation Area to Mixed Use (M-U); and

c) Introduce and adopt the attached Ordinance approving the Section 24 Specific Plan (SP23-0001) for the Annexation Area, attached hereto as Exhibit “D”.

SECTION 4. EFFECTIVE DATE

12-28

5 That this Resolution shall take effect immediately upon its adoption.

SECTION 5. SEVERABILITY

That if any provision, section, paragraph, sentence or word of Resolution or any portion of the Administrative Record for the Project 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 as hereby adopted shall remain in full force and effect.

SECTION 6. CERTIFICATION.

That the Secretary to the Planning Commission 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. REPEAL OF CONFLICTING PROVISIONS.

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

PASSED AND ADOPTED on this__ day of _____, 2023.

_________________________
Jassen Agostini, Vice Chair

ATTEST:

_____________________________
Deanna Mendoza, Secretary

APPROVED AS TO FORM:

_____________________________
Steven B. Quintanilla, City Attorney

12-29

6 EXHIBIT “A”

ANNEXATION AREA
[SEE ATTACHED]

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Section 24 Annexation Pre-Zoning Project Site

Location: Approximately 257 acres located at the southwest corner of the intersection of Ramon Road and Bob Hope Drive (APNs: 685-410-005, -006, -007, -012, & -013)

Project Site
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7 EXHIBIT “B”

RESOLUTION APPROVING

TRIBAL ENVIRONMENTAL IMPACT STATEMENT

MITIGATION MONITORING AND REPORTING PROGRAM

ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS

AND FINDING THE PROJECT EXEMPT FROM CEQA

[TO BE ATTACHED]

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8 EXHIBIT “C”

RESOLUTION APPROVING

GENERAL PLAN ZONING MAP AMENDMENT
(GPZMA22-0003)
[TO BE ATTACHED]

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9 EXHIBIT “D”

ORDINANCE APPROVING
SECTION 24 SPECIFIC PLAN

[TO BE ATTACHED]

12-34

RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF RANCHO MIRAGE,

CALIFORNIA, APPROVING THE USE OF THE TRIBAL

ENVIRONMENTAL IMPACT STATEMENT, ADOPTING STATEMENT OF

OVERRIDING CONSIDERATIONS, AND FINDING THE ACTIONS
EXEMPT FROM CEQA, REGARDING THE CITY’S AMENDMENT OF

THE GENERAL PLAN ZONING MAP AND ADOPTION OF THE TRIBE-
APPROVED SECTION 24 SPECIFIC PLAN PERTAINING TO THE
PROPOSED ANNEXATION OF 257 ACRES OF THE SECTION 24

SPECIFIC PLAN
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, the Agua Caliente Band of Cahuilla Indians is a federally-recognized Indian Tribe (“Tribe”) exercising sovereign authority, including land use authority, over the lands of the Agua Caliente Indian Reservation ("Reservation"), including that certain mostly undeveloped real property within the Reservation, consisting of approximately 257 acres, located within the unincorporated territory of the County of Riverside and the Sphere of Influence of the City, located within an area commonly known as Section 24; and
WHEREAS, on or about March 23, 2017, the City annexed approximately 320 acres of Section 24 for the private development of an active adult project, which is currently under construction, and more commonly known as Del Webb at Rancho Mirage; and
WHEREAS, on November 21, 2019, at a duly noticed meeting of the City Council, the City Council approved Resolution No. 2019-63 to commence proceedings to annex the remaining portion of Section 24 which was not annexed in 2017, into the jurisdictional boundaries of the City pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code §§56000 et seq.) and to seek the approval of the Riverside Local Agency Formation Commission (“LAFCO”) for such annexation (“Annexation”); and
WHEREAS, in accordance with Resolution No. 2019-63, the City intends to annex the approximately 257 acres of land (“Annexation Area”), as described and depicted on Exhibit “A” of this Resolution, attached hereto and incorporated herein by this reference, which is situated within the Tribal Reservation; and
WHEREAS, while the Annexation Area is currently within the City’s Sphere of Influence, it is currently under the regulatory control of the Tribe and is currently subject to the Tribe approved Section 24 Specific Plan (“Section 24 Specific Plan”). The City desires to not change the actual and effective zoning of the Annexation Area through the ATTACHMENT 6
12-35

Annexation process, and therefore desires to adopt the Tribe approved Section 24 Specific Plan; and

WHEREAS, on May 12, 2015, the Tribe certified an Environmental Impact Statement (“EIS”), attached hereto and incorporated herein by this reference as Exhibit “B”, pursuant to the Tribal Environmental Policy Act for the proposed Section 24 Specific Plan (SCH #2014011035), which included program level analysis for Annexation Area; and

WHEREAS, on May 12, 2015, the Tribe approved the Section 24 Specific Plan which covers approximately 577 acres within Section 24, Township 4 South, Range 5 East, which as mentioned above, the City previously annexed approximately 320 acres and now seeks to annex the remaining 257 acres), and provides for a mix of up to 3,138,600 square feet of commercial, retail, office, restaurant, hotel and entertainment uses, and up to 2,406 residential units (1,206 multifamily units are allocated for the Annexation Area) and which encompasses the proposed development of a planned age- restricted (55+) active adult residential community of up to 1,200 residential dwelling units on 320 acres of previously annexed portion of Section 24, which is currently under construction; and

WHEREAS, the CEQA Guidelines section 15221 (a) provides that when a project will require compliance with CEQA and the National Environmental Policy Act (“NEPA”), the City should use the EIS rather than preparing an Environmental Impact Report (“EIR”) or negative declaration if the following two conditions occur: (1) the EIS was prepared before an EIR or negative declaration was completed and (2) the EIS complies with the provisions of the CEQA Guidelines; and
WHEREAS, a lead agency is not required to circulate an EIS that will be used to satisfy CEQA for public review and comment if circulation of the document for review and comment by the federal agency was broad enough to satisfy CEQA’s standards. Thus, recirculation of an EIS is not required if the standard in 14 Cal. Code Regs. Section 15087(a) for notice of availability of a draft EIR is met. Notwithstanding, the City circulated a Notice of Intent to use the EIS for a 45 day comment period from March 20, 2023, to May 4, 2023. The City received two comment letters. When a lead agency gives notice it will use an EIS in place of an EIR, a second round of public review and comment is not required, and the lead agency is not required to provide written responses to comments that may be submitted after it provides notice. Under 14 Cal Code Regs Section 15225, the public comment period provided under NEPA is deemed to be sufficient for purposes of CEQA as long as CEQA’s circulation standards were met. Under 14 Cal Code Regs Section 15225, a lead agency that decides to use an EIS in place of an EIR need only 12-36

provide notice that it “believes” the EIS meets the requirements of CEQA; and WHEREAS, upon a duly noticed public hearing at a regular meeting of the Planning Commission on September 28, 2023, the Planning Commission adopted Resolution No. 2023-PC-05, recommending in relevant part that the City Council approve the use of the EIS instead of preparing or recirculating a new EIR for the Section 24 Specific Plan adoption and General Plan Zoning Map Amendment, and adopt the Mitigation Monitoring and Reporting Program (“MMRP”), and find the actions exempt from CEQA and CEQA Guidelines pursuant to Sections 15061(b)(3) and 15162; and WHEREAS, on October 19, 2023, a Notice of Determination regarding the Notice of Intent to use the EIS certified by the Tribe in May of 2015, was filed with the Office of the County Clerk of the County of Riverside; and

WHEREAS, no complaints, lawsuits, claims or petitions have been filed against the City thereafter challenging the City Council’s decision to use of the Tribal Environmental Impact Statement regarding the Tribe-approved Section 24 Specific Plan instead of preparing an Environmental Impact Report.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. RECITALS AND EXHIBITS

That the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.

SECTION 2. EVIDENCE

That the City Council has considered all of the evidence submitted into the administrative record, which includes, but is not limited to, the following:

(a) The City’s General Plan and General Plan Zoning Map; (b) The City’s Zoning Code as set forth in Title 17 of the Rancho Mirage Municipal Code;
(c) Section 24 Specific Plan approved by the Tribe on or about May 12, 2015, including the Record of Decision prepared by the Tribe; (d) The EIS certified/approved by the Tribe on May 12, 2015, including the Record of Decision prepared by the Tribe and its administrative record relating to the EIS;
(e) City’s Statement of Overriding Considerations;
(f) California Environmental Quality Act (CEQA) as set forth in Public Resources Code Sections 21000 et seq., and the CEQA Guidelines as set forth in Title 14 of the California Code of Regulations, Sections 15000 through 15387, inclusive; 12-37

(g) The Staff Report dated September 28, 2023, for the Rancho Mirage Planning Commission’s consideration;
(h) Testimony and/or comments from interested parties submitted to the City in both written and oral form at, or prior to, the public hearing conducted by the Planning Commission on September 28, 2023;
(i) The Staff Report dated October 19, 2023, for the City Council’s consideration; and
(j) Testimony and/or comments from interested parties submitted to the City in both written and oral form at, or prior to, the public hearing conducted by the City Council on October 19, 2023.

SECTION 3. FINDINGS

That based upon all of the evidence in the record, including, but not limited to, all matters listed in Section 2 above, the City Council finds as follows:

(a) The annexation of the Annexation Area, which is contiguous to the City’s current boundaries, is a logical and reasonable extension of the corporate limits of the City;
(b) The annexation of the Annexation Area is in conformance with and further implements the goals and policies of the City’s General Plan; (c) CEQA Guidelines Section1 5221(a) which provides that when a project will require compliance with CEQA and the National Environmental Policy Act, the City may use the EIS rather than preparing an EIR or negative declaration if the following two conditions occur: (1) the EIS was prepared before an EIR or negative declaration was completed and (2) the EIS complies with the provisions of the CEQA Guidelines;
(d) The EIS was prepared and adopted consistent with the substantive and procedural requirements of CEQA and CEQA Guidelines and included program level analysis for the Annexation Area;
(e) The EIS includes separate discussions of mitigation measures and growth inducing impacts;
(f) The EIS was presented to, and reviewed and considered by, the City Council, and the EIS reflects the City’s independent judgment and analysis; (g) The EIS is hereby certified as accurate and complete, and adopted by the City as the Environmental Impact Report for the Section 24 Specific Plan; (h) The findings set forth in the Statement of Overriding Considerations, as set forth in Exhibit “C”, attached hereto and incorporated herein by this reference (i) The project is exempt from CEQA pursuant to CEQA Guidelines 15162 (Subsequent EIRS and Negative Declarations) because the Section 24 Specific Plan was part of the overall project considered in the EIS, as certified by the Tribe in May of 2015, and certified by the City in Resolution No. 2023- ______, and that no substantial changes have occurred with respect to the circumstances under which the Specific Plan will be implemented, in relation to 12-38

the annexation of the Annexation Area, which will require modifications or revision to the EIS due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects and there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIS was certified, has become available that shows any of the following: (a) the Annexation will have one or more significant effects not discussed in the EIS; (b) significant effects previously examined will be substantially more severe than shown in the EIS; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the Annexation, but the City declines to adopt the mitigation measure(s) or alternative(s); or (d) mitigation measures or alternatives which are considerably different from those analyzed in the EIS would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative; and
(j) The project is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the GPZMA and/or Section 24 Specific Plan will have a significant effect on the environment because the GPZMA and Specific Plan simply allow for and adopt the existing zoning and land use regulations as set forth in the Section 24 Specific Plan land use regulations for the underlying zoning District. No changes to zoning are proposed on the Annexation Area because the property is currently subject to the Section 24 Specific Plan, and if adopted by Council, and upon completion of annexation, the Annexation Area will continue to be subject to the Section 24 Specific Plan; the only difference being that the Annexation Area will be annexed into the City.

SECTION 4. APPROVAL

That based upon the forgoing findings, the City Council hereby approves, in its independent judgment, that pursuant to CEQA and the CEQA Guidelines and the determination the EIS was prepared and approved by the Tribe consistent with the requirements of CEQA and the CEQA Guidelines; certifies the EIS as accurate and complete, and adequate under CEQA to serve as the City’s Environmental Impact Report for approval of the Tribe-Approved Section 24 Specific Plan, instead of preparing or recirculating a new EIR for the Section 24 Specific Plan; and hereby adopts the Mitigation Monitoring and Reporting Program (“MMRP”) attached hereto and incorporated in Exhibit “B”. That the City hereby adopts the Statement of Overriding Considerations.

SECTION 5. DEVELOPMENT SERVICES DIRECTOR AUTHORITY

That the City Council hereby authorizes the Director of Development Services or designee to take any further actions consistent with the intent of this Resolution to 12-39

effectuate the Annexation, including, but not limited to, filing any CEQA notices with the office of the Riverside County Clerk.

SECTION 6. 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 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 7. AMENDING OF BAIL SCHEDULE

That the City Attorney’s Office is hereby directed to determine whether this Resolution 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 8. EFFECTIVE DATE

That this Resolution shall take effect immediately upon its adoption.

SECTION 9. SEVERABILITY

That if 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 as hereby adopted shall remain in full force and effect.

SECTION 10. 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 11. REPEAL OF CONFLICTING PROVISIONS.

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

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The foregoing Resolution was approved and adopted at a meeting of the City Council held on ________________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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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EXHIBIT “A”

ANNEXATION AREA DESCRIPTION AND DEPICTION

[SEE ATTACHED]

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Section 24 Annexation Pre-Zoning Project Site

Location: Approximately 257 acres located at the southwest corner of the intersection of Ramon Road and Bob Hope Drive (APNs: 685-410-005, -006, -007, -012, & -013)

Project Site
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EXHIBIT “B”

ENVIRONMENTAL IMPACT STATEMENT
&
MMRP

[TO BE ATTACHED]

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EXHIBIT “C”

STATEMENT OF OVERRIDING CONSIDERATIONS

[SEE ATTACHED]

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Supplemental Findings
Based upon all of the evidence in the record, including but not limited to all matters listed in the City’s Resolution Approving Use of the EIS (SCH #2014011035), the City Council finds as follows:

A. Findings Regarding Significant Environmental Effects.

The EIS identifies the following potentially significant environmental effects of the Tribal Planning Areas (Annexation Area), and the discussions and analysis of these effects in the EIS is hereby incorporated into these Findings:

(1) Biological Resources: T he development of the Tribal Planning Areas development will result in loss of native vegetation and habitats that support sensitive species. (2) Cultural Resources: The Tribal Planning Areas development will disturb and develop 257 acres of land that may contain buried sensitive archeological resources and Tribal cultural resources, including religious or sacred materials, as well as previously undiscovered human remains, including the potential for Native American burials. (3) Geology & Soils: The Tribal Planning Areas development will include grading activities and the construction of homes and commercial buildings which could be subject to potential damage from geologic hazards, including earthquakes. (4) GHG Emissions: The Tribal Planning Area development and operations after buildout will generate GHG emissions that could contribute to a significant cumulative impact on the environmental relating to climate change, or conflict with an applicable plan to reduce GHG emissions. (5) Hazards and Hazardous Materials: Construction of the Tribal Planning Areas would require partial closures on public streets, including Ramon Road, which could impact emergency accessibility and circulation. In addition, the project site would be further assessed for underground storage tanks or other buried features. (6) Hydrology: Construction of the Tribal Planning Areas would potentially contribute to stormwater runoff effects and will permanently increase the amount of impervious surface area within the Project site. (7) Public Services: The additional residents in the Tribal Planning Areas will increase demand for fire, schools, and emergency services, as well as potentially increase demand for the Rancho Mirage Public Library. (8) Recreation: The additional residents in the Tribal Planning Areas could generate additional demand on the City's parks and recreational 12-46

amenities.
(9) Traffic and Transportation: The development and buildout of the Tribal Planning Areas could cause construction traffic impacts to the surrounding roadways, as well as increased traffic from future residents and visitors on nearby roads and intersections.
(10) Sewer: The Tribal Planning Area operations would increase demand on the Coachella Valley Water Districts existing sewer system and treatment capacity.
(11) Solid Waste: The Tribal Planning Areas could generate additional construction waste, as well as solid waste from the future residents and businesses that could impact available landfill capacity.

With respect to the potentially significant environmental effects identified in the EIS, changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment to the maximum extent feasible, and with implementation of the mitigation measures set forth in the Mitigation Monitoring and Reporting Program ("MMRP") adopted currently herewith, these potentially significant environmental effects of the Tribal Planning Areas, have been mitigated to a level of less than significant.

B. Findings Regarding Significant and Unavoidable Environmental Effects.

The EIS identifies the following potentially significant environmental effects on Air Quality and Noise that are considered significant and unavoidable, even after adopting all feasible project features and mitigation measures to reduce project emissions:

(1) Air Quality: The Tribal Planning Area development and buildout would exceed South Coast Air Quality Management District (SQAQMD) long term emissions thresholds for CO, Volatile Organic Compounds (VOC), and NOx. (2) Noise: The Tribal Planning Area development will generate significant construction noise related impacts in the vicinity of the project site, which will impact sensitive uses to the west and south.

Although mitigation measures MM 5.2-1 and MM 5.2-2 will substantially reduce Air Quality impacts and MM 5.10-1, MM 5.10-2, MM 5.10-3, MM 5.10-4 will substantially reduce Noise impacts within the Tribal Planning Areas. Generation of these pollutants and noise to the maximum extent feasible even with mitigation measures incorporated would still classify these impacts as significant and unavoidable, and none of the project alternatives analyzed in the EIS (other than the no project alternative) will substantially lessen these remaining impacts or reduce them to a level of less than significant.

However, specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the EIS, if any, that would further substantially lessen or avoid these impacts.

Specifically, the only feasible mitigation measure or project alternative that would further substantially reduce or avoid these air quality and noise impacts is the no project alternative, which is hereby rejected as inconsistent with the Section 24 Specific Plan 12-47

approved by the Tribe, and inconsistent with the City's General Plan, which currently identifies the site as the Section 24 Specific Plan area.

C. Statement of Overriding Considerations.

That the City adopts and makes this Statement of Overriding Considerations concerning the project’s unavoidable impacts to explain why the project’s benefits override and outweigh its unavoidable impacts.

That the City finds that the project’s significant environmental impacts are acceptable in light of the project’s benefits. Each benefit set forth below constitutes an overriding consideration warranting approval of the project, independent of the other benefits, despite each and every unavoidable impact.

With respect to the significant and unavoidable impacts identified above, the City finds that specific overriding economic, legal, social, technological or other benefits of the project outweigh the significant effects on the environment, including but not limited to:

1) Supporting the Tribe's vision for the development of the Tribal Planning Areas (Annexation Area);
2) Generating future residents that can support the adjacent golf and resort amenities within the City;
3) Implement the City's General Plan land use designation for the site, which will support existing and future commercial uses in the City that have the potential to generate sales tax revenue that helps meet the City's fiscal needs; and 4) Will result in increased jobs and stronger tax base, and implementation of City’s economic development goals.
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1 RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF RANCHO MIRAGE,

CALIFORNIA, APPROVING A GENERAL PLAN ZONING MAP
AMENDMENT AMENDING APPRIXOMATELY 257 ACRES OF SECTION
24, TO MIXED USE (M-U)
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, on or about March 23, 2017, the City annexed approximately 320 acres of Section 24 for the private development of an active adult project, which is currently under construction; and
WHEREAS, on November 21, 2019, at a duly noticed meeting of the City Council, the City Council approved Resolution No. 2019-63 to commence proceedings to annex the remaining portion of Section 24 which was not annexed in 2017, into the jurisdictional boundaries of the City pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code §§56000 et seq.) and to seek the approval of the Riverside Local Agency Formation Commission (“LAFCO”) for such annexation (“Annexation”); and
WHEREAS, in accordance with Resolution No. 2019-63, the City intends to annex the approximately 257 acres of land (“Annexation Area”), as described and depicted on Exhibit “A” of this Resolution, attached hereto and incorporated herein by this reference, located within the Tribal Reservation land and which is situated within the City’s Sphere of Influence; and
WHEREAS, while the Annexation Area is currently within the City’s Sphere of Influence, it is currently under the regulatory control of the Tribe and is currently subject to the Tribe approved Section 24 Specific Plan. The City desires to not change the actual zoning of the Annexation Area through the Annexation process. The City’s General Plan identifies the Annexation Area as Section 24 Specific Plan Area, as found on page 12, Exhibit 2; and Pages 14 and 18 of the General Plan further contemplates application of the Section 24 Specific Plan, referencing potential for up to an additional 6,277 employees based on 3,138,600 square feet of non-residential uses. Additionally, the General Plan provides that the City does not have regulatory control over land within the City’s Sphere of Influence, and it rather simply designates its preference for land use planning in this area. In other words, the City’s General Plan Zoning Map designation of the Annexation Area is not effective or have any regulatory control. Amending the City’s General Plan Zoning Map is required for consistency with the City’s General Plan, which, as mentioned above, contemplates application of the Tribe’s Section 24 Specific Plan. Moreover, no actual change to the Annexation Area is being proposed or effectuated by this General Plan Zoning Map Amendment because the Annexation Area is currently subject to the ATTACHMENT 7
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2 Tribe’s Section 24 Specific Plan, and upon annexation, will continue to be subject to the Section 24 Specific Plan. In other words, the actual zoning of the property remains identical, the only difference being the jurisdiction in which the land is located, and the General Plan Zoning Map Amendment is simply a cleanup item to comport with the General Plan to prezone the Annexation Area for the continued application of the Section 24 Specific Plan; and
WHEREAS, in order to implement the Section 24 Specific Plan for the Annexation Area, the General Plan Zoning Map, which currently consist of approximately 130 acres of Medium Density Residential (R-M), approximately 38.7 acres of High Density Residential (R-H), and approximately 74.7 acres of Community Commercial (C-C), will need to be changed to Mixed Use (M-U). The General Plan Zoning Map amendment and adoption of Section 24 Specific Plan will not result in any changed zoning of the subject property, as the Section 24 Specific Plan will remain in place. The M-U land use designation allows for the development of various uses working in harmony with each other, which can include a mix of residential, office, and commercial uses. This change is necessary to ensure that the General Plan remains consistent with the Section 24 Specific Plan.

WHEREAS, in accordance with Government Code Section 56375, LAFCO is requiring the City pre-zone the Annexation Area prior to annexation. Accordingly, the City desires to amend the City’s General Plan Zoning Map and adopt the Tribe-Approved Section 24 Specific Plan; and
WHEREAS, in accordance with Section 17.72.070 (Planning Commission Review) of the Rancho Mirage Municipal Code, upon a duly noticed public hearing at a regular meeting of the Planning Commission on September 28, 2023, the Planning Commission adopted Resolution No. 2023-PC-05, recommending (1) City Council adopt the proposed General Plan Zoning Map amendment (“GPZMA22-0003”), designating the Annexation Area on the General Plan Zoning Map as Mixed Use District; and (2) in accordance with Section 17.54.080 (Commission Action) of the Rancho Mirage Municipal Code, provided a written recommendation the City Council recommending the City Council adopt the Tribe-Approved Section 24 Specific Plan; and
WHEREAS, the Agua Caliente Band of Cahuilla Indians is a federally-recognized Indian Tribe (“Tribe”) exercising sovereign authority, including land use authority, over the lands of the Agua Caliente Indian Reservation ("Reservation"), including that certain largely undeveloped real property within the Reservation, consisting of approximately 257 acres, located within the unincorporated territory of the County of Riverside and the Sphere of Influence of the City, located within an area commonly known as Section 24; and
WHEREAS, on October 19, 2023, at a duly noticed meeting of the City Council, the City Council in its independent judgment approved Resolution No. 2023-____, which confirmed that the City reviewed and considered the Tribal certified EIS and, in relevant 12-50

3 part (i) determined that it was prepared and approved by the Tribe consistent with the requirements of CEQA and the CEQA Guidelines; and (ii) certified the EIS as accurate, complete, and adequate under CEQA to serve as the City’s Environmental Impact Report for approval of the Tribe-Approved Section 24 Specific Plan for the Annexation Area, instead of preparing and recirculating a new Environmental Impact Report for the same project; and adopted the Statement of Overriding Considerations; and WHEREAS, the EIS as accepted and approved by Resolution No. 2023-____ and includes a Mitigation Monitoring and Reporting Program (“MMRP”) which the City shall be responsible for enforcing in regards to the mitigation measures applicable to the Annexation Area; and
WHEREAS, on March 20, 2023, a Notice of Intent to use the EIS certified by the Tribe in May of 2015, was filed with the Office of the County Clerk of the County of Riverside; and
WHEREAS, no complaints, lawsuits, claims or petitions have been filed against the City thereafter challenging the City Council’s decision to use of the Tribal Environmental Impact Statement regarding the Tribe-approved Section 24 Specific Plan instead of preparing an Environmental Impact Report.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. RECITALS AND EXHIBITS

That the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.

SECTION 2. CONSISTENCY WITH GENERAL PLAN

That the City Council finds the GPZMA is consistent with the General Plan.

SECTION 3. ADOPT GENERAL PLAN ZONING MAP AMENDMENT

That the City Council hereby amends the existing designation on the Annexation Area to Mixed Use District, as identified in more detail in Exhibit “A”.

SECTION 4. CEQA COMPLIANCE
That pursuant to Resolution 2023-_____, the City Council approved the use of the EIS instead of preparing or recirculating a new EIR for the Section 24 Specific Plan adoption and General Plan Zoning Map Amendment, and adopted the Mitigation Monitoring and Reporting Program (“MMRP”), found the actions exempt from CEQA and 12-51

4 CEQA Guidelines pursuant to Sections 15061(b)(3) and 15162, and adopted a Statement of Overriding Considerations.

SECTION 5. DEVELOPMENT SERVICES DIRECTOR AUTHORITY
That the City Council hereby authorizes the Director of Development Services or designee to take any further actions consistent with the intent of this Resolution to effectuate the Annexation.

SECTION 6. 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 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 7. AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this Resolution 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 8. EFFECTIVE DATE

That this Resolution shall take effect immediately upon its adoption.

SECTION 9. SEVERABILITY

SECTION 10. 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 11. REPEAL OF CONFLICTING PROVISIONS.

That all provisions of any resolution and/or General Plan Zoning Map, in effect prior to the effective date of this Resolution as adopted by the City Council that are in conflict with the provisions of this Resolution, are hereby repealed.

The foregoing Resolution was approved and adopted at a meeting of the City Council held on October 19, 2023 by the following vote:
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5 AYES:

NOES:

ABSENT:

ABSTAIN:

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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6 EXHIBIT “A”

GENERAL PLAN ZONING MAP AMENDMENT
CASE NO. GPZMA22-0003
[SEE ATTACHED]

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Section 24 Annexation Pre-Zoning Project Site (Existing)

Medium Density
Residential (R-M)
Community
Commercial
(C-C)
High Density
Residential (R-H)
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Section 24 Annexation Pre-Zoning Project Site (Proposed)

Proposed Mixed
Use (M-U) for 257-
acre Project Site
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1 ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, PREZONING APPROXIMATELY 257 ACRES OF SECTION 24, ADOPTING THE TRIBE-APPROVED SECTION 24 SPECIFIC PLAN
WHEREAS, the City of Rancho Mirage is a charter city and recognized as a political subdivision of the State of California for certain purposes; and WHEREAS, on or about March 23, 2017, the City annexed approximately 320 acres of Section 24 for the private development of an active adult project, which is currently under construction, and more commonly known as Del Webb at Rancho Mirage; and
WHEREAS, on November 21, 2019, at a duly noticed meeting of the City Council, the City Council approved Resolution No. 2019-63 to commence proceedings to annex the remaining portion of Section 24 which was not annexed in 2017, into the jurisdictional boundaries of the City pursuant to the Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000 (Government Code §§56000 et seq.) and to seek the approval of the Riverside Local Agency Formation Commission (“LAFCO”) for such annexation (“Annexation”); and WHEREAS, in accordance with Resolution No. 2019-63, the City intends to annex the approximately 257 acres of land (“Annexation Area”), as described and depicted on Exhibit “A” of this Ordinance, attached hereto and incorporated herein by this reference, located within the Tribal Reservation land and which is situated within the City’s Sphere of Influence; and
WHEREAS, in accordance with Government Code Section 56375, LAFCO is requiring the City pre-zone the Annexation Area prior to annexation.

Accordingly, the City desires to amend the City’s General Plan Zoning Map and adopt the Tribe-Approved Section 24 Specific Plan, as set forth in more detail herein; and
WHEREAS, Section 17.54.020 (A) of the Rancho Mirage Municipal Code provides that “[a] specific plan adopted by ordinance shall replace the base zoning district for the subject property, and the development standards and guidelines identified in the specific plan shall take precedence over the general standards and guidelines contained in this title [Title 17 ‘Zoning’ of the Rancho Mirage Municipal Code]”; and
WHEREAS, in accordance with Section 17.72.070 (Planning Commission Review) of the Rancho Mirage Municipal Code, upon a duly noticed public hearing at a regular meeting of the Planning Commission on September 28, 2023, the Planning Commission adopted Resolution No. 2023-PC-05, recommending (1) City Council adopt the proposed General Plan Zoning Map amendment ATTACHMENT 8
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2 (“GPZMA22-0003”), designating the Annexation Area on the General Plan Zoning Map as Mixed Use District; and (2) in accordance with Section 17.54.080 (Commission Action) of the Rancho Mirage Municipal Code, provided a written recommendation the City Council recommending the City Council adopt the Tribe- Approved Section 24 Specific Plan; and
WHEREAS, the Agua Caliente Band of Cahuilla Indians is a federally- recognized Indian Tribe (“Tribe”) exercising sovereign authority, including land use authority, over the lands of the Agua Caliente Indian Reservation ("Reservation"), including that certain largely undeveloped real property within the Reservation, consisting of approximately 257 acres, located within the unincorporated territory of the County of Riverside and the Sphere of Influence of the City, located within an area commonly known as Section 24; and

WHEREAS, on May 12, 2015, the Tribe certified an Environmental Impact Statement (“EIS”) pursuant to the Tribal Environmental Policy Act for the proposed Section 24 Specific Plan, which included program level analysis for Annexation Area; and

WHEREAS, on May 12, 2015, the Tribe approved the Section 24 Specific Plan which covers approximately 577 acres within Section 24, Township 4 South, Range 5 East, which City annexed approximately 320 acres as stated herein, and seeks to annex the remaining 257 acres, and provides for a mix of up to 3,138,600 square feet of commercial, retail, office, restaurant, hotel and entertainment uses, and up to 2,406 residential units (1,206 multifamily units are allocated for the Annexation Area) and which encompasses the proposed development of a planned age-restricted (55+) active adult residential community of up to 1,200 residential dwelling units on 320 acres of previously annexed portion of Section 24, which is currently under construction; and

WHEREAS, a lead agency is not required to circulate an EIS that will be used to satisfy CEQA for public review and comment if circulation of the document for review and comment by the federal agency was broad enough to satisfy CEQA’s standards. Thus, recirculation of an EIS is not required if the standard in 14 Cal. Code Regs. Section 15087(a) for notice of availability of a draft EIR is met.

Notwithstanding, the City circulated a Notice of Intent to use the EIS for a 45 day comment period from March 20, 2023, to May 4, 2023. The City received two comment letters. When a lead agency gives notice it will use an EIS in place of an EIR, a second round of public review and comment is not required, and the lead 12-58

3 agency is not required to provide written responses to comments that may be submitted after it provides notice. Under 14 Cal Code Regs Section 15225, the public comment period provided under NEPA is deemed to be sufficient for purposes of CEQA as long as CEQA’s circulation standards were met. Under 14 Cal Code Regs Section 15225, a lead agency that decides to use an EIS in place of an EIR need only provide notice that it “believes” the EIS meets the requirements of CEQA; and

WHEREAS, on October 19, 2023, at a duly noticed meeting of the City Council, the City Council in its independent judgment approved Resolution No. 2023-____, which confirmed that the City reviewed and considered the Tribal certified EIS and, in relevant part (i) determined that it was prepared and approved by the Tribe consistent with the requirements of CEQA and the CEQA Guidelines; and (ii) certified the EIS as accurate, complete, and adequate under CEQA to serve as the City’s Environmental Impact Report for approval of the Tribe- Approved Section 24 Specific Plan for the Annexation Area, instead of preparing and recirculating a new Environmental Impact Report for the same project; and found the proposed project exempt from CEQA; and
WHEREAS, the EIS as accepted and approved by Resolution No. 2023- ______ and includes a Mitigation Monitoring and Reporting Program (“MMRP”) which the City shall be responsible for enforcing in regards to the mitigation measures applicable to the Annexation Area, and adopting a Statement of Overriding Considerations; and

WHEREAS, on October 19, 2023, a Notice of Determination regarding the Notice of Intent to use the EIS certified by the Tribe on May 12, 2015, was filed with the Office of the County Clerk of the County of Riverside; and

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.

SECTION 2. FINDINGS AND DETERMINATIONS

That the City finds and determines that the Tribe-approved Section 24 Specific Plan is consistent with the general plan, as amended by the General Plan 12-59

4 Zoning Map Amendment GPZMA22-0003 in that the Section 24 Specific Plan provides for a mix of up to 3,138,600 square feet of commercial, retail, office, restaurant, hotel and entertainment uses, all of which is consistent with uses in the Mixed Use (M-U) zone, which recognizes the potential for thoughtfully planned, integrated commercial, office and residential uses, subject to a specific plan; would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; the subject property is physically suitable for the requested zoning district(s) and the anticipated land use development(s); ensures development of desirable character which would be harmonious with existing and proposed development in the surrounding neighborhood; has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); and as mitigated in the MMRP with respect to those mitigation measures applicable to the Annexation Area there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored (except to the extent disclosed in the Tribal certified EIS and accepted in the Tribe’s Statement of Overriding Considerations, as adopted by the City).

SECTION 3. ADOPTION OF TRIBE-APPROVED SECTION 24

SPECIFIC PLAN

That upon redesignating the Annexation Area as Mixed-Use zone via the General Plan Zoning Map Amendment, the City Council hereby adopts the Tribe- approved Section 24 Specific Plan (“Specific Plan”), a copy of which is attached hereto and incorporated herein by this reference as Exhibit “B”, with respect to the portion which encompasses the Annexation Area, consistent with the development standards and guidelines identified therein.

SECTION 4. CEQA COMPLIANCE

That pursuant to Resolution 2023-_______, the City Council approved the use of the EIS instead of preparing or recirculating a new EIR for the Section 24 Specific Plan adoption and General Plan Zoning Map Amendment, and adopted the Mitigation Monitoring and Reporting Program (“MMRP”), found the actions exempt from CEQA and CEQA Guidelines pursuant to Sections 15061(b)(3) and 15162, and adopting a Statement of Overriding Considerations.

SECTION 5. DEVELOPMENT SERVICES DIRECTOR

AUTHORITY

That the City Council hereby authorizes the Director of Development Services or designee to take any further actions consistent with the intent of this Ordinance to effectuate the Annexation.

SECTION 6. CITY ATTORNEY REVIEW

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

SECTION 7. 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 8. AMENDING OF BAIL SCHEDULE

That the City Attorney’s Office 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. EFFECTIVE DATE OF ORDINANCE

That this Ordinance shall take effect thirty (30) days after its second reading by the City Council.

SECTION 10. CERTIFICATION

That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.

[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

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6 PASSED AND ADOPTED on this _____ day of ___________, 2023.

_________________________
Richard W. Kite, Mayor

ATTEST:

_____________________________
Kristie Ramos, City Clerk

APPROVED AS TO FORM:

_____________________________
Steven B. Quintanilla, City Attorney

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7 EXHIBIT “A”

DESCRIPTION AND DEPICTION OF PROJECT SITE
[SEE ATTACHED]

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Section 24 Annexation Pre-Zoning Project Site

Location: Approximately 257 acres located at the southwest corner of the intersection of Ramon Road and Bob Hope Drive (APNs: 685-410-005, -006, -007, -012, & -013)

Project Site
12-64

8 EXHIBIT “B”

TRIBE-APPROVED SECTION 24 SPECIFIC PLAN

[TO BE ATTACHED]

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DRAFT 9/28/2023 Planning Commission Regular Meeting Minutes Page 1 of 4

PLANNING COMMISSION MEETING
THURSDAY, SEPTEMBER 28, 2023 - 2:00 P.M.

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

Present: Agostini, Bryant, Curran.

Absent: Chanter, Grey.

MOVED/SECONDED BY BRYANT/CURRAN TO EXCUSE COMMISSIONER CHANTER AND CHAIR GREY’S ABSENCES. MOTION CARRIED 3/0.

COMMISSIONER COMMENTS
Vice Chair Agostini welcomed everyone to the meeting. He commented that he read an article in The Desert Sun about Tropical Storm Hillary and mentioned that the local real estate communities have set up an assistance fund.

NON-AGENDA PUBLIC COMMENTS - None.

APPROVAL OF MINUTES – September 14, 2023, Regular Meeting MOVED/SECONDED BY CURRAN/BRYANT TO APPROVE THE SEPTEMBER 14, 2023, REGULAR PLANNING COMMISSION MEETING MINUTES AS PRESENTED. MOTION CARRIED 3/0.

PUBLIC HEARINGS

1.Section 24 Annexation Pre-Zoning - Environmental Assessment Case No. EA22- 0019, Annexation Case No. ANN22-0001, General Plan Zoning Map Amendment Case No. GPZMA22-0003, and Specific Plan Case No. SP23-0001- Applicant: City of Rancho Mirage - The project site occupies approximately 257 acres of mostly vacant undeveloped land within the reservation of the Agua Caliente Band of Cahuilla Indians ATTACHMENT 9
12-66

DRAFT 9/28/2023 Planning Commission Regular Meeting Minutes Page 2 of 4 (Tribe) and within the City’s Sphere of Influence. The site is currently in the annexation process with the Local Agency Formation Commission (LAFCO) to be annexed into Rancho Mirage, but the application is pending the outcome of the subject request. Pre- zoning must be established as part of LAFCO’s application process. The project site is currently subject to the Tribe approved Section 24 Specific Plan, as the land is currently within the Tribal Reservation. Pursuant to the Section 24 Specific Plan, the project site has already been approved by the Tribe for the potential development of up to 3,138,600 square feet of commercial, retail, office, restaurant, hotel and entertainment uses, and up to 1,206 multifamily residential units. The Tribe prepared and approved the Section 24 Specific Plan to guide the development of 576 acres of Tribal Reservation Land bounded by Ramon Road on the north, Bob Hope Drive on the east, Dinah Shore Drive on the south, and Los Alamos Road on the west in 2015. A General Plan/Zoning Map Amendment is proposed to amend the existing General Plan Zoning Map designations of the project site to be consistent with the currently applicable and effective Tribe approved Section 24 Specific Plan. Pursuant to the City’s General Plan Zoning Map, the project site consists of Medium Density Residential (R-M), High Density Residential (R- H), and Community Commercial (C-C). Upon adoption of the General Plan Zoning Map Amendment, the entire project area is proposed to have an underlying designation of Mixed Use (M-U) and the Section 24 Specific Plan is proposed to be adopted to establish seven (7) Planning areas within the subject site. The property the City is proposing to annex and amend the pre-zoning designation for is only the Tribal Planning Areas (1-7) identified in the Section 24 Specific Plan. The remainder of the Section 24 Specific Plan area had been adopted and annexed with the Pulte/Del Webb project. There are no development projects currently proposed with the Specific Plan. Location southwest corner of Ramon Road and Bob Hope Drive (APNs: 685-410-005, -006, -007, -012, & - 013) on approximately 257 acres.

A. Consider adopting Resolution No. 2023-PC-[Next-in-Order] recommending that the City Council take the following actions:

1) Adopt Resolution No. [Next-in-Order] approving the use of the Tribal Environmental Impact Statement, adopting the Mitigation Monitoring and Reporting Program, adopting a Statement of Overriding Considerations, and finding the proposed project exempt from CEQA pursuant to CEQA Guidelines Section 15061(b) (3) and 15162; and
2) Adopt Resolution No. [Next-in-Order] approving a General Plan Zoning Map Amendment (GPZMA22-0003) Designating the 257 acres Mixed Use (M-U); and
3) Introduce and Adopt Ordinance No. [Next-in-Order] approving the Section 24 Specific Plan (SP23-0001) for the 257-acre project site.

Ben Torres, Planning Manager, presented the staff report.

Public Comments

Salvador Amesquita, representing Southwest Regional Council of Carpenters Union, urged the City to require the project to utilize contractors paying a living wage and utilize state-certified apprenticeship programs.

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DRAFT 9/28/2023 Planning Commission Regular Meeting Minutes Page 3 of 4

COMMISSIONER COMMENTS

Vice Chair Agostini inquired about the future development application process.

Mr. Torres described the development processes and how they vary depending on land ownership.

Commissioner Curran commented that he was in favor of the annexation.

Commissioner Bryant commented that Bob Hope Drive was a major gateway into Rancho Mirage and the development of the annexation land was going to have a significant impact on Rancho Mirage. He added that there had been a tremendous amount of work done by the Tribe and the City.

Commissioner Bryant asked staff to clarify who was noticed within the 500-foot mailing radius.

Mr. Torres confirmed that the City created a notification package that captured properties within a 500-foot radius from the exterior boundaries of the entire site. He elaborated that it included homes within Del Webb, properties north of Ramon Road, properties east of Bob Hope Drive, and developments south of Dinah Shore Drive.

Commissioner Bryant asked staff to explain why the development was exempt from CEQA.

Mr. Torres stated that some projects could be determined exempt from CEQA, and others required further environmental review and analysis. He explained that the Tribe approved an Environmental Impact Statement in 2015 and that the Tribe was not subject to CEQA, they have a Tribal Environmental Policy Act (TEPA) that follows the regulations of the National Environmental Policy Act (NEPA). He elaborated that the Environmental Impact Statement for the Section 24 Specific Plan was prepared in compliance with CEQA Guidelines and followed the noticing and procedural requirements of CEQA as well as TEPA.

Commissioner Bryant asked if there was a component for employee or affordable housing in the residential areas.

Mr. Torres responded that the Section 24 Specific Plan designated where potential uses could go; there were no specific development projects proposed at this time.

Commissioner Bryant asked if there was an estimate of how many acre-feet of water would be used.

Dan Malcolm, Planning Director for the Agua Caliente Band of Cahuilla Indians Tribe, gave a brief explanation of the Section 24 Specific Plan and the creation and adoption of the plan. He explained the difference between CEQA and TEPA, adding that TEPA was just as rigorous as CEQA. He added that there were currently no development plans for the project site. Lastly, he mentioned that water use would be contingent on what was developed.

Majna Dukic, Director of Development Services, referred to Section 5.15.1 of the EIS that included the Water Supply Assessment for the Specific Plan.

Commissioner Bryant asked about Transient Occupancy Tax (TOT) if a hotel was developed. 12-68

DRAFT 9/28/2023 Planning Commission Regular Meeting Minutes Page 4 of 4

Isaiah Hagerman, City Manager, explained that the Tribe had been great partners with the City and the City had enjoyed a great government to government relationship. He elaborated that the Tribe understood that services come from the City and those conversations typically happen when there was a project.

Commissioner Bryant inquired about the development of the Planning Areas and the roads leading to the site and traffic lights.

Mr. Malcolm answered Commissioner Bryant questions about the development, reporting that the road connecting Del Webb to the casino would soon be open for resident use.

Ryan Stendell, Director of Public Works, explained how the number of traffic lights would be determined.

MOVED/SECONDED BY CURRAN/BRYANT TO ADOPT RESOLUTION NO. 2023-PC-05, RECOMMENDING THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:

1) ADOPT RESOLUTION NO. [NEXT-IN-ORDER] APPROVING THE USE OF THE

TRIBAL ENVIRONMENTAL IMPACT STATEMENT, ADOPTING THE MITIGATION

MONITORING AND REPORTING PROGRAM, ADOPTING A STATEMENT OF

MOTION CARRIED 3/0.

ADJOURNMENT

With no further business to consider, the Planning Commission meeting was adjourned at 2:32 P.M.

Prepared by: Deanna Mendoza
Development Services Technician

Date Approved by Planning Commission:
12-69

CITY OF RANCHO MIRAGE
69-825 Highway 111, Rancho Mirage, CA 92270-2898 (760) 324-4511/328-2266

NOTICE OF DETERMINATION
To: Office of Planning and Research Chief Deputy County Clerk Sacramento, CA 95814 Riverside, CA 92501
Project Title/Case Nos. Section 24 Annexation Pre-Zoning – Environmental Assessment Case No. EA22-0019, Annexation Case No.

ANN22-0001, General Plan Zoning Map Amendment Case No. GPZMA22-0003, and Specific Plan Case No.

SP23-0001
Applicant: City of Rancho Mirage
Project Location: Approximately 257 acres located at the southwest corner of the intersection of Ramon Road and Bob Hope Drive (APNs: 685-410-005, -006, -007, -012, & -013).

Project Description: The project site occupies approximately 257 acres of mostly vacant undeveloped land within the reservation of the Agua Caliente Band of Cahuilla Indians (Tribe) and within the City’s Sphere of Influence. The site is currently in the annexation process with the Local Agency Formation Commission (LAFCO) to be annexed into Rancho Mirage, but the application is pending the outcome of the subject requests. Pre-zoning must be established as part of LAFCO’s application process.

A General Plan/Zoning Map Amendment is proposed to amend the existing pre-zoning designations of the project site which consist of Medium Density Residential (R-M), High Density Residential (R-H), and Community Commercial (C-C). The entire project area is proposed to have an underlying designation of Mixed Use (M-U) and the Tribe’s existing Section 24 Specific Plan will be adopted to establish seven (7) Planning areas within the subject site. The project site has already been approved by the Tribe for the potential development of up to 3,138,600 square feet of commercial, retail, office, restaurant, hotel and entertainment uses, and up to 1,206 multifamily residential units. The Tribe prepared and approved the Section 24 Specific Plan to guide the development of 576 acres of Tribal Reservation Land bounded by Ramon Road on the North, Bob Hope Drive on the east, Dinah Shore Drive on the south, and Los Alamos Road on the west in 2015.

The Specific Plan would serve as the land use document guiding future development.

Notice of Determination
Filing of Notice of Determination in compliance with Public Resources Code, Section 21108 or 21152. The City of Rancho Mirage has approved the above described project on _____________and has determined:

1.The project will will not have a significant effect/impact on the environment.

2. An Environmental Impact Statement was prepared for this project pursuant to the provisions of CEQA.

3. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.

4.Mitigation measures were were not made conditions of approval for the project.

5.A mitigation reporting or monitoring plan was was not adopted for this project.

6.A Statement of Overriding Considerations was was not adopted for this project.

7. Findings were were not made pursuant to the provisions of CEQA.

The City Council adopted the following Finding: The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). This is to certify that the project file and record of project approval are available to the general public at: City of Rancho Mirage, 69-825 Highway 111, Rancho Mirage, CA 92270.

Environmental Impact Statement - Rancho Mirage City Council Date: _____________
Ben Torres
Planning Manager
ATTACHMENT 10
12-70

I hereby certify that the City of Rancho Mirage has made the above findings of fact and that based upon the Mitigated Negative Declaration and hearing record the project will not have a significant effect on the environment.

Date: ______________

Ben Torres
Lead Agency Responsible Agency Planning Manager
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02.27.15 ATTACHMENT 11
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February 27, 2015
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SECTION 24
Section 24 Specific Plan
Table of Contents

Chapter 1: Summary Statement…...………………………………………………………...1

1.1 Overview
Chapter 2: Introduction……………………………………………………………….……...2

2.1 Agua Caliente Tribal Council Authority 2

2.1.1 Agua Caliente Land Use Ordinance

2.2 Purpose and Intent 3

2.3 Site Location 4

2.3.1 Regional Setting

2.3.2 Community Setting

2.4 Environmental Assessment 7

Chapter 3: Context and Conditions…………………………..……………………………...8

3.1 Existing Site Conditions 8

3.1.1 Topography

3.1.2 Property Ownership

3.1.3 Circulation Systems

Chapter 4: Specific Plan Concepts………………………………………………………….12

4.1 Specific Plan Objectives 12

4.2 Development Plan 13

4.2.1 Land Use Categories

4.2.2 Planning Areas

4.2.3 Conceptual Land Use Plan Summary

4.3 Mobility and Streetscape Improvement 19

4.3.1 “Complete Streets” Planning in Section 24

4.3.2 Vehicular Circulation Plan

4.3.3 Roadway Classifications and Sections

4.3.4 Public Transportation System Plan

4.3.5 Pedestrian and Alternative Vehicle Circulation Plan

4.3.6 Roadway Corridors Landscape Plan

4.4 Open Space 41

4.4.1 Public Parks, Trail Corridors and Open SpacE

4.4.2 Active Adult Community Private Open Space Amenities

4.5 Environmental Sustainability 44

4.5.1 Water Conservation

4.5.2 Plant Palette

4.5.3 Low Impact Development

4.5.4 Complete Streets Design

4.6 Section 24 Grading Concept 52
____________________________________________________________________________________________i 12-74

SECTION 24

4.7 Public Facilities and Utilities Plan 57

4.7.1 Water Conservation and Stormwater Management

4.7.2 Water Supply

4.7.3 Stormwater Management

4.7.4 Sanitary Sewer

4.7.5 Dry Utilities

4.7.6 Public Services/ Fire and Police
Chapter 5: Development Regulations………………………………………………………67

5.1 Permitted Uses 67

5.2 General Development Standards 72

5.2.1 General Development Standards for Section 24

5.2.2 Additional General Development Standards/ Active Adult Community

5.3 Open Space Standards 83

5.3.1 Residential Standards

5.3.2 Mixed Use Residential Standards

5.3.3 Commercial and Office Standards

5.3.4 Special Open Space Provisions

5.4 Parking Standards 86

Chapter 6: Design Guidelines……………………………………………………………….88

6.1 Commercial, Mixed Use and Residential Development 88

6.1.1 Environmental Design

6.1.2 Site Design

6.1.3 Building Design

6.1.4 Signage Design

6.1.5 Lighting Design

6.1.6 Wall and Fence Design

6.1.7 Hardscape Design

6.1.8 Landscape Design

6.2 Single Family Residential 118

6.2.1 Site Design

6.2.2 Residential Design

6.2.3 Non-Residential Design

6.2.4 Signage Design

6.2.5 Lighting Design

6.2.6 Wall and Fence Design

6.2.7 Landscape Design

Chapter 7: Implementation………………………………………………………………..140

7.1 General Administration 140

7.1.1 Interpretation

7.1.2 Severability

7.1.3 Approval authority

7.1.4 Amendments to the Specific Plan

____________________________________________________________________________________________ii 12-75

SECTION 24

7.2 Review and Approval Process 141

7.2.1 Pre-Application Conference

7.2.2 Design Review

7.2.3 Permit and Variances

7.2.4 Submittal Requirements

7.2.5 Required Findings

7.3 Residential Development Transfer Program 144

7.3.1 Submittal and Approval Procedures

7.4 Off-Site Infrastructure Responsibilities 145

7.4.1 Off-Site Infrastructure Responsibilities for Planning Areas 1 through 7

7.4.2 Off-Site Infrastructure Responsibilities for Planning Area 8 (AAC)

7.5 Implementation, Maintenance and Monitoring 147

7.5.1 Residential Development Transfer Program

7.5.2 Traffic Thresholds

7.5.3 Parking Management

7.5.4 Owner Association

7.6 Infrastructure Financing 148

7.6.1 Reimbursement Agreement

7.6.2 Public Financing Mechanisms

7.6.3 Development Impact Fees

7.6.4 Infrastructure Grant Programs

Chapter 8: Appendix

Figures
Figure 1: Coachella Valley Setting 5
Figure 2: Vicinity Map 6
Figure 3: Existing Topography 9
Figure 4: Property Ownership 10
Figure 5: Existing Circulation Systems 11
Figure 6: Land Use Plan 17
Figure 7: Vehicle Circulation Plan 21
Figure 8: Access and Intersection Control 22

Figure 9: Bob Hope Drive 27
Figure 10: Ramon Road 28
Figure 11: Dinah Shore Drive 29
Figure 12: ”A” Street Boulevard 30
Figure 13: Los Alamos Road 31
Figure 14: Active Adult Community Collector Roadway 32 Figure 15: Active Adult Community Local Street 33

Figure 16: Public Transportation System Plan 35
Figure 17: Pedestrian and Alternative Vehicle Circulation Plan 37 Figure 18: Pedestrian and Alternative Vehicle Systems Photos 38 Figure 19: Conceptual Landscape Corridor Plan 40
________________________________________________________________________________________iii 12-76

SECTION 24
Figure 20: Conceptual Open Space Plan 43
Figure 21: Section 24 Landscape Corridor Plant Palette Photos 48 Figure 22: Site Development Plant Palette Photos 51

Figure 23A: Conceptual Interim Cut/ Fill Exhibit 53
Figure 23B: Conceptual Ultimate Cut/ Fill Exhibit 54
Figure 23C: Conceptual Mass Grading Exhibit 55
Figure 24: Illustrative Ultimate Grading Site Section 56 Figure 25: Conceptual Master Water Plan 60
Figure 26: Conceptual Drainage Plan 62
Figure 27: Conceptual Master Sewer Plan 64

Figure 28: Active Adult Community Residential Illustrations 77 Figure 29: Single Family Attached Residential Overlay Area 79

Figure 30: Environmental Design Photos 91
Figure 31: Site Design Photos 97
Figure 32: Building Design Photos 102
Figure 33: Signage Program Location Key Map 105
Figure 34: Signage Design Photos 106
Figure 35: Lighting Design Photos 110
Figure 36: Wall and Fence Design Photos 112
Figure 37: Hardscape Design Photos 115
Figure 38: Landscape Design Photos 117

Figure 39: Site Design Photos 119
Figure 40: Residential Design Photos 124
Figure 41: Non-Residential Design Photos 126
Figure 42: Signage Design Photos 128
Figure 43: Lighting Design Photos 130
Figure 44: Wall and Fence Design Photos 133
Figure 45: Landscape Design Photos 139

Tables

Table 1: Land Use Summary 18
Table 2: Section 24 Landscape Corridor Plant Palette 47 Table 3: Section 24 Site Development Plant Palette 49

Table 4: Density and Water Demand Table 59

Table 5: Permitted Uses 68
Table 6: Density and Intensity Standards 72
Table 7: Building Height Standards 74
Table 8: Building Setback Standards 75
Table 9: Parking Standards 86

________________________________________________________________________________________________________________iv

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SECTION 24

CHAPTER 1: SUMMARY STATEMENT

1.1 OVERVIEW
he preparation of this Specific Plan for a portion of Section 24 includes a total land area of approximately 577 acres within the Agua Caliente Indian Reservation (“Reservation”), and involves the participation of Agua Caliente Band of Cahuilla Indians (“Tribe”), in control of approximately 217 acres of land in the Specific Plan area. The “Agua Caliente Band of Cahuilla Indians Land Use Ordinance” currently zones this portion of Section 24 as “Specific Plan”. Pulte Home Corporation/ SCC Rancho Mirage Holdings LP (“Pulte/ SCC”), the developer of a proposed active adult community of approximately 313 acres and Frank Prieto Trust, landowner of approximately 40 acres, are directly involved with the Tribe in the preparation of this Specific Plan.

The Section 24 Specific Plan area is located within unincorporated Riverside County, but is surrounded on all four of its sides by property previously annexed by the City of Rancho Mirage (“City”). The area is bounded by the following roadways: 1) Ramon Road on the north; 2) Bob Hope Drive on the east; 3) Dinah Shore Drive on the south; and 4) Los Alamos Road on the west.

The overall vision for the Section 24 Specific Plan is to create a master planned, mixed-land use community. The Section 24 Specific Plan will accommodate a higher density mix of retail, entertainment, office, hotel and residential land uses within a Commercial and Mixed Use Development, in combination with a lower density Active Adult Community in accordance with the objectives of the involved property owners. Within this Specific Plan, coordination has been undertaken with the adopted Rancho Mirage Section 19 Specific Plan in order to plan for a consistency of land development criteria as well as site planning, building architecture and landscape design quality.

The creation of a mixed-use community within Section 24 enables residents to live within walking and non-motorized vehicle distances from stores, restaurants, recreational areas, and associated cultural/ entertainment venues. The mixed-use development allowed under this Specific Plan will enable developments to incorporate public open space areas and recreational amenities in combination with extensive private open space and recreational amenities included within the Active Adult Community portion of the Specific Plan area. Emphasis is placed on a “Complete Streets” transportation planning approach for public streets which will encourage a balanced and safe mix of vehicular, pedestrian, bicycle, golf cart, neighborhood electric vehicle (NEV), local “circulator” transit and regional bus transit throughout the planned community, including service to the entrance gateways of the Active Adult Community.

This Specific Plan will provide the guidance necessary for a cohesive development of Section 24 over time so that planned improvements will be able to proceed for individual properties while allowing other parts of the section to grow and develop in an organized manner. Coordinated planning efforts have brought together the Agua Caliente Band of Cahuilla Indians, Pulte/ SCC and the Frank Prieto Trust to produce an integrated and unified vision for the Specific Plan area.

T
SPECIFIC PLAN Page 1 12-78

SECTION 24

CHAPTER 2: INTRODUCTION

2.1 AGUA CALIENTE TRIBAL COUNCIL AUTHORITY

2.1.1 Agua Caliente Land Use Ordinance
Specific plans act as a bridge between the general plan and individual development proposals; thus they combine development standards and guidelines, capital improvement programs and financing methods into a single document that is tailored to meet the needs of a specific area. This Specific Plan is to be processed for approval and adoption through the Tribe with parallel review steps by the City of Rancho Mirage. Thus, a full Consistency Analysis with the City of Rancho Mirage’s General Plan is not technically required in this case, but this Specific Plan does attempt to achieve consistency with the City’s General Plan, as well as compatibility with the City’s adjacent Section 19 Specific Plan (adopted February 18, 2010).

The “Agua Caliente Band of Cahuilla Indians Land Use Ordinance” adopted under the inherent sovereign authority of the Tribe on July 14, 2009, presents standards for a specific plan application that are consistent with California Government Code requirements. According to Section 10.12.3 of the Land Use Ordinance, a specific plan shall include a text and a diagram or diagrams which address the following aspects of development:
• The distribution, location, and extent of the all proposed land uses within the area covered by the plan;

• The proposed distribution, location, and extent, and intensity of public and private transportation, sewage, water, drainage, solid waste disposal, energy and other utilities and public services proposed to be located within the area covered by the plan and needed to support the land uses described in the plan:

• Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

• A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to implement the plan; and

• Any other information deemed necessary by the Tribal Council for adequate review and consideration of the proposal.

Upon adoption by the Tribal Council, this Specific Plan will serve as the basis for zoning for the properties involved. It establishes the necessary plans, development standards, regulations, infrastructure requirements, design guidelines and implementation programs on which subsequent project-related development activities are to be founded. It is intended that all local public works projects, design review plans, detailed site plans, grading and building permits, or any other action requiring ministerial or discretionary approval applicable to Section 24 be consistent with this Specific Plan. The Rancho Mirage City Council and City Staff will have the authority to interpret and implement the Specific Plan for any portion of the Specific Plan area that is annexed to the City and becomes subject to the City’s land use jurisdiction.

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2.2 PURPOSE AND INTENT

When coordinated with the adopted Section 19 Specific Plan, the Section 24 Specific Plan provides a new vision for the northern entrance of the City of Rancho Mirage. What is now a collection of vacant parcels can grow into desert oasis of commercial, hotel entertainment, office, mixed-use residential uses and an active adult planned residential community. The provisions of this Specific Plan will foster the creation of a development that appeals to the region’s population, expands employment opportunities, distinguishes itself from other development along the I-10 corridor through the Coachella Valley, and provides unique gathering places for the community.

The creation of this Specific Plan establishes a unified vision for the Specific Plan area with the goal of applying innovative planning and design solutions to create a sense of place at all scales. The Specific Plan will create land uses, circulation systems design, site development criteria and design guidelines that promote the Specific Plan area’s long-term success and enhance the character of the site and adjacent uses. This document will provide for a scale and mix of land uses for the most efficient use of the existing parcels, taking into consideration size and shape, proximity to adjacent uses, and the potential for phased development of the Specific Plan area.

It is important to note that this statement of Purpose and Intent of the Section 24 Specific Plan maintains consistency with the statement of Purpose and Intent of the “Agua Caliente Band of Cahuilla Indians Land Use Ordinance”, or more specifically:

• To ensure the highest and best use of all land;

• To direct the timely and orderly development;

• To preserve and protect land, air, water, environmental resources and property values;

• To regulate the type and intensity of development;

• To protect and maintain the area’s unique and irreplaceable natural resources; and

• To preserve open space, clean air, groundwater recharge and wildlife.

At build-out, the Section 24 Specific Plan provides for a potential mix of up to 3,138,600 square feet of commercial, retail, restaurant, office, hotel and entertainment building floor area, up to 1,206 medium density multifamily/ single family attached residential units and up to 1,200 single family age restricted residential units.

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SECTION 24

2.3 SITE LOCATION

2.3.1 Regional Setting

The Section 24 Plan area is surrounded by the City of Rancho Mirage which is considered to be in the heart of the Coachella Valley in Riverside County, nestled at the base of the Santa Rosa Mountains and conveniently located to utilize the southern California freeway system via Interstate Highway 10. The majority of future development in this area of the Coachella Valley is expected to occur near the I-10 corridor. The location of the Specific Plan area in its Coachella Valley regional setting is illustrated in Figure 1 on page 5.

2.3.2 Community Setting
The proposed project consists of the development of a Specific Plan for a portion of Section 24, an approximately 577 acre area of the Reservation located within unincorporated Riverside County, which is surrounded on all four of its sides by the City of Rancho Mirage. The Specific Plan area is bounded by the following roadways: 1) Ramon Road on the north; 2) Bob Hope Drive on the east; 3) Dinah Shore Drive on the south; and 4) Los Alamos Road on the west. The Section 19 Specific Plan, is located directly east across Bob Hope Drive from the Section 24 Specific Plan and directly southeast of the Agua Caliente Casino/ Resort/ Spa.

An aerial photograph of the project vicinity is provided in Figure 2 on page 6 which illustrates the Specific Plan area relative to surrounding existing developments such as: the Agua Caliente Casino/ Resort/ Spa to the east; the Mission Hills resort community to the west and south; and the Desert Ridge Plaza shopping center to the southeast. The Section 19 Specific Plan, adopted by the City of Rancho Mirage, is shown directly east of this Specific Plan area. Section 13 is located north of the Specific Plan area and was recently annexed by the City of Rancho Mirage.

The Agua Caliente Casino/ Resort/ Spa is located on a 36-acre parcel at the southeast corner of the Bob Hope Drive and Ramon Road intersection which is adjacent to the Bob Hope Drive Interstate 10 Interchange. This regionally significant entertainment attraction is not included within the boundaries of this Specific Plan, but its adjacency provides an economic stimulus that is considered a positive attribute and amenity for this Specific Plan area. The facility, which opened in 2001 and underwent significant expansion beginning in 2006, includes: a 340-room hotel; 70,000 square feet of gaming floor; a 2,000 seat showroom; 13,000 square feet of flexible meeting space; six distinct dining venues; a resort pool, spa and fitness center; and 2,500 parking spaces.

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2.4 ENVIRONMENTAL ASSESSMENT
The Section 24 Specific Plan Environmental Impact Statement (EIS) serves primarily as a source of environmental information for the Agua Caliente Band of Cahuilla Indians, the lead agency for the Specific Plan, as well as for review and comment by the City of Rancho Mirage, the lead agency for any future annexations within the Specific Plan area, other responsible and trustee agencies and interested members of the public. The EIS describes the potential environmental impacts of the adoption of the Section 24 Specific Plan. Subsequent development projects within Section 24 are anticipated as the Specific Plan builds out over time. The EIS has been developed both as a project level document for the age-restricted community that is expected to be built in the near term, and as a program-level document for the remainder of the Specific Plan that will be developed over a longer period of time. Subsequent projects that are within the scope of this EIS may be subject to a more limited environmental review process under the Tribal Environmental Policy Act (TEPA), as determined by the Tribal Council.

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SPECIFIC PLAN Page 8

CHAPTER 3: CONTEXT AND CONDITIONS

3.1 EXISTING SITE CONDITIONS

3.1.1 Topography

Topographically, the Section 24 Specific Plan area generally slopes downward to the northeast. Surface elevations range from approximately 350 feet to 250 feet above mean sea level, with the highest points located in the south/ and west/ central portions of the Specific Plan area. Figure 3 on page 9 illustrates the existing topography.

3.1.2 Property Ownership
The Section 24 Specific Plan area encompasses a total land area of approximately 577 acres within the Reservation, including 120 acres of Tribal Trust land owned by the Tribe, 97 acres of Allotted Trust land to be acquired by the Tribe via a purchase contract, approximately 320 acres of Allotted Trust land that will be acquired in Fee by Pulte Home Corporation/SCC Rancho Mirage Holdings LP (“Pulte/SCC”) to develop an active adult community, and approximately 40 acres of land held by the Frank Prieto Trust.

Section 24 property ownership is illustrated in Figure 4 on page 10.

3.1.3 Circulation Systems
The Section 24 Specific Plan area is surrounded by the following public streets and their associated planned rights-of-way:
 Ramon Road on the north, a designated 6-lane divided Major Arterial;

 Bob Hope Drive on the east, a designated 6-lane divided Major Arterial that currently has three north bound lanes but only two southbound lanes;

 Dinah Shore Drive on the south, a designated 6 lane divided Major Arterial that currently has only two lanes in each direction; and

 Los Alamos Road on the west, a designated 4-lane divided Major Collector that currently has only one undivided lane in each direction.

A major vehicular circulation system feature of the Section 24 Specific Plan area is the Bob Hope Drive/Interstate 10 Interchange located directly north of Ramon Road on Bob Hope Drive, which provides regional access to Section 24. The existing vehicular circulation system is shown in Figure 5 on page 11.

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CHAPTER 4: SPECIFIC PLAN CONCEPTS

4.1 SPECIFIC PLAN OBJECTIVES
The overall purpose of this Specific Plan is to provide comprehensive direction for the development of the Specific Plan area, while addressing Tribal community planning and development goals and policies. The Specific Plan is guided by several major objectives:

1. Establish a vibrant, unified vision for the Specific Plan area based upon a cohesive, complementary mix of land uses structured around a comprehensive set of circulation and infrastructure systems and a sensitivity to environmental sustainability issues;

2. Promote the highest and best use of Reservation land in order to maximize the economic development opportunities for the Tribe and its members, including Tribal land immediately adjacent to the existing Agua Caliente Casino Resort Spa;

3. Plan for an appropriate mix of commercial, hotel, entertainment, office and residential uses, in order to meet the trade area’s growing demand and build in the flexibility to respond to changes in the market over time;

4. Create a new mixed-use project that compliments the Tribe’s existing Agua Caliente Casino Resort Spa located across Bob Hope Drive to create a regional destination development;

5. Apply planning and design solutions to create a unique and pleasant “sense of place” at multiple scales;

6. Provide a range of contemporary housing concepts, including an “active adult” development, which will encourage residential opportunities that appeal to residents seeking shorter commutes to jobs, restaurants, and a broad selection of recreation and entertainment opportunities;

7. Implement a “Complete Streets” circulation concept that optimizes both vehicular and pedestrian/ bicycle modes of traffic, internalizes pedestrian activity to buffer it from the vehicular traffic along perimeter roadways, and establishes connectivity between land use activities featuring pedestrian-friendly and walkable spaces;

8. Create a community with a focus on water conservation through design that supports groundwater recharge, minimizes stormwater runoff and incorporates drought-tolerant/low water landscaping that acknowledges the desert environment; and

9. Provide infrastructure that incorporates “readiness” for sustainable technologies, such as solar power generation and plug-in electrical vehicle charging connections/stations.

These objectives provide overall guidance to the preparation of the Section 24 Specific Plan in order to maintain consistency with the vision for this area, which is shared by all of the involved property owners.

This vision is introduced in the following “Development Plan” discussion. 12-89

SECTION 24

4.2 DEVELOPMENT PLAN
The Section 24 Specific Plan provides for a potential mix of up to 3,138,600 square feet of commercial, retail, office, restaurant, hotel and entertainment uses, and up to 2,406 residential units. The Development Plan is designed to accommodate these uses through the creation of 8 Planning Areas and 7 Land Use Categories that cover approximately 529 acres. These Planning Areas, in addition to approximately 48 acres for public street rights-of-way comprise a total of approximately 577 acres for the Specific Plan area. The Planning Areas and land use categories allow for a greater variety and flexibility of land uses and development standards. Figure 6 on page 17 illustrates the “Land Use and Planning Areas” for the Section 24 Specific Plan, and Table 1 “Land Use Summary” on page 18 summarizes the following discussion of Land Use Categories and Planning Areas. (Refer to “Land Use Plan”/ Figure 6 on page 17)

4.2.1 Land Use Categories
Mixed Use Core (MXD CORE)
The Mixed-Use Core land use category is the most intense and compact component of the Section 24 Specific Plan, supporting the potential vertical integration of housing with ground floor retail commercial and services. Located within an approximately 25 acre area of the project, the mix of uses is intended to produce a unique and walkable shopping, working, and living experience. The Mixed-Use Core category permits the widest range of uses, including community retail, restaurants, lifestyle mixed use center, professional office, single-family residential, and attached multifamily residential with a possible maximum Floor Area Ratio of 1.0. Although this category allows for various land uses, it does not require a specified mix of uses.

Retail (RETAIL)
The Retail land use category provides the project’s primary shopping destination and offers a range of commercial, office/ service, entertainment, and eating establishments on approximately 52 acres. These uses are located at the northeast and southeast corners of the project and are exposed to the high volumes of traffic along Ramon Road, Bob Hope Drive and Dinah Shore Drive. A Maximum Floor Area Ratio of 0.35 is specified for these areas.

Multi-Family Residential (MFR)
The Multi-Family Residential land use category provides a more urbanized style of residential living on approximately 58 acres adjacent to the Mixed-Use Core, Retail and Resort Flex land use areas. Permitted uses include single- and multi-family residential developments. Buildings of two stories in height could contain dwelling units at densities up to a maximum of 18 units per acre.

These residential uses will serve as a transition between the higher intensity commercial areas and the low density single-family residential area, which is planned as an “Active Adult Community”.

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SECTION 24

Single Family Residential (SFR)
This land use category will accommodate an amenity-enhanced “Active Adult Community” on approximately 313 acres comprised of up to 1,200 single family dwelling units and some attached dwelling units at an overall density of up to 3.8 units per acre. Building heights will be primarily one story with some potential for two story units within the interior of the community.

Approximately 85 acres (27%) of the community will be devoted to Private Open Space, consisting of a system of pedestrian, bicycle and golf cart trail linkages, neighborhood parks, water features, community club house/ pool/spa and associated amenities.

4.2.2 Planning Areas
A total of 8 Planning Areas have been delineated to describe the amount, type, and distribution of development throughout the Specific Plan area. The Planning Areas have also been constructed to recognize the current ownership patterns and thus enabling the Specific Plan area to be constructed in an incremental fashion while still achieving a unified development. Each Planning Area is subject to a distinct list of allowed uses and development standards. The following is a brief description of the conceptual uses and overall purpose proposed for each Planning Area. (Refer to “Land Use Plan”/ Figure 6 on page 17)
Planning Area 1
Located at the northwest corner of the project at the Ramon Road at Los Alamos Road intersection, this approximately 35 acre Planning Area could include: 1) up to a maximum of 435,600 square feet of retail, restaurant and office/ services and hotel uses, or any combination thereof, in a planned Resort Flex development along Ramon Road within the 25 acre Planning Area 1A ; and 2) up to a maximum of 180 residential dwelling units within the 10 acre Planning Area 1B, accessible from Los Alamos Road and a planned local street. Overall, Planning Area 1 serves as a mixed land use transition between the lower density residential and private golf course development of Westin Mission Hills located west of Los Alamos Road, the proposed Active Adult Community located to the south in Planning Area 8, and the higher density Mixed Use Core in Planning Area 2 to the east.

Planning Area 2
This approximately 36 acre Planning Area is located along the south side of the Ramon corridor, and will be readily accessible from two signalized intersections and a right in/ right out turning lane at its mid-point on Ramon. The 25 acre Planning Area 2A could ultimately include up to a maximum of 1,090,000 square feet of mixed retail, restaurant, office, business campus and hospitality-oriented indoor amusement/ entertainment uses. Flexibility is also provided for possible hotel, multi-and single-family attached residential uses within this area. With a maximum allowed Floor Area Ratio of up to 1.0, Planning Area 2A is projected to be the most intensely developed area within the Section 24 Specific Plan area. In Planning Area 2B, up to a maximum of 180 residential dwelling units could be developed on approximately 11 acres south of the Mixed Use Core.

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SECTION 24

Planning Area 3
Located at the northeast corner of the Specific Plan area, this approximately 27 acre “gateway” Planning Area will be accessible from three signalized intersections on Ramon Road and Bob Hope Drive as well as right-in/ right-out turning lanes. The Bob Hope Drive/ Ramon Road intersection, located at the northeast corner of this planning area, is integrated with the new Bob Hope Drive/ Interstate 10 Interchange and provides a unique level of regional accessibility and visibility to this site. The Agua Caliente Casino/ Resort/ Spa is located directly west of Bob Hope Drive from this planning area and represents a regionally significant resort and entertainment attraction which will serve as a generator for additional commercial development activity in this area. It is anticipated that up to a maximum of 396,000 square feet of commercial retail, restaurant and entertainment uses could develop within this Planning Area around a planned “Main Street” village center.

Planning Area 4
This Planning Area is located immediately south of Planning Area 3 along the west frontage of Ramon Road, and represents a Resort Flex land use opportunity for commercial retail, restaurant, and hospitality-oriented indoor amusement/ entertainment uses which can complement and expand upon the planned “Main Street” village center development to the north and the Resort Flex planning areas east of Bob Hope Drive in Section 19. Two signalized intersections on Bob Hope Drive will provide access to this Planning Area along with a mid-point right-in/ right-out turning lane. It is anticipated that up to a maximum of 505,000 square feet of mixed use commercial development could be absorbed within this approximately 37 acre area.

Planning Area 5
Up to a maximum of 486 residential dwelling units could be developed within this approximately 18 acre Planning Area. Located directly west of Planning Area 4 which will be accessed by a new landscaped boulevard (Street “A”), this area also provides a land use-to-land use transition buffer from the more intense commercial activities in Planning Area 4 to the east and the lower density single family residential/ “Active Adult Community” in Planning Area 8 to the west.

Planning Area 6
This approximately 28 acre Planning Area is located immediately south of Planning Areas 4 and 5 along the west frontage of Bob Hope Drive, and includes an approximately 19 acre Resort Flex land use opportunity for commercial retail, restaurant, and hospitality-oriented indoor amusement/ entertainment uses in Planning Area 6A. Two signalized intersections on Bob Hope Drive will provide access to this Planning Area along with a mid-point right-in/ right-out turning lane. It is anticipated that up to a maximum of 331,000 square feet of mixed use commercial development could be absorbed within this Planning Area. In addition, in Planning Area 6B, up to 180 residential dwelling units could be developed on approximately 9 acres located along the west side of Planning Area 6.

SECTION 24

site presents an opportunity to develop a neighborhood-scale retail, restaurant and office/ services center which would complement the existing Desert Ridge Plaza located on the southeast corner of this intersection. Further, this Planning Area would provide convenient shopping opportunities and services for: the residents of the existing Mission Hills community located to the south and west; the existing Key Largo Estates neighborhood located to the southeast; and the new “Active Adult Community” to the west. It is anticipated that up to a maximum of 381,000 square feet of mixed use commercial development could be absorbed within this Planning Area rea at an overall Floor Area Ratio of 0.35. In addition, in Planning Area 7B up to 180 residential dwelling units could be developed on approximately 10 acres located along the west side of Planning Area 7.

Planning Area 8
This Planning Area of approximately 313 acres offers the opportunity for the development of a master planned “Active Adult Community” of up to a maximum of 1,200 single family dwelling units. This gated community is master planned within the context of four neighborhoods accessed by a system of private streets and recreational open space amenities located in neighborhood parks and trail linkages. Resident amenities will include an integrated system of pedestrian, bicycle and golf cart trail linkages, neighborhood parks, water features, community club house/ pool/ spa and complementary features.

4.2.3 Conceptual Land Use Plan Summary
The development regulations and guidelines within the Section 24 Specific Plan permit a range of uses and intensities. To gain an understanding of what could be developed under the Specific Plan, and to understand the project’s potential needs and impacts, the combination of Figure 6 and Table 1 presents a breakdown and distribution of the potential mix of residential and non-residential uses. The amount of development shown in the land use summary also serves as the basis for the analysis conducted in the Specific Plan’s Environmental Impact Statement (EIS). The exact type, location, and amount of uses within each planning area will be determined during the tract map and development review process. The final development plan may exceed the individual square footage figures identified in the land use summary, so long as the overall maximum impact thresholds allowed by the EIS are not exceeded.

Chapter 5, Development Regulations, addresses the project’s development standards such as maximum intensity and permitted uses. (Refer to “Land Use Plan”/ Figure 6 on page 17 and “Land Use Summary” / Table 1 on page 18.)

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Table 1 LAND USE SUMMARY

Planning
Area

Land Use
Category
Typical Permitted Uses
Co
m
m
u
n
i
t
y
Re
t
a
i
l

Re
s
t
a
u
r
a
n
t
s

Of
f
i
c
e

/
S
e
r
v
i
c
e

Re
s
o
r
t

H
o
t
e
l

Mu
l
t
i
-
F
a
m
i
l
y

Re
s
i
d
e
n
t
i
a
l

Si
n
g
l
e

F
a
m
i
l
y

Re
s
i
d
e
n
t
i
a
l

Mi
x
e
d
-
U
s
e

Net
Land Area
(Acres) Non- Residential
Square Footage Dwelling Units
1A Resort Flex 25 435,600 –
1B Multi-Family
Residential 10 – 180
2A Mixed-Use Core
25 1,090,000 –
2B Multi-Family
Residential
11 – 180
3 Retail
27 396,000 –
4 Resort Flex 37 505,000 –
5 Multi-Family
Residential 18 – 486
6A Resort Flex 19 331,000 –
6B Multi-Family
Residential 9 180
7A Retail
25 381,000 –
7B Multi-Family
Residential 10 –180
8 Single-Family
Residential
313 – 1,200
Right-
of -Way 48 ––
Total 577 3,138,600 2,406
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4.3 MOBILITY AND STREETSCAPE IMPROVEMENT

4.3.1 “Complete Streets” Planning in Section 24
The Agua Caliente Band of Cahuilla Indians require that a “Complete Streets” approach be taken to the planning and design of a Vehicular Circulation Plan for the streets and related roadway cross sections within this Specific Plan. By definition, “Complete Streets” are roadways that are: 1) designed to safely and comfortable accommodate users of all age and abilities; and 2) accommodate all modes of transportation including, but not limited to, motorists, cyclists, pedestrians and transit riders. “Complete Streets” take into consideration the variety of people using the roadway corridors within a specific community, and the unique design features necessary to accommodate them. Therefore, public roadways throughout the Section 24 Specific Plan as well as private roadways within the Active Adult Community may include the following features:
• Sidewalks;
• Pedestrian/ bicycle crosswalks;
• On-street bicycle lanes/ routes;
• Off-street bicycle and multi-use paths/ routes;
• Cycle tracks;
• Bicycle boulevards;
• Landscaped median islands;
• Curb extensions and “pop-outs;
• Narrowed vehicle lanes;
• Roundabouts;
• Pedestrian plazas;
• Traffic calming devices;
• Golf cart and Neighborhood Electric Vehicle (NEV) access; • Special bus lanes;
• Comfortable transit stops and shelters; and
• Multimodal Transit Center/ services.

In order to successfully design and implement a “Complete Streets” Plan in the Section 24 Specific Plan area, several key guiding principles need to be applied, including:
• Plan for and implement a “Complete Streets” system in a consistent manner; • Ensure consistency with local and regional transportation plans; • Enhance the presence and quality of the pedestrian infrastructure; • Provide on-street/ off-street bicycle facilities to accommodate bicyclists of varying skill levels; • Promote transit use by providing access to transit stops and stations and facilitating service; • Allow for the circulation of automobiles and service vehicles in a safe and efficient manner; • Incorporate cultural, artistic and environmental elements into the public right-of-way; and • Accommodate alternative modes of transportation now and in the future.

The “Complete Streets” philosophy and approach provides the overall guidance to the preparation of a “Circulation Plan”, and its components, consistent with the overall vision and related objectives of the Section 24 Specific Plan.

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SECTION 24

4.3.2 Vehicular Circulation Plan

The ability to easily access and travel within Section 24 by multiple modes of transportation is paramount. As shown on Figure 7, the vehicular circulation system for the Section 24 Specific Plan includes both regional and local roadways, including private streets within the Active Adult Community.

This system of arterial and collector roadways generally forms a modified grid pattern to maximize access to each planning area and enhance walkability. Within Planning Area 8, the internal, private street system for the Active Adult Community is more organic and curvilinear in alignment, but complements and provides connectivity to the grid of adjacent public arterial and collector roadways. The modified grid system also allows for the overall Specific Plan area to be developed in a phased approach without disrupting continuity or access for existing or developing projects.

The Specific Plan’s circulation system contains a hierarchy of access points and roadways to dictate the function and character of each intersection and roadway. Access points in the Section 24 Specific Plan are described as Primary Access or Right In/Out Access. Roadways are classified as Major Arterial, Minor Arterial, Modified Collector, and Local Street. The following are brief descriptions of each street and access point classification, with illustrations of each street section provided on the following pages.

Access Points

The Section 24 Specific Plan can be accessed at fifteen points, each of which will be attractively landscaped and signed for vehicles and pedestrians. Seven of the fifteen access points are signalized and placed approximately a quarter mile between each other or existing signalized intersections. These signalized access points are identified as Primary Access points and serve as the main access routes into this portion of Section 24. Seven secondary access points are strategically placed 600 to 700 feet from the signalized access points to facilitate access into and out of the project. The secondary access points are classified as Right In/Out entries. These points are identified in Figure 8.

Eight Primary Access points are distributed along all four sides of the Specific Plan area. Three are at signalized intersections along Bob Hope Drive: 1) directly across from the access drive to the main entrance of the Agua Caliente Casino/ Resort/ Spa; 2) at the intersection of “A” Street connecting to Section 19; and 3) at the intersection of “C” Street connecting to Section 19. Along Dinah Shore Drive, there are two signalized intersections: 1) at an intersection providing access to Planning Area 7; and 2) at an intersection providing access to southern gateway entrance to the Active Adult Community in Planning Area 8 as well as to the Mission Hills resort to the south of Section 24. Along Ramon Road, there are two signalized intersections: 1) at an intersection providing access to Planning Areas 1 and 2 in Section 24 and to Section 13 to the north; and 2) at the “A’ Street intersection connecting to Planning Area 3 in Section 24 and to Section 13 to the north. Along Los Alamos Road, one full, non-signalized access point is located at the western gateway entrance to the Active Adult Community in Planning Area 8. Since these entry points will carry the bulk of traffic entering the project and serve as gateways to the site, the landscape and streetscape at these entry points should be distinctive and more prominent in character than other access points.

Seven Right In/Out access points are also provided, including three along Bob Hope Drive, one along Dinah Shore Drive, and three along Ramon Road. The purpose of the Right In/Out entry is to provide secondary access routes from the perimeter roadways to the interior of the site. These seven access points are generally evenly placed in conjunction with Primary Access Points. The Right In/Out access points will be used primarily for the movement of vehicles to and from residential and commercial uses on the site, with accommodations for pedestrian access.

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4.3.3 Roadway Classifications and Sections
The Section 24 Specific Plan area street pattern is organized to provide efficient circulation and access to each of the planning areas included in the system. In addition to addressing vehicular circulation, the Circulation Plan allows for the movement of pedestrians, bicyclists, and golf carts, and also accounts for future public transit opportunities. All public and private roadways within this area will be constructed according to the minimum standards and guidelines set forth in the Section 24 Specific Plan. On-street drainage is not portrayed on the following roadway section illustrations, which shall be constructed per approved engineering standards. All public roadways are shown on the Circulation Plan (Figure 7); private roadways within the Active Adult Community are also shown but will be maintained through a property owners’ association.

Major Arterials
Designated Major Arterial Roadways include Bob Hope Drive, Ramon Road and Dinah Shore Drive located along the eastern, northern and southern boundaries of the Section 24 Specific Plan. These are the major transportation corridors for this area of the Coachella Valley and will provide the regional access to the Section 24 Specific Plan area. This Specific Plan addresses the “half street” edge of the Major Arterial Roadways that fall within the Section 24 Specific Plan boundary.

The Section 24 Specific Plan’s edge condition incorporates additional landscape easements in addition to the Major Arterial right-of-way requirement, as shown in the street sections in Figures 9, 10 and 11. The property owner will be responsible for maintaining this easement area as well as the parkway area within the public right-of-way. This buffer allows adequate space for an 8-foot Class I bicycle path/ sidewalk to permit the shared use of golf carts in addition to pedestrians and cyclists. The golf cart path would connect into the existing golf cart circulation system, which provides Class I paths along the south side of Dinah Shore Drive west of Bob Hope Drive and along the west side of Los Alamos Road. A 5’ wide on- street Class II bicycle lane is also provided along Bob Hope Drive and Ramon Road for the exclusive use of cyclists. Section 4.3.5 describes the golf cart, neighborhood electric vehicle (NEV) bicycle, and pedestrian routes within the Specific Plan area in more detail.

The existing right-of-way width dimensions for Bob Hope Drive range from 128 feet on the north to 123 feet at Dinah Shore, with some sections currently at between 110 feet and 120 feet. At the Ramon Road intersection, the ROW width is currently 141 feet. The existing ROW width of Ramon Road is consistently 122 feet. Within the Section 24 Specific Plan area, the “half street” right-of way for Bob Hope Drive is proposed at a consistent dimension of 65 feet; for Ramon Road this “half street” right-of- way width is proposed at its current 67 feet.

The existing right-of-way width of Dinah Shore Drive is 110’. This section includes four travel lanes bisected by a 16’ median as shown in Figure 11. An allowance is included for the addition of a third west bound land as needed in the future in order to achieve Major Arterial status. The north side of Dinah Shore Drive incorporates an additional landscape easement as shown in Figure 11. Along Dinah Shore Drive, this buffer allows adequate space for an 8-foot Class I bicycle path/ sidewalk to permit the shared use of golf carts in addition to pedestrians and cyclists. The golf cart path would connect into the existing golf cart circulation system, which provides Class I paths along the south side of Dinah Shore Drive west of Bob Hope Drive and along the west side of Los Alamos Road.

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Also along the north side of Dinah Shore Drive a 5 foot wide on-street Class II bicycle lane is provided for the exclusive use of cyclists. Section 4.3.5 describes the golf cart, neighborhood electric vehicle (NEV) bicycle, and pedestrian routes within the Specific Plan area in more detail.

Along Dinah Shore Drive, this Specific Plan addresses the “half street” edge of this Major Arterial Roadway that falls within the Section 24 Specific Plan boundary. The existing right-of-way width dimension for Dinah Shore Drive is 110 feet. The ultimate “half street” right-of-way for Dinah Shore Drive is proposed at 67 feet within the Section 24 Specific Plan.

Reference should be made to “Figure 9: Bob Hope Drive/ Major Arterial Roadway” on page 27, “Figure 10: Ramon Road/ Major Arterial Roadway” on page 28 and “Figure 11: Dinah Shore/ Major Arterial Roadway” on page 29 for graphic and written summaries of Section 24 Specific Plan proposals for these roadways.

Minor Arterials

The Minor Arterial Roadway proposed within the Section 24 Specific Plan is the new “A” Street Boulevard. This roadway will filter regional traffic from the Major Arterial roadways and provide seamless access to the Section 19 Specific Plan area.

The Minor Arterial street section contains four travel lanes bisected by a 16-foot median, as shown in Figure 12. The Section 24 Specific Plan’s minor arterial edge condition incorporates additional landscaped building setbacks in addition to the Minor Arterial right-of-way requirement, as shown in the street section in Figure12. The property owner will be responsible for maintaining this setback area as well as the parkway area within the public right-of-way.

Reference should be made to “Figure 12: “A” Street Boulevard/ Minor Arterial Roadway” on page 30 for a graphic and written summary of Section 24 Specific Plan proposals for this roadway.

Major Collector

Los Alamos Road, the singular Major Collector in the Section 24 Specific Plan is intended to accommodate local internal circulation and provide access to Major Arterials. This proposed Major Collector section contains two 12-foot travel lanes, and a 6-foot on street Class II bicycle lane bisected by a 16-foot raised and landscaped median, as shown in Figure 13. The Section 24 Specific Plan’s edge condition incorporates an additional landscaped building setback in addition to the right-of-way requirement, as shown in the street section in Figure 13. The property owner will be responsible for maintaining this setback area as well as the parkway area within the public right-of-way.

Along Los Alamos Road, this buffer allows adequate space for an 8-foot off street Class I bicycle path/ sidewalk to permit the shared use of golf carts in addition to pedestrians and cyclists. The golf cart path would connect into the existing golf cart circulation system, which provides Class I paths along the south side of Dinah Shore Drive west of Bob Hope Drive and along the west side of Los Alamos Road. Section

4.3.5 describes the golf cart, neighborhood electric vehicle (NEV) bicycle, and pedestrian routes within the Section 24 Specific Plan area in more detail.

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SECTION 24
SPECIFIC PLAN Page 25

This Specific Plan addresses the “half street” edge of the Modified Collector that falls within the Section 24 Specific Plan boundary along Los Alamos Road. The proposed future right-of-way width for Los Alamos Road is 100 feet, with 50 feet of that right-of-way being within the Section 24 Specific Plan.

Reference should be made to “Figure 13: Los Alamos Road/ “Major Collector Roadway” on page 31 for a graphic and written summary of Section 24 Specific Plan proposals for this roadway.

Local Roadways

Local Roadways within the Section 24 Specific Plan primarily serve as internal circulation linkages and are not intended for through traffic. The “Vehicle Circulation Plan” illustrated in Figure 7 on page 21 indicates that three (3) Local Roadways are proposed as two-lane, undivided public streets. However, each of these street segments will serve a unique local access role, with varying projected traffic carrying capacities, turning movements, and parcel access requirements. Therefore, this Specific Plan recommends a range of local street roadway standards that will allow flexibility for each street segment to adapt to site specific design requirements.

 Right-of Way Width: 68 feet (minimum) to 82 feet;
 Travel Lane Widths: two lanes 12 feet (minimum) each, one in each direction;  Right or Left Turn Lanes: optional as required by traffic analysis, at 12 feet wide;  On-Street Vehicle Parking: two parking lanes, each at 8 feet wide (optional);  On-Street Bicycle Lanes: two bicycle lanes each at 5 feet wide (optional);  Class I Bicycle Paths: one off-street path at 8 feet wide (optional);  On-Street Bicycle Sharrow: in lieu of designated bicycle lanes (optional); and  Landscape Easement (s): additional for outdoor dining courts and pedestrian plazas (optional/ varying widths).

In order to encourage flexibility in the design of Local Roadways, no illustrative roadway section graphic is included within this Specific Plan.

Active Adult Community Collector Roadway

Within the Active Adult Community located in Planning Area 8 of the Section 24 Specific Plan, the internal vehicular circulation central “spine” is to be a Private Collector Roadway connecting the two community gateways. This roadway will be landscaped as a “boulevard” winding through the center of the community, generally in a north-south direction. The roadway section is included within a 124’ foot wide right-of-way, providing a minimum of two travel lanes in each direction, and separated by a raised sixteen foot wide landscaped median. The travel and turning lanes will be included within two paved areas of 32 feet in each direction, thus accommodating a landscaped parkway of 22 feet along each side of the right-of-way. A curb-adjacent six foot wide sidewalk will be included within each landscaped parkway, and will have the option to meander per detailed site plans for each development phase of the community.

Reference should be made to “Figure 14: Active Adult Community Collector Roadway” on page 32.

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Active Adult Community Local Interior Roadway

Also within the Active Adult Community, a system of Private Local Interior roadways will complement the Community Collector Roadway and provide internal connectivity and vehicular access to individual residences and amenities within the community. This roadway section is to be developed within a 37 foot wide right-of-way.

Reference should be made to “Figure 15: Active Adult Community Local Interior Roadway” on page 33.

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SCALE: 1" = 20'
Source: City of Rancho Mirage General Plan and Section 19 Specific Plan BOB HOPE DRIVE - Major Arterial Roadway
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Source: City of Rancho Mirage General Plan and Section 19 Specific Plan DINAH SHORE DRIVE - Major Arterial Roadway
FIGURE 11
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NOTES:

1. The City of Rancho Mirage General Plan designates Dinah Shore Drive as a Major Arterial with six travel lanes divided by a center median but with no on-street parking.

2. Dinah Shore Drive has a current ROW width of 110 feet, with four travel lanes divided by a center median with no
on-street parking.

3. The Section 24 Specific Plan designates Dinah Shore Drive as a Major Arterial with an initial north half-street ROW of 55 feet plus an additional 20 foot wide landscape easement adjacent to Planning Area 8. Allowance is made for the
ultimate addition of a third west bound lane which would reduce the 20 foot landscape easement to 8 feet and the ultimate right of way width to 67 feet.

Motorized Vehicle Corridor Accessible by:
* Automobiles
* Service Vehicles
* Neighborhood Circulator
* Sunline Transit
Active Adult
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FIGURE 12
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Source: City of Rancho Mirage General Plan and Section 19 Specific Plan LOS ALAMOS ROAD - Major Collector Roadway
FIGURE 13
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1. The City of Rancho Mirage General Plan designates Los Alamos Road as a Minor Arterial with four travel lanes divided by a center median but with no on-street parking.

2. The Section 24 Specific Plan indicates Los Alamos Road as a Major Collector with an east half-street ROW of 50 feet within the Section 24 Specific Plan area plus an additional 5 foot minimum / varying width landscape easement adjacent to
Planning Area 8.

Motorized Vehicle Corridor Accessible by:
* Automobiles
* Service Vehicles
* Neighborhood Circulator
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SCALE: 1" = 20'
Source: City of Rancho Mirage General Plan and Section 19 Specific Plan

ACTIVE ADULT COMMUNITY COLLECTOR ROADWAY
FIGURE 14
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R/W
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Source: City of Rancho Mirage General Plan and Section 19 Specific Plan

ACTIVE ADULT COMMUNITY LOCAL STREET
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Motorized Vehicle Corridor Accessible by:
* Automobiles
* Service Vehicles
* Neighborhood Electric Vehicles (NEV's)
* Golf Carts
* Bicycles
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SECTION 24

4.3.4 Public Transportation System Plan
SunLine Transit Authority is the provider of public transit service within the Coachella Valley. The Section 24 Specific Plan area is served by Route 32 of the SunLine fleet, which travels between Rancho Mirage, Thousand Palms, and Cathedral City via Bob Hope Drive, Dinah Shore Drive, Monterey Avenue, and Ramon Road, as shown on Figure 16. The buses are equipped with wheelchair lifts and bike racks, facilitating mass-transit travel for a wide variety of riders.

As development matures within the Section 24 area, sufficient demand may be generated to support additional bus lines or a change in routes to stop at two or three additional locations within the Mixed-Use Core or other Planning Areas along Bob Hope Drive and Ramon Road. Potential SunLine routes with conceptual stop locations are also shown on Figure 16. The potential routes and stops shown could represent deviations from the existing route, an additional route option along an existing route during peak service times, or a completely new route. The ultimate route alignment and stop location will be determined by the SunLine Transit Agency as development of this area proceeds and needs and resources can be assessed. All existing and future SunLine bus stops shall be located/ equipped per SunLine standards.

The potential for a future multimodal Transit Center in Section 13 could provide a significant long-term opportunity for residents and commuters within the Coachella Valley. Close coordination will be required with the SunLine Transit Authority and adjacent property owners to identify appropriate short- and long- term uses of the Transit Center property. Such uses could include: SunLine Regional Bus Station; SunLine Neighborhood Circulator Station; temporary or permanent commuter parking, solar energy generation, or a combination of all of these.

Reference should be made to Figure 16 on page 35 “Public Transportation System Plan”.

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PUBLIC TRANSPORTATION SYSTEM PLAN
FIGURE 16
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SECTION 24

4.3.5 Pedestrian and Alternative Vehicle Circulation Plan The overall intent and design of the Section 24 Specific Plan is geared toward generating an environment that maximizes connectivity for pedestrians between the diverse uses within the plan. While pedestrian access will be incorporated into all development, many internal and external trips cannot or will not be undertaken by foot. Accordingly, the Section 24 Specific Plan facilitates pedestrian, neighborhood electric vehicle (NEV), golf cart and bicycle travel throughout the site and into the surrounding community.

Pedestrian Circulation

Pedestrian circulation is provided by the 5- to 8-foot-wide sidewalks provided along all internal and perimeter roadways, as shown on Figure 17. Pedestrian circulation within each planning area will not be determined until site plans are developed by each property owner as the project builds out. All development, however, must be designed to facilitate pedestrian access to surrounding planning areas.

The conceptual illustrations provided in Chapter 6, Design Standards and Guidelines, illustrate how pedestrian connections within planning areas and along street roadways would connect open space areas.

Also, as shown on Figure 17, connectivity between pedestrian circulation systems within the Active Adult Community will be achieved with the sidewalks along internal and perimeter roadways throughout the Section 24 Specific Plan area.

Alternative Vehicle Circulation

Within the Section 24 Specific Plan, Class I bikeways and golf cart paths (8 feet wide) are provided along Bob Hope Drive, Ramon Road, Dinah Shore Drive and Los Alamos Road Drive as off-street pathways that allow bicyclists, golf carts, and pedestrians to travel along the same route. These routes, also shown on Figure 17, will connect to the existing golf cart circulation system, which provides paths along the south side of Dinah Shore Drive west of Bob Hope Drive and along the west side of Los Alamos.

Class II bikeways provide a striped, on-street lane (5 feet wide) for one-way bicycle travel on Bob Hope Drive, Ramon Road, Dinah Shore Drive, Los Alamos Road and “A” Street Boulevard. The Class II facilities extend from the Class I pathways to provide dedicated access to the project’s residential and mixed -use interior. Golf carts are expected to gain access to the majority of the site’s uses by traveling along Class I facilities and through parking lots and smaller access roads within planning areas.

Additional internal access may be provided to golf carts on streets with designated speed limits no higher than 25 miles per hour.

This Specific Plan also envisions that the residents of Section 24 may purchase Neighborhood Electric Vehicles (NEVs) to make short trips to run errands, visit recreation facilities, or meet with friends. NEVs are public street-approved vehicles that have no emissions and can travel at a maximum speed of 25 mph.

In contrast with golf carts, NEVs are able to travel on city streets with posted speed limits of 35 mph or less, and can cross intersections of roadways with higher posted speed limits (per California Vehicle Code Section 385.5). Commuter information boards should be placed at appropriate locations in each planning area identifying paths, routes, and schedules for alternative vehicles and public transit within the Section 24 area and throughout surrounding community. Figure 17 indicates potential NEV routes within the Section 24 area.

Reference should be made to Figure 17 on page 37 “Pedestrian and Alternative Vehicle Circulation Plan” and Figure 18 on page 38”Pedestrian and Alternative Vehicle System Photos”.

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PEDESTRIAN & ALTERNATIVE VEHICLE CIRCULATION PLAN
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PEDESTRIAN & ALTERNATIVE VEHICLE SYSTEMS PHOTOS
FIGURE 18
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SECTION 24

4.3.6 Roadway Corridors Landscape Plan

Roadway corridor landscape design will establish an identity and theme for the project and will be an overall unifying element, transcending parcel boundaries and defining open space areas. The Landscape Corridor Plan provides guidelines for the treatment of areas within the Section 24 Specific Plan, including the surrounding streets, parkways, development edges, project entries, and open space areas. The landscaping theme is influenced by the climate of the Coachella Valley, where native and drought- resistant plants are emphasized.

The Landscape Corridor Plan distinguishes a hierarchy of roadways and identifying key intersections surrounding the Specific Plan area. Accordingly, each landscape treatment should incorporate a distinct theme tree to further define the different areas and roadways within the Specific Plan. Rock gardens and water features may also be used to enhance the landscape elements; however, water features shall be limited to key landscape areas for the purpose of water conservation. In addition to providing landscape guidelines for roadways and intersections, the Landscape Corridor Plan provides direction for landscaping within public and private open spaces.

Reference should be made to “Figure 19: Conceptual Landscape Corridor Plan” on page 40.

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CONCEPTUAL LANDSCAPE CORRIDOR PLAN
FIGURE 19
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SECTION 24

4.4 OPEN SPACE

4.4.1 Public Parks, Trail Corridors and Open Space
The Section 24 Specific Plan supports development that is more compact and urban than the low scale, resort-oriented patterns currently found in the surrounding communities. With the clustering of buildings, the Section 24 project has an opportunity to provide smaller, more intimate plazas and elaborate streetscapes, while also offering opportunities for larger parkland settings for future residents and visitors.

The Conceptual Open Space Plan shown in Figure 20 illustrates the different types of open space envisioned. The Plan identifies the precise location of only a portion of the open space to be provided, in order to enable each planning area to design and accommodate open space areas in the manner that best serves individual projects. The tailored open spaces of each project and planning area should, however, connect to adjacent open spaces through means such as greenbelts or landscaped pedestrian walkways.

Parks

Parks should reflect the natural desert context the Coachella Valley, but may use limited areas of landscaping (such as turf) to provide places for people to sit, relax, and gather. Parks could incorporate public art and water features combined with enhanced vegetation to serve as small oases within the development. The dual use of parkland as both recreation areas and retention basins is highly encouraged to maximize developable land and satisfy on-site retention requirements.

The Section 24 Specific Plan establishes a park requirement for residential development of three acres of park space per 1,000 residents, which will be met through a combination of land dedication, improvements, private recreation, and in-lieu fees. Buildout of the Section 24 Specific Plan will result in the addition of approximately 2,406 dwelling units which will accommodate 4,571 residents at an average of 1.9 persons per household (per City of Rancho Mirage Municipal Code 16.18.060(D)(1)); which translate into a total of 13 acres of required usable parkland, as shown as in Figure 20.

The parkland requirement for Planning Area 8 will be 6.5 acres, and if developed under the City’s jurisdiction, the developer will pay the City’s in lieu fee, subject to partial credit for the private recreational facilities constructed on site. For property developed under Tribal jurisdiction that is annexed to the City, the Tribe will require the developer to either construct the required parks (another 6.5 acres total) or pay to the City an amount equal to the City’s in lieu fee to fund City park facilities.

Residential and Resort Open Space

In addition to parks, residents living in Section 24 will enjoy a combination of common and private open and recreation spaces. Amenities such as recreation centers, pools, clubhouses, plazas, courtyards, lawn areas, and jogging paths are just some of the features that could be provided. Many of the open spaces in residential locations may be private to ensure secure, unfettered access for residents. Resort projects such as hotels will incorporate many of the same features as residential projects, although they may be combined with or placed alongside ancillary commercial uses such as day spas. Residential and resort developments are also encouraged to provide spaces that are accessible to the general public, such as paths or greenbelts that connect to open spaces in adjacent planning areas.

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SECTION 24

Commercial and Mixed-Use Open Space

Public open spaces are also important components for the commercial uses in Section 24. Spaces such as walkways, multipurpose paths, enhanced streetscapes, and plazas provide gathering spaces for people shopping, eating, or just enjoying the atmosphere. These spaces are an especially important feature of the Mixed-Use Core area, where spaces serve residential, retail, and office users throughout the day and night. The more compact form of mixed-use projects attracts tenants and residents who enjoy smaller, more urban open spaces. These open spaces favor landscaping dominated by potted plants and ornamental trees, combined with intricate hardscape elements.

Reference should be made to “Figure 20: Conceptual Open Space Plan” on page 43.

4.4.2 Active Adult Community Private Open Space Amenities (Planning Area 8) Potential items to be included in the approximately 85 acre private open space amenity package for the Active Adult Community include:
• An approximately 23,000 square foot recreation center, including a state-of-the-art fitness center with weight training and cardiovascular equipment, organized fitness classes, indoor 25 meter lap pool, Grand Ballroom, social lounge, wireless café and multipurpose rooms for crafts and club activities, and a resort-style outdoor pool;
• A system of lakes, streams and water features, possibly with lake stocked for catch and release, featuring techniques for using recycled water and mitigation of surface leakage and evaporation; • A “par course” of interconnected trails with exercise stops; • Social gathering common area open space equipped with tables, chairs and shade elements and landscaping for multi-use activities;
• Tennis and pickle ball courts;
• Garden plots;
• Neighborhood community pool;
• Golf putting green, chipping green and putting course; and • Dedicated golf cart access to adjacent Mission Hill Golf Club.

Two (2) on street crossings on Dinah Shore Drive and Los Alamos Road are shown on “Figure 17:

Pedestrian and Alternative Vehicle Circulation Plan” on page 37.

Reference should be made to “Figure 20: Conceptual Open Space Plan” on page 43.

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FIGURE 20
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4.5 ENVIRONMENTAL SUSTAINABILITY
The Section 24 Specific Plan land planning approach and the related design of public facilities and utilities for the area are responsive to water conservation and stormwater management “best practices” appropriate for the low desert environment of the Coachella Valley. The Specific Plan strives to ensure development of a community sensitive to its impacts on the environment and focused on sustainability.

The Specific Plan acknowledges that development will be subject to the California Building Code which incorporates green building concepts and standards including water and energy conservation requirements.

4.5.1 Water Conservation
The State of California Assembly Bill 1881 was enacted in 2009 to help California move forward as a leader in sustainable landscaping and water efficiency and to address the danger of our drought situation.

Many residential and commercial properties currently use outdated irrigation technology; AB 1881 is a forward-thinking standard that prevents excessive or wasteful irrigation techniques by emphasizing the use and application of modern irrigation technology.

A formula called “Maximum Applied Water Allowance” (MAWA) is based on the project area’s reference evapotranspiration, ET adjustment factor, and the size of the project’s landscape area. This calculation determines the upper limit of irrigation water allowed for the project. To meet the requirements of MAWA, a landscape design must use highly water efficient plant material laid out in a spare manner, and irrigated with efficient irrigation technology including drip emitters and smart controllers.

As we are in a low desert environment of especially high evapotranspiration, the Coachella Valley Water District requires a MAWA coefficient of “.5”, which means 1/3 less allowable irrigation use than the rest of the state. To meet this stringent requirement, we will select plants with an especially low water use factor, and we will arrange them in a reduced quantity to minimize water demand.

All irrigation will be state of the art equipment selected for low water providing performance. • The Plan will require use of “xeriscape” planting principles and establishes a palette of drought-tolerant trees, shrubs and plants that require little or no irrigation. Section 4.5.2 includes photos and Tables 2 and 3 that list appropriate plants.

• Turf is restricted to active outdoor recreation areas only, as required by the Agua Caliente Band of Cahuilla Indian Land Use Ordinance.

• The Plan allows the use of “grey water” recycled water infrastructure and rainwater collection systems.

• Decorative water features shall be designed to minimize water consumption and evaporation.

• New development will meet Coachella Valley Water District (CVWD) water efficiency goals and will be strongly encouraged to incorporate creative designs that exceed those goals.

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SECTION 24
SPECIFIC PLAN Page 45

The Active Adult Community incorporates many sustainable and water saving features:
 Reduced width streets (32’) that reduce impervious surfaces that generate run-off;  Retains and treats all stormwater on-site from up to a 100-year storm event;  Low flow toilets and low GPM plumbing fixtures;
 Tankless water heaters; and
 Timed irrigation watering systems and irrigation rain sensors.

4.5.2 Plant Palette
The Specific Plan herein incorporates the landscaping standards of the Tribal Land Use Ordinance (No. 45) by reference as it is now or may be amended in the future. More specifically, the recommended Plant Palette for the Section 24 Specific Plan emphasizes the use of native plantings, which is also encouraged in “Article VII-Landscaping” of the Agua Caliente Band of Cahuilla Indians Land Use Ordinance.

Specifically, this is referenced as follows:
“The use of indigenous plant, shrub and tree types is critical to the Tribe’s efforts to implement water conservation measures, and is necessary for the continuity of habitat for wildlife species, including local birds. The use of invasive species which have proven to be detrimental to flora species native to Southern California are prohibited in all landscaping plans. Likewise many plants and trees from other areas (such as the tropics or the American southeast) have much greater water requirements that native species. Planting invasive species and using extraordinary water resources to maintain flora is prohibited under the Land Use Ordinance, as it will undermine the Tribe’s goal of water conservation and preservation of the desert ecology.”

Thus, this Plant Palette uses drought-tolerant materials in consideration of the desert climate and the Tribe’s water conservation efforts. Reference should be made to the “WUCOLS Water Use Classification Guide” for additional information regarding water requirements for plant materials included within the Section 24 Specific Plan.

Reference should be made to the following Tables and Figures:
 Table 2 “Section 24 Landscape Corridor Palette” on page 47;  Figure 21 “Section 24 Landscape Corridor Plant Palette Photos” on page 48;  Table 3 “Section 24 Site Development Plant Palette” on pages 49 and 50; and  Figure 22 “Site Development Plant Palette Photos” on page 51.

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SECTION 24

4.5.3 Low Impact Development

Project design within this Specific Plan incorporates, for example, low impact development (LID) and green infrastructure (GI) principles as encouraged by the Environmental Protection Agency. • Use of linear bioswales, landscaped with native or drought-tolerant grasses, and smaller scale bioretention cells in surface or subsurface storage areas where feasible;

• Encouragement of tree box filters as “mini-retention areas” where feasible;

• Use of permeable interlocking concrete pavers where feasible; and

• Consideration of the use of pervious concrete and asphalt for other paved areas where proper maintenance can be achieved.

4.5.4 Complete Streets Design
The Specific Plan provides for multiple modes of transportation:
• Bike lanes on all public streets that connect to the regional system of bike lanes and trails and provide connections to a diverse land uses in the Coachella Valley.

• A street and trail system within the Specific Plan connecting all areas that encourages walking, biking and use of low energy golf carts to move around the community.

• Four (4) internal pathways suitable for walking, biking and electric vehicles that residents of the AAC can use to directly access the mixed use/resort/commercial uses envisioned to the north and east without having to drive outside the Specific Plan boundaries.

• Public transportation access points in a walkable and/or accessible distance from the Specific Plan area on Ramon Road, Bob Hope Drive and Dinah Shore Drive. Approximately 33% of the Specific Plan area is within a 1/4 mile walk from existing bus stops at two major intersections:

Ramon Road/Bob Hope and Dinah Shore/Bob Hope and a proposed bus stop at Ramon Road/Los Alamos Road.

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SPECIFIC PLAN Page 47

Table 2 Section 24 Landscape Corridor Plant Palette

Plant Type Common Name Scientific Name
Trees and Palms
Major Arterial Landscape
Date palm Phoenix dactylifera
Chilean mesquite Prosopis chilensis
Minor Arterial Landscape
Palo verde Cercidium floridum
Southern live oak Quercus virginiana
Ironwood Olneya tesota
Internal Roadway Landscape
Tipu tree Tipuana tipu
Intersection and Median Treatment: Trees
Sweet acacia Acacia smallii
California fan palm (theme tree) Washingtonia filifera
Pindo palm Butia capitata
Mediterranean fan palm Chaemaerops humilis
Sissoo Dalbergia sissoo
Aleppo pine Pinus halepensis
Windbreak Trees
Mondel pine Pinus eldarica
Arizona cypress Cupressis arizonica
Swamp malee Eucalyptus spathulata
African sumac Rhus lancea
Shrubs
Intersection and Median Treatment: Plants
Agave Agave desmenttiana
Mexican grass tree Dasylirion longissimum
Red yucca Hesperaloe parvifolia
Yucca pendula Yucca recurvifolia
General Use: Shrubs
Desert cassia Cassia nemophila
Mexican bird of paradise Caesalpinia pulcherrima
Texas Ranger Leucophyllum spp.

Desert Floor
General Use: Groundcover
Bougainvillea Bougainvillea spp.

Green carpet Carissa grandiflora
Purple lantana Lantana montevidensis
Wind Resistant Landscaping: Flowers
Desert marigold Baileya multiradiata
Blue flax Linum perenne
Desert lupine Lupinus sparsiflorus
Desert poppy Eschscholzia parishii
Wind Resistant Landscaping: Grasses
Deer grass Muhlenberia rigens
Mexican thread grass Stipa tenuissima
Bull grass Muhlenbergia emersleyi
Wind Resistant Landscaping: Groundcover
Damianita Chrysactinia Mexicana
Trailing lantana Lantana montevidensis
Dwarf ruellia Ruellia sp.

Periwinkle Vinca major

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MSA CONSULTING, INC.
www.msaconsultinginc.com
SECTION 24 SPECIFIC PLAN
SECTION 24
Source: MSA Consulting Inc.

SECTION 24 LANDSCAPE CORRIDOR PLANT PALETTE PHOTOS
FIGURE 21
PAGE 4812-125

SECTION 24
Table 3 Section 24 Site Development Plant Palette
Plant Type Common Name Scientific Name
Trees
Mulga Acacia aneura
Sweet Acacia Acacia farnesiana
Cascalote Caessalpinia cacalaco
Blue Palo Verde Cercidium floridum
Palo Brea Cercidium praecox
Desert Willow Chilopsis linearis
Sissoo Tree Dalbergia sissoo
Swamp Malee Eucalyptus spathulata
Evergreen Ash Fraxinus uhdei “Majestic Beauty”
Jacaranda Jacaranda mimosifolia
Fruitless Olive Olea Europaea “Wilsoni or Swan Hill”
Ironwood Olneya tesota
Mexican Palo Verde Parkinsonia aculeata
Desert Museum Palo Verde Parkinsonia hybrid “Desert Museum” Mondell Pine Pinus eldarica
Aleppo Pine Pinus halepensis
Native Mesquite Prosopis velutina
Thornless Hybrid Mesquite Prosopis x Phoenix
Southern Live Oak Quercus virginiana
African Sumac Rhus lancea
Brazilian Pepper Schinus terebinthifolius
Tipu Tree Tipuana tipu
Palms
Mediterranean Fan Palm Chamerops humilis
Sago Palm Cycas revolute
Date Palm Phoenix dactylifera
Californian Fan Palm Washingtonia filifera
Mexican Fan Palm Washingtonia robusta
Shrubs
Shrub Bougainvillea Bougainvillea “species”
Red Bird of Paradise Caesalpina pulcherrima
Baja Fairy Duster Calliandra californica
Dwarf Weeping Bottlebrush Callistemon viminalis “Little John” Natal Plum Carrisa macrocarpa “boxwood beauty”
Hopseed Bush Dodonea viscosa
Brittle Brush Encelia farinose
Valentine Emu Bush Eremophila maculate “valentine”
Green-Leaf Euryops Euryops p. “viridis”
Stokes Holly Ilex vomitoria “stokes”
Mexican Honeysuckle Justicia spicigera
Dwarf Lantana Lantana m. “dwarf pink”
Texas Ranger Leucophyllum c. “thundercloud”
Texas Privet Ligustrum j. “texanum”
Dwarf Myrtle Myrtus communis “compacta”
Indian Hawthorn Rhaphiolepis i. “ballerina”
Desert Ruellia Ruellia peninsularis
Red Sage Salvia g. “sierra linda”
Feathery Cassia Senna artemisioides
Jojoba Simmondsia chinesis
Yellow Bells Tecoma stans “orange jubilee”
Dwarf Xylosma Xylosma c. “compacta”
SPECIFIC PLAN Page 49 12-126

SECTION 24
Desert Floor
Groundcover
Seasonal Flowers Annual cover
Trailing Acacia Acacia r. “desert carpet”
Coyote Bush Baccharis p. “centennial”
Desert Marigold Baileya multiradiata
Natal Plum Carissa macrocarpa “green carpet”
Prostrate Indigo Bush Dalea greggii
Gazania Ganzania mitsua orange”
Purple Prostrate Lantana Lantana montevedensis
Pink Mexican Primrose Oenothera berlandieri
Dwarf Rosemary Rosmarinus o. “lockwood de forest”
Katiee Ruellia Ruellia brittoniana “Katie”
Green Santolina Santolina virens
Verbena Verbena rigida
Periwinkle Vinica major
Vines
Creeping Fig Ficus Pumila
Cat’s Claw Vine Macfadyena unguis-cacti
Boston Ivy Parthenocissus tricuspidata
Espaliers
Bougainvillea Bougainvillea sp.

Pink Powder Puff Calliandra inequilatera
Bronze Loquat Eriobotrya deflexa
Accents
Agave Agave desmenttiana
Toothless Sotol Dasylirion longissimum
Desert Spoon Dasylirion wheeleri
Red Yucca Hesperaloe parviflora
Deer Grass Muhlenbergia rigens
Bull Grass Muhlenbergia emersleyi
Mexican Grass Tree Nolina longifolia
Dwarf Mexican Grass Nolina parryi
Mexican Thread Grass Stipa tenuissima
Pendulous Yucca Yucca recurvifolia
Wildflowers
Desert Wildflower Mixture California poppies, verbena, etc.

SPECIFIC PLAN Page 50 12-127

MSA CONSULTING, INC.
www.msaconsultinginc.com
SECTION 24 SPECIFIC PLAN
SECTION 24
Source: MSA Consulting Inc.

SITE DEVELOPMENT PLANT PALETTE PHOTOS
FIGURE 22
PAGE 5112-128

SECTION 24
SPECIFIC PLAN Page 52

4.6 SECTION 24 GRADING CONCEPT
The existing topography of Section 24 slopes southwest and northeast with a ridgeline running from the northwest to the southeast. The vertical differential is created by a low point at the northeast corner with a 250’ elevation, ridgeline high point of 350’, northwest corner of 300’, southwest corner of 325’, and southeast corner of 350’. That creates the largest vertical differential of 100’. In order to reduce the impact of the existing topography which has maximum slopes of over 8%, the proposed contours shift the highpoint to the clubhouse area of Planning Area 8 and gradually slope the land to the northeast at a maximum of 2.3%. The slopes to the southwest do not exceed 1.3%. The best views from Planning Area 8 are predominately to the west and southwest but are also quite good to the north. The streets and homes will be suited to benefit from those views whenever possible.

A vertical division of approximately 20’ has been created to separate Planning Area 8 from the balance of the Planning Areas. This was done to allow the commercial and multi-family land uses to coexist with the single-family residential land use in close proximity to each other. A slope to the north, northeast, and east has been provided at a maximum slope of 3 to 1 at the property line between the Planning Areas. It will be possible to use this slope on both sides of the property line for landscape, open space and trails.

Planning Areas 1 and 2 propose contours slopes northeast at 2.6%. The access points are close to the existing elevations of the public streets on the west and north sides of the Planning Areas. Planning Area 3 slopes to the northeast at 1.5%. The access points are close to the elevations of the roads to the north, west and south. The northeast corner is elevated approximately 10’ above the intersection of Ramon Road and Bob Hope Drive to accentuate the future land uses. The surrounding roadways are all higher than this intersection and will afford excellent views of future buildings.

Planning Area 4 has a slope of 3.2% in the northeast direction. This area is fronted by a steep section of Bob Hope Drive at 3.3%. The slope on Planning Area 4 is impacted by the adjacent elevation of Planning Area 5 in order to limit the vertical differential between the two Planning Areas. The access points for this Planning Area are on the north, east and west sides. Planning Area 5 slopes at 1.8% to the north.

Planning Area 6 slopes 2.3% to the north and has access points on the north, east and south sides.

Planning Area 7 slopes at 1.1% to the east and has access points on the north, east and south. In the event Planning Area 8 is mass graded prior to the other Planning Areas, a conceptual grading plan and earthworks calculations have been prepared. Planning Area 8 requires an import of 234,400 cubic yards, which is offset by the export quantities of the other Planning Areas. The overall site balances with unclassified excavation of 4.5 million yards of dirt cut and fill using 20% shrinkage and 0.10’ subsidence.

Retention basins are shown in their conceptual locations on, at the low points for each section of the project.

Reference should be made to the following Grading Exhibits:
 Figure 23A : “Conceptual Interim Cut/ Fill Diagram” on page 53;  Figure 23B: “Conceptual Ultimate Cut/ Fill Exhibit” on page 54;  Figure 23C: “Conceptual Mass Grading Exhibit” on page 55; and  Figure 24: “Illustrative Ultimate Grading Site Section” on page 56.

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SECTION 24
TOTAL SITE (577 AC GROSS):

RAW QUANTITIES

CUT (CY)FILL (CY)
SUBSIDENCE 42,248 46,750
RAW ADJUSTED 4,498,230 3,594,604
SHRINKAGE 898,651
EXPORT
TOTAL EARTHWORK 4,498,230 4,498,230
EARTHWORK FACTORS:

THE FOLLOWING FACTORS WERE USED IN THE PREPARATION OF THE EARTHWORK ANALYSIS:

SHRINKAGE:20.0% (AVERAGED VALUE)
SUBSIDENCE:0.10' (AVERAGED VALUE)

EXISTING CONTOURS AND PLANIMETRICS WERE COMPILED
PHOTOGRAMMETRICALLY BY INLAND AERIAL SURVEYS, INC. DATED:

MAY 2, 2013.

SUBTOTAL 4,498,230 4,493,255
4,540,478 3,547,854

ESTIMATED EARTHWORK QUANTITIES
4,975
TRIBE - PA 1-6 (216 AC GROSS):

RAW QUANTITIES

CUT (CY)FILL (CY)
SUBSIDENCE 15,807 16,806
RAW ADJUSTED 1,946,701 1,372,629
SHRINKAGE 343,157
EXPORT
TOTAL EARTHWORK 1,946,701 1,946,701
SUBTOTAL 1,946,701 1,715,786
1,962,508 1,355,823
230,914
PULTE - PA 8 (321 AC GROSS):

RAW QUANTITIES

CUT (CY)FILL (CY)
SUBSIDENCE 22,764 27,706
RAW ADJUSTED 2,453,182 2,150,091
SHRINKAGE 537,523
IMPORT
TOTAL EARTHWORK 2,687,614 2,687,614
SUBTOTAL 2,453,182 2,687,614
2,475,946 2,122,385
234,432
PRIETO - PA 7 (40 AC GROSS):

RAW QUANTITIES

CUT (CY)FILL (CY)
SUBSIDENCE 3,677 2,238
RAW ADJUSTED 98,348 71,883
SHRINKAGE 17,971
EXPORT
SUBTOTAL 98,348 89,854
102,025 69,645
8,494
TOTAL EARTHWORK 98,348 98,348

CONCEPTUAL MASS GRADING EXHIBIT
FIGURE 23C
PAGE 55
0'
SCALE: 1" = 800'
800'
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MSA CONSULTING, INC.
www.msaconsultinginc.com
SECTION 24
SECTION 24

ILLUSTRATIVE ULTIMATE GRADING SITE SECTION
FIGURE 24
PAGE 56SCALE: 1" = 20'
0'20'
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SECTION 24
SPECIFIC PLAN Page 57

4.7 PUBLIC FACILITIES AND UTILITIES PLAN

4.7.1 Water Conservation and Stormwater Management
The land planning approach and the related design of public facilities and utilities within the Section 24 Specific Plan are both responsive to water conservation and stormwater management “best practices” that are sensitive to the desert environment sustainability needs of this area of the Coachella Valley. Project design within this plan incorporates, for example, Low Impact Design (LID) standards and techniques as encouraged by the Low Impact Development Center, Inc. a non-profit water resources research organization which was formed in 1998. The following are examples of water conservation and stormwater management techniques to be encouraged:

Water Conservation
 Application of LID standards to all interior plumbing fixtures;

 Application of LID standards to all exterior landscape irrigation systems, including fully automatic features;

 Utilization of “Xeriscape” planting principles and use of drought-tolerant plant materials as specified in Tables 2 and 3 of this document;

 Minimum use of turf except within active outdoor recreation areas;

 Encourage the future use of “grey water”, recycled water infrastructure and collected rainwater in exterior landscape irrigation systems;

 Decorative water features are to be designed to minimize water consumption and evaporation; and

 Encouragement for developers to meet or exceed Coachella Valley Water District (CVWD) water efficiency goals.

Stormwater Management
 Use of linear bioswales, landscaped with native or drought-tolerant grasses, and smaller scale bioretention cells in surface or subsurface storage areas in commercial development areas;

 Encouragement of tree box filters as “mini-retention areas” where feasible;

 Use of permeable interlocking concrete pavers in parking courts where feasible; and

 Consideration of the use of pervious concrete and asphalt for other paved areas where proper maintenance can be achieved.
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SECTION 24
SPECIFIC PLAN Page 58

4.7.2 Water Supply
The Coachella Valley Water District (CVWD) will provide water service for the Section 24 Specific Plan area. At buildout, the Specific Plan area is estimated to use 3,400 acre-feet of water per year, which is 9 acre-feet per day and 2,100 gallons per minute average daily demand. The detailed density and water demand calculations can be seen on Table 4, page 59. The total Planning Areas land use converts to 4,187 Equivalent Dwelling Units (EDU).

Domestic, landscape irrigation, and fire protection water supply will be provided by a combination of the Mission Hills Pressure Zone, the Date Palm Mountain Pressure Zone, and up to seven on-site well sites with pumping plants. The Sky Mountain Pressure Zone reservoir and transmission main as shown on the Conceptual Master Water Plan (Figure 25) is for reference only and is not a part of the Section 24 Specific Plan requirements. The proposed wells within the Specific Plan area would provide treatment capabilities to reduce the level of chromium below U.S. Environmental Protection Agency (EPA) maximum containment levels (MCL) if, prior to installation, groundwater testing for total chromium indicates that the groundwater exceeds EPA MCL. A new reservoir site located on the north side of the I- 10 freeway will be constructed by CVWD. The water lines and approximate reservoir location can be seen on Figure 25, page 60.

A proposed 36” transmission main will carry the water to and from the new reservoir to supply the water lines within and surrounding the project. 18’ existing water lines surround the project in all four public streets. The on-site water lines will be a combination of 18”, 12” and 8”. The 18” lines will be needed to supply the land uses that require the highest fire flow. It is anticipated that there will be eight points of connection to supply the eight Planning Areas from the water lines in the public roadways. A minimum of two POC’s will be needed for each Planning Area either from the perimeter water lines or internal water lines. The water loop concept is needed for each Planning Area to increase the flow to each building.

A water system analysis will be prepared during the final construction documents to ensure that the required fire flow is provided at each fire hydrant and each fire sprinkler system. Every building, whether residential or commercial, will be required to provide an approved fire sprinkler system. All system design will abide by CVWD Design Manual.

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DENSITY AND WATER DEMAND TABLE
TABLE 4
PAGE 59
MSA CONSULTING, INC.
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SECTION 24
SECTION 24
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PROP. 30" WTR (BY
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ZONE
PROP. RESERVOIR
(BY C.V.W.D.) SKY

MOUNTAIN

PRESSURE ZONE
PROP. RESERVOIR

MISSION HILLS

PRESSURE ZONE
PROP. 30" WTR (BY
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PRESSURE ZONE
PROP. 36" WTR

MISSION HILLS

PRESSURE ZONE

RAMON ROAD

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P.O.C. 2
P.O.C. 3
P.O.C. 4 P.O.C. 5
P.O.C. 6
P.O.C. 7
P.O.C. 8
EX. 18" WATEREX. 18" WATER
EX. 18" WATER
EX. 18" WATER
EX. 18" WATER
EX. 18" WATER
EX. 18" WATER
EX. 18" WATER
EX. 18" WATER
FUTURE 18" WATER
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PROP. 36" WTR

MISSION HILLS
PRESSURE ZONE EX.

EASEMENT
(2) EX. 18"
WATER
(2) EX. 18"
WATER
PROP. 30" WTR
(BY C.V.W.D.) SKY

MOUNTAIN

PRESSURE ZONE
EX. 18"
WATER
(2) EX. 18"
WATER
EX. CVWD WELL SITE
EX. CVWD

WELL SITE
EX. CVWD WELL SITE

CONCEPTUAL MASTER WATER PLAN
FIGURE 25
PAGE 60
MSA CONSULTING, INC.
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SECTION 24
SECTION 24
LEGEND:

SKY MOUNTAIN PRESSURE ZONE
30" MAIN (BY C.V.W.D.)

MISSION HILLS PRESSURE ZONE
36" MAIN
18" MAIN
12" MAIN
8" MAIN
EXISTING 18" WATER MAIN

PROPOSED WELL SITE
MATCHLINE - SEE VIEWPORT 1
MATCHLINE - SEE VIEWPORT 2
N.T.S.12-137

SECTION 24

4.7.3 Stormwater Management
The Coachella Valley Water District (CVWD) is the governing body for Stormwater Management for this Specific Plan area. A preliminary Synthetic Unit Hydrograph (shortcut method) was used to determine the retention volume needed to accept 100% of the stormwater runoff of the 100 year governing event. The 6- hour event will produce 2.40 inches of rain and is the governing event. Planning Areas 1-7 will produce

51.18 acre-feet of stormwater run-off that will need to be retained. Planning Area 8 will produce 40.98 acre-feet of stormwater run-off that will needed to be retained. The overall project will produce 92.16 acre-feet of stormwater runoff that will need to be retained.

The retention basins will be a maximum of 5-feet deep with maximum slopes of 5 to 1 unless erosion control methods are implemented. The top of the basin’s elevation must have one foot of freeboard and be one foot below the lowest building pad. A percolation rate of 1” per hour was used to determine the basin volumes. It may be possible to increase that infiltration rate by having a geotechnical engineer perform percolation testing. One-half of the perc rate that is determined by testing can be used in the hydrology calculations with a maximum of 5” per hour, which may reduce the retention volumes accordingly. The hydrology report and calculations will abide by drainage law and the Riverside County Flood Control & Water Conservation District (RCFCWCD) Hydrology Manual.

SPECIFIC PLAN Page 61 12-138

MSA CONSULTING, INC.
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SECTION 24 SPECIFIC PLAN
SECTION 24

CONCEPTUAL DRAINAGE PLAN
FIGURE 26
PAGE 62
0'
SCALE: 1" = 800'
800'
LEGEND

FLOW ARROWS

RETENTION BASIN
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SECTION 24

4.7.4 Sanitary Sewer
Coachella Valley Water District (CVWD) will provide service for the Section 24 Specific Plan area. The proposed contour grading concept has been designed to allow for all sewer flows to exit the project by gravity. Those flows terminate at the WARP-7 sewage treatment plant (Wastewater Reclamation Plant) in Indio. The on-site sewer pipe will be 8” and 12” PVC pipe. The system will be divided into two areas, one draining to the west and the other to the north. Figure 27, page 64 shows the lines, directions and points of connection.

The on-site sewer pipelines exit the project to north and connect to an existing 15” sewer line on Ramon Road; from there the existing line crosses under the 1-10 freeway and United Pacific Rail Road (UPRR) heading north and then east on Varner Road. A sewer system hydraulic model was prepared by CVWD for this Specific Plan area, which determined that a line upgrade would be necessary further east on Varner Road, as shown on Figure 27, page 64. Based on CVWD policy, the line upgrade will be a condition for the next developer that adds sewage upstream of the line upgrade location. CVWD has deemed the sewer line “at capacity” and no projects will be allowed to add sewage flow until the line has been upgrade. There are six points of connection to the surrounding existing sewer lines to the west and north. Any sewer design system to be implemented will abide by the CVWD Design Development Manual.

SPECIFIC PLAN Page 63 12-140

EX. 15" SEWER
POC 4
POC 3
POC 5
PA 8
EX 15"
SEWER
PULTE
TRIBAL

CONCEPTUAL MASTER SEWER PLAN
FIGURE 27
PAGE 64
LEGEND

PROPOSED SEWER - TO LOS ALAMOS

PROPOSED SEWER - TO RAMON

EXISTING SEWER
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SECTION 24
SECTION 24
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SECTION 24

4.7.5 Dry Utilities

Electric
Southern Californian Edison (SCE) is the local purveyor of electricity. The Section 24 Specific Plan area has power on all four sides of the project and represents a final piece of infill for the territory. SCE’s territory ends at the centerline of Bob Hope extended to Rio Del Sol. SCE’s territory does extend to the north, south and west. There are existing 115 KV transmission lines, above ground, along the south frontage on Dinah Shore Drive. The site can be serviced from multiple points of connection however the most likely point for the commercial aspect is the intersection of Bob Hope and Roman Road, and the most likely for the residential is from Dinah Shore Road.

Gas
The local purveyor is the Southern California Gas Company. The Gas Company has 6” mains in Dinah Shore and Bob Hope Drives with a 4” main in Los Alamos. A loop system will most likely be designed for both the residential and the commercial with two tie-ins per system.

Telephone
The local provider for telephone is Verizon. Verizon has telephone facilities surrounding the entire Section 24 Specific Plan area. Tie-ins will be made at the existing pull boxes or manholes surrounding the site.

Cable Vision
Time Warner Cable provides local service of cable television service. Time Warner has facilities along Los Alamos, Ramon Road and Dinah Shore Drive. Point of connection will be at an available pull box or amplifier along those streets.

SPECIFIC PLAN Page 65 12-142

SECTION 24
SPECIFIC PLAN Page 66

4.7.6 Public Services/ Fire and Police
Fire Services
A full range of fire protective services is provided by Riverside County Fire Department, West Desert Division. The City of Rancho Mirage is a contract City with Riverside County Fire. Assuming annexation, fire and emergency services would remain unchanged and Riverside County Fire would continue to provide service. Riverside County, Roy Wilson Fire Station No. 35 is the closest fire station with Rancho Mirage Fire Station No. 69 on Gerald Ford being the second.

Police Services

Police services are currently provided by Riverside County Sheriff’s department. The City of Rancho Mirage contracts for 80 hours per week with the Riverside County Sheriff Department. The City of Rancho Mirage does not have any police facilities within the City limits; instead deputies assigned to work in the City are dispatched from the sheriff station in Palm Desert on Gerald Ford Drive. Assuming annexation, police service provider would remain unchanged. Additional personnel may be necessary depending on the additional demand.

Solid Waste
Burrtec Waste and Recycling services provide solid waste collection services to the area. Service includes waste removal, recycling programs and green waste disposal. Burrtec Waste offers all sizes of containers, including compactors. Recycling services are offered to residential units at no cost, materials are picked up curbside once per week and includes a 32-gallon cart. Commercial recycling is also available in 32- gallon and other size carts and bins at discounted rates. Bulky items pick-up is also available to residents by appointment only. Solid waste is taken to the Edom Hill transfer station, from this location it is then taken to one of Burrtec’s regional landfills.

If the City of Rancho Mirage annexes the Section 24 Specific Plan area, the service provider would be unchanged. Future development within the Specific Plan Area would be required to determine whether project related solid waste would cause significant impacts to area landfills. Additionally, development subject to City approval would be required to comply with the City’s waste and recycling provisions and provide a construction and demolition plan prior to initiating the development, grading permit process.

The City’s Municipal Code (Chapter 7.07) also requires that construction and demolition debris from the development be diverted from the landfill and either recycled or reused to the maximum extent.

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SECTION 24
CHAPTER 5: DEVELOPMENT REGULATIONS
This chapter contains the regulations, requirements, and by-laws, by which development must abide, as indicated by the use of the word “shall.” These regulations are mandatory and cover general development standards, open space requirements, parking standards, nonconformities, lighting standards, sign programs, maintenance standards, and other standards for accessory structures. Provisions within these standards may also use the word “should,” in which case the standard is encouraged but not mandatory.

5.1 PERMITTED USES
Each land use category is defined in precise terms to ensure that the range of permitted and conditionally permitted uses respects the intent of the Specific Plan and the conditions encountered in each planning area. Table 4 outlines the permitted uses (P) and conditionally permitted uses (C) that are allowed to develop within the Section 24 Specific Plan by land use designation. This tailored use list is specifically aimed at stimulating investment on this site to generate a land use pattern of higher value and quality than may be possible under conventional zoning. The table also lists prohibited uses to avoid potential conflicts between uses on and adjacent to the Specific Plan area. Those uses not specifically listed in the table are subject to review and approval of the Tribal Council or successor agency, based on the consistency within the purpose and intent of the land use categories and planning areas.

SPECIFIC PLAN Page 67 12-144

SECTION 24
SPECIFIC PLAN Page 68

Table 5 Permitted Uses

(P) Permitted; (C) Conditional Use Permit; (X) Not Permitted Use Category Typical Permitted Uses

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Retail Accessory uses and structures (e.g., storage)P P P C C Art, antiques, collectibles, gifts P P P X X
Automobile sales (new)C X C X X
Bars, alcoholic beverage drinking places (on
site consumption)

C C C X X
Building material stores > 5,000 square feet C X C X X
Building material stores ≤5,000 square feet X X C X X
Convenience Stores C C C X X
Furniture, furnishings, equipment stores C X P X X
Grocery Stores P X P X X
Health/Fitness Centers P P C X X
Indoor amusement/entertainment centers C P C X X
Liquor stores (off-site consumption)C X C X X
Nightclubs, with or without food service C C C X X
Pet stores P X P X X
Restaurants (fast food) C X C X X
Restaurants (specialty) P P P X C
Restaurants (standard) P P P X C
Retail stores (general merchandise)P X P X X
Warehouse retail stores X X X X X
Office/Service Accessory uses and structures P P P P X
Automated teller machines (ATM)P P P C X
Banks and financial services P X P X X
Broadcast and recording studios P X C X X
Business support services P P P X X
Car (motor vehicle) washes X X C X X
Dry cleaning (drop-off only)P C P X X
Hotels P P C X X
Medical services, clinics, laboratories C X P X X
Offices (professional) P X P X X
Personal services X P P X X
Repair and maintenance (consumer C X P X X
Service stations X X C X X
Spa Facilities P P P X C
Vehicle repair and maintenance C X C X X
Veterinarian clinics and animal hospital X X C X X

12-145

SECTION 24
SPECIFIC PLAN Page 69

Table 5 Permitted Uses

(P) Permitted; (C) Conditional Use Permit; (X) Not Permitted Use Category Typical Permitted Uses

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Residential

Accessory uses and structures P X X P X
Child care centers (up to 14 children)P P P P X
Child care centers (15 to 30 children) X X C C X
Community apartments and condominiums P X X P X
Employee housing X C X X P
Multi-family/ condominium housing P X X P X
Single family attached/ detached X X X C P
Timeshare/hotel units (2) C C C X X
Mixed use (3) vertically or horizontally
attached buildings with two or more
different uses (e.g., commercial and
residential), but excluding live/work units
unless attached to a separate commercial or
residential.

P C X X X
Open Space and
Recreation Open space (private or public) P P X P P
Residential recreational facilities (private) X X X P P Education, Public
Assembly, Public
Institutions
Community cultural centers C X C C X
Country clubs (4) C C C C P
Fire stations P C C P C
Government offices C X C C X
Libraries and museums C X C X X
Membership organization facilities P P P X X
Outdoor events venue C C C X X
Police stations C C C X X
Post offices C C C C X
Religious facilities/place of worship P X C C X
Schools (specialized education and training C X X X X
Theatres, auditoriums, meeting halls P P C X X
Transportation/
Communication
Facilities
Alternative fuels and recharging facilities P P P C C
Bus stops or taxi cabs P P P P X
Gas stations C C X X X
Public utility facilities C C C C C
Satellite antennae/ direct TV dishes C C C P C
Wireless facilities C C C C C

12-146

SECTION 24
SPECIFIC PLAN Page 70

Table 5 Permitted Uses

(P) Permitted; (C) Conditional Use Permit; (X) Not Permitted Use Category Typical Permitted Uses
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Manufacturing
and Processing
Furniture/fixtures/cabinet shops C X X X X
Handicraft industries, small scale assembly C X X X X
Printing and publishing C X X X X
Recycling facilities – small collection
facility C X C X X
Recycling facilities – reverse vending
machines C X C X X
Other Uses Businesses operating between 10:00 PM
and 6:00 AM C C C X X
Stand-alone tower elements, such as
obelisks, clock towers, and campaniles (5)P P P P P
Prohibited Uses Auto parts and supplies X X X X X
Check-cashing, payday loan services X X X X X
Industrial uses X X X X X
Massage Parlors, stand alone X X X X X
Mobile home, recreational vehicle sales X X X X X
Sexually oriented business establishments X X X X X
Storage facilities (self-service, personal
storage X X X X X
Uses that generate excessive vibrations,
noise, heat, or smells X X X X X
Uses that cause chemicals on site (other
than those uses in copy machines);
hazardous activities such as, but not
limited to, welding, open flame, or storage
of flammable liquids

X X X X X

Notes for Table 5:
1) For buildings that already exist and are to be occupied by a use that is permitted by right, only a certificate of occupancy and business license shall be required.

2) See Chapter 7 for additional direction on the development procedures for timeshares/hotel units.

3) Mixed-use buildings are permitted by right in the Mixed-Use Core land use category, except when a use to be included in the mixed-use building requires a conditional use permit, in which case the entire mixed-use building shall require a conditional use permit. 12-147

SECTION 24
SPECIFIC PLAN Page 71

4) The Planning Area 8 clubhouse building is permitted to include private restaurant and bar service for Planning Area 8/ Active Adult Community residents and their guests.

5) Stand-alone tower elements, such as obelisks, clock towers, and campaniles, are permitted to reach up to 50 feet in height, so long as they do not have a footprint larger than 400 square feet.

Taller tower elements and/or towers with a larger footprint may be permitted with a CUP.

6) Electronic message boards may be permitted in commercial areas, subject to a CUP. 7) Additional Use Regulations for Active Adult Community (Planning Area 8):

The following are additional Permitted Uses in the Active Adult Community:

o Casita Units (Guest Housing) subject to the development standards outlined later in this Section of the Specific Plan;

o Model home facilities that may include display rooms, design center and parking area and that have received design review approval concurrent with the review and approval of the Section 24 Specific Plan;

o Accessory buildings, uses, or structures;

o Home occupations (see Land Use Ordinance of the Agua Caliente Band of Cahuilla Indians). All home occupations must be approved by the Active Adult Community HOA Board of Directors;

o The keeping of domestic animals (see Land Use Ordinance of the Agua Caliente Band of Cahuilla Indians) as allowed by CC & R’s;

o Flood control facilities;

o Lakes, putting greens;

o Trails, paths, walkways and cart paths;

o Recreational amenities that may include recreation buildings, recreation center, snack bars, picnic facilities, trails, lakes, swimming pools, tennis courts, pickle ball courts, bocce courts, walking tracks, tot lots and related facilities;

o Public or quasi-public utility or public service facilities;

o Public and private recreational facilities that may include recreation buildings, recreation center, restaurant, snack bars, tennis courts, bocce courts, walking tracks, and tot lots; and

o Private or community swimming pool and spa for the exclusive use of the residents of the Active Adult Community.
12-148

SECTION 24
SPECIFIC PLAN Page 72

5.2 GENERAL DEVELOPMENT STANDARDS

5.2.1 General Development Standards for Section 24

Development standards control the building envelopes for the proposed commercial, residential, service, and entertainment uses. These regulations have been designed to provide flexibility in site design while ensuring a consistent and coordinated built environment. Tables 5 through 7 address the general development standards that will guide the Section 24 Specific Plan density and intensity, building heights, and setbacks.

Table 6 Density and Intensity Standards

Maximum
Planning Area Net Land Area
(Acres)
DU/AC
(1)
FAR
(2)
Lot Coverage Minimum Unit Size
Retail
Planning Area 3 27 0.35 35%
Planning Area 7A 25 0.35 35%
Resort Flex
Planning Area 1A 25 0.40 40%
Planning Area 4 37 0.40 40%
Planning Area 6A 19 0.40 40%
Mixed Use Core
Planning Area 2A 25 1.0 50% 600 SF
Multi-Family Residential
Planning Area 1B 10 18 50% 850 SF
Planning Area 2B 11 18 50% 850 SF
Planning Area 5 18 18 50% 850 SF
Planning Area 6B 9 18 50% 850 SF
Planning Area 7B 10 18 50% 850 SF
Single Family Residential
Planning Area 8 (4) 313 3.75 35% 1,100 SF
12-149

SECTION 24
Notes for Table 6:

1) Density is measured by dividing the number of dwelling units proposed in a planning area by the acreage of that planning area, resulting in a number of dwelling units per acre. A maximum density standard does not apply to residential development in a mixed-use setting.

2) Maximum floor-area rations (FARs) incorporate only non-residential square footage and exclude all areas used for parking. FAR is calculated by dividing the sum of all non-residential development square footage proposed for a planning area by the total square footage of that planning area. A project may not necessarily be able to reach the maximum FAR if its environmental impacts (e.g., traffic) exceed the thresholds stated in the EIS.

3) Smaller units are allowed with a Conditional Use Permit, but in no case shall a unit smaller than 450 square feet be approved. Studio units smaller than 850 square feet must only provide one (1) covered parking spaces per unit.

4) Maximum lot coverage within the Active Adult Community (AAC) located in Planning Area 8 will be calculated as follows: 0.35 x ((parcel area) + (total SF of ACC Private Open Space ÷ total number of ACC dwelling units)).

SPECIFIC PLAN Page 73 12-150

SECTION 24
SPECIFIC PLAN Page 74

Table 7 Building Height Standards

Land Use Maximum Building Height (1) (2)(4)
Single-Use Buildings
Retail or office/service 18 feet
Residential 36 feet
Hotel 42 feet
Parking structures 36 feet
All other uses 18 feet
Mixed-Use Buildings
Retail and office service 32 feet
Retail and residential 42 feet
Office/service and residential 38 feet
Other Structures
Tower elements (3) 50 feet
Active Adult Community
Residential (4) 20 feet
Clubhouse/ Other Non-Residential 58 feet
Tower elements 72 feet

Notes for Table 7:
1) Building height shall be determined from the average finish grade around the building, or building segment for terraced structures, (measured at a point(s) within five feet of the exterior wall(s) of the structure) to the highest top of parapet or fascia for flat roof buildings or to the highest ridgeline for sloped roof structures, excluding chimneys and similar architectural projections.

2) Architectural projections are building elements (e.g., towers, cupolas) that are added to building faces to provide architectural interest without adding interior floor area. The maximum height of any architectural projection is 10 feet above the proposed building height, unless otherwise approved by the Tribal Council. In no case, however, shall architectural projections be allowed to exceed 5 feet above the maximum building height.

3) Stand-alone tower elements, such as obelisks, clock towers, and campaniles, are permitted to reach up to 50 feet in height, so long as they do not have a footprint larger than 400 square feet.

Taller tower elements and/or towers with a larger footprint are permitted with a CUP.

4) 28 feet in Single Family Attached Residential overlay as shown in Figure 29 on page 79.

12-151

SECTION 24
SPECIFIC PLAN Page 75

Table 8 Building Setback Standards

Location Minimum Setback (1) (6) Encroachments (2)
Building to Building (3) 10-20 feet 4-foot maximum
Building or Parking Area to:

Major Arterial 24 feet from the back of curb (4) 6-foot maximum Minor Arterial 20 feet from the back of curb 6-foot maximum Modified Collector (includes entry) 15 feet from the back of curb 4-foot maximum Local (includes entry) 14 feet from the back of curb 4-foot maximum Private Street/ Active Adult 20 feet from back of curb to garage 3-foot maximum Building to Alley 2 feet to allow for a landscape apron 1-foot maximum Building to Service Road 4 feet to allow for a landscape apron 2 foot maximum Building to Parking Structure 15 feet (5) 3-foot maximum Building to Parking Area/Drive Aisle 10 feet with walkway; 4 feet without walkway (must be landscaped)
2-foot maximum

Notes for Table 8:
1) All uses are allowed to be attached horizontally. Accordingly, the setback requirement for the building at the point of the shared wall is zero. Setbacks are measured from the closest point of a building. Stand-alone tower elements, such as obelisks, clock towers, and campaniles, are considered buildings and subject to these building setback standards.

2) Encroachments/projections must maintain a minimum 3-foot walkway and are subject to the approval of the Tribal Council. Encroachments include architectural features protruding from the building façade, cantilevered portions of the building, or outdoor uses such as porches and patios.

All projections must allow for a minimum of 8 feet of headroom below. Awnings may project past the encroachment maximum into the setback area to provide additional shade coverage for pedestrians.

3) Commercial buildings greater than 20,000 square feet must be set back a minimum of 20 feet from another commercial building that is greater than 20,000 square feet or any residential or mixed-use building. Commercial buildings greater than 20,000 square feet must be set back a minimum of 15 feet from a commercial building that is 20,000 square feet or less.

4) Buildings shall be set back at least one foot from the back of the curb for every one foot of building height unless otherwise approved by the Tribal Council. For setback purposes only, the building height shall be determined by measuring the elevation point of the back of curb perpendicular to the highest ridgeline of the structure, including architectural projections.

5) Buildings can reduce the building to parking structure setback to three feet if the adjacent wall is appropriately reinforced with sound-proof technology. Further reductions may be approved by the Tribal Council.
12-152

SECTION 24
SPECIFIC PLAN Page 76

5.2.2 Additional General Development Standards for the Active Adult Community (Planning Area 8) Lot Standards:
o Minimum Lot Area: 4,400 square feet.

o Architectural features such as cornices and chimneys may exceed the height limits of Table 7.

o Roof mounted equipment is prohibited, except for solar panels and satellite television equipment.

o Minimum Lot Width: (as measured at the front setback line) shall be 40 feet for a maximum of 35% of the lots and shall be a minimum of 52 feet for the remainder the lots; however, a minimum of 20% of the lots will have a lot width of at least 64 feet.

o Minimum Corner Lot Width: 55 feet.
o Minimum Lot Depth: 100 feet.

o Minimum Lot Frontage on a Knuckle or Cul-de-sac Street: 20 feet measured along the front property line.

o Minimum Required Lot Width along Curvilinear Streets: may be measured at the building setback line.

Residential Setbacks:
o Minimum Front Yard Setback: 20 feet to street-facing garage. Allow for optional living space (porch, entry court, golf court storage, other living space) of up to 5 feet deep within the Front Yard Setback area. (Refer to Exhibit 28 on page 74).

o An enclosed garage of at least 20 feet by 19 feet shall be provided for each single-family dwelling unit.

o Minimum Rear Yard Setback: 15 feet except where a rear yard abuts a landscaped open space, and then the minimum rear yard setback shall be 5 feet.

o Minimum Side Yard Setback: 7.5 feet.
o Minimum Street Side Yard Setback: 15 feet.

o Covered or unenclosed patios covers and trellises attached to the main structure may be located no closer than 3 feet to a side yard, 5 feet from the rear property line and 7 feet from the rear property line when adjacent to a street when the entire structure is located in the rear yard. The trellis shall not cover more than 60% of the rear yard. A covered patio not attached to a main structure is deemed an accessory structure.

Reference should be made to Figure 28 on page 77 “Active Adult Community Residential Illustrations”.

12-153

40'52'64'55'
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Maximum number of 40' and 52' wide lots = 80% of lots
Corner lotsMinimum of 20% of lotsMaximum of 45% of lotsMaximum of 35% of lots Minimum
Driveway
Optional
Living
Space
Optional
Enclosed
Garage
(2 Cars)
Enclosed
Garage
(2 Cars)
Enclosed
Garage
(2 Cars)
Enclosed
Garage
(2 Cars)
Living Space
Optional
Living Space
Driveway Driveway Driveway
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Optional
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1 5
'
Living Space
Footprint
Living Space
Footprint
Living Space
Footprint
Living Space
Footprint
Minimum Rear Yard = 15'
Covered Patio Limits Rear Yard = 15'
Covered Patio Limits
Minimum Rear Yard = 15'
Covered Patio Limits
Rear Yard = 15'
Covered Patio Limits
Minimum Minimum
20 '
20 '
20 '
20 '
15 '

5 '
15 '

5 '
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Living
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Covered
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Rear Yard
Driveway
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15 '
5'
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Lot Widths
MSA CONSULTING, INC.
www.msaconsultinginc.com
SECTION 24
SECTION 24

ACTIVE ADULT COMMUNITY RESIDENTIAL ILLUSTRATIONS
FIGURE 28
PAGE 77
Minimum Lot Area = 4,400 square feet
Therefore, minimum lot dimensions will range
between 40' to 44' wide by 100' to 110' deep.

General Development Standards per Table 6 "Density and Intensity Standards" on Page 72 and Table 7 "Building Height Standards" on Page 74
* Maximum Lot Coverage @ 35% of (Parcel Area) + (Total SF of ACC Private Open Space divided by total numbers of ACC dwelling units) * Minimum Dwelling Unit Size @ 1,100 square feet and
* Maximum Building Height @ 20 feet
ACTIVE ADULT COMMUNITY LOCAL STREETMinimum Front Yard Setback:
20 feet to street-facing garage;
allow up to 5 feet for optional living space (porch,
entry court, golf cart storage, other living space)
within front yard setback
Single Family Detached Residential Minimum Lot Standards and Setbacks Illustrative SFD Lot Layout
Along Curvilinear Streets
0'
SCALE: 1" = 20'
20'
12-154

SECTION 24
Single Family Attached Units:

Single family attached residential units may be developed as an optional use in lieu of single family detached residential units in the Active Adult Community, but are restricted to locations within the “Single Family Attached Residential Overlay Area” as illustrated in Figure 29 on page

76. If this optional use is implemented within the designated overlay area, the following standards supersede those already stated in this Section 5.2.1 for single family detached residential units:

Lot Standards
o Minimum Lot Area: 3,000 square feet

o Minimum Lot Width: 35 feet

o Minimum Corner Lot Width: 50 feet

o Minimum Lot Depth: 85 feet

Residential Setbacks
o Minimum Front Yard Setback: 15 feet, 20 feet to street-facing garage

o Minimum Rear Yard Setback: 10 feet

o Minimum Side Yard Setback: 0 feet

o Minimum Street Side Yard Setback: 15 feet

General Development Standards for single family residential development as previously stated in Tables 6 and 7 of Section 5.2 also apply to the single family attached residential units.

Reference should be made to Figure 29 on page 79 “Single Family Attached Residential Overlay Area”.

SPECIFIC PLAN Page 78 12-155

MSA CONSULTING, INC.
www.msaconsultinginc.com
SECTION 24
SECTION 24

SINGLE FAMILY ATTACHED RESIDENTIAL OVERLAY AREA
FIGURE 29
PAGE 79
Minimum Front Yard Setback:
20 feet to street-facing garage;
15 feet to living space footprint
Single Family Detached Residential Minimum Lot Standards and Setbacks

ACTIVE ADULT COMMUNITY LOCAL STREET
Minimum Lot Area = 3,000 square feet
General Development Standards per Table 6 "Density and Intensity Standards" on Page 72 and Table 7 "Building Height Standards" on Page 74
* Maximum Lot Coverage @ 35% of (Parcel Area) + (Total SF of ACC Private Open Space divided by total numbers of ACC dwelling units)
* Minimum Dwelling Unit Size @ 1,100 square feet and
* Maximum Building Height @ 28 feet
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SECTION 24
Permitted Projections into Setbacks
o Architectural projections including, but not limited to, projections and reveals around windows or doors, eaves, awnings, louvers, and similar shading devices; sills, belt courses, cornices and similar features; closets, storage spaces, garages, flues and fireplaces.

 Front Setback: 3 feet
 Street side Setbacks: 3 feet
 Interior Side Setbacks: 2 feet
 Rear Setback: 3 feet

The distance between any architectural projection and a side or rear property line shall not be less than 3 feet. The aggregate length of all architectural projections shall not exceed a total length of 20 feet nor 50% of the wall in which they are located.

o Oriel or bay windows.

 Front Setback: 3 feet
 Street side Setbacks: 3 feet
 Interior Side Setbacks: 2 feet
 Rear Setback: 3 feet

The aggregate width of oriel or bay windows shall not exceed a total length of 20 feet of the wall in which they are located.

o Covered, unenclosed patio or trellis, attached to the main structure.

 Front Setback: 0 feet
 Street side Setbacks: 0 feet
 Interior Side Setbacks: 0 feet
 Rear Setback: 10 feet

o Ground mounted air conditioners and pool, spa equipment, swamp cooler, or screen walls up to 48 inches high.

 Street side Setbacks: 4 feet
 Interior Side Setbacks: 2 feet
 Rear Setback: 4 feet
Detached Accessory Structures:
o Accessory structures may not be permitted in the front yard area.

o An accessory structure shall not exceed one story or 14 feet in height or occupy more than 25% of a required rear yard plus 55% of the buildable area. In addition, the total SPECIFIC PLAN Page 80 12-157

SECTION 24
building coverage allowed in the Active Adult Community development regulations shall not be exceeded.

o No accessory structure shall be located closer than 5 feet to any main building nor shall it be located closer than 3 feet to any side or rear lot line.

o Swimming pools, spas, and Jacuzzis may be located no closer than 3 feet to a side or rear property line. Exception: the edge of swimming pools, spas, and Jacuzzis may be constructed up to the rear property line where the rear yard abuts a landscaped open space area.

o Ground mounted air conditioners, swimming pool pumps, heaters, filters, and fans may be located in a required side or rear yard provided that such structures or equipment do not exceed a height of 54 inches measured from the base of the unit. Such equipment shall be screened from adjacent property or street by a solid fence or wall.

o Accessory structures and guest houses may only be permitted on a residential lot on which there is a one owner-occupied primary dwelling.

Casita Units (Guest Housing)
The purpose of this section is to expand the variety of housing opportunities within the Specific Plan area. In doing so, it is the intent of these regulations to insure that Casita units are located in areas where services are adequate to support them and to insure that Casita units are maintained as a compatible and integral part of the community in which they are located.

Casita units shall comply with all development standards of this Specific Plan. Neither design review nor a conditional use permit shall be required for Casita units provided the Casita units conform to the development standards outlined below.
o A Casita unit may only be permitted on a residential lot on which there is a one owner- occupied single-family detached dwelling (primary dwelling).

o No more than one Casita unit may be permitted on any parcel or lot.

o A Casita unit shall have adequate water supply pursuant to specifications of the Tribal Building and Safety Code.

o The Casita may be either attached or detached from the primary dwelling.

o The total area of floor space for either an attached or detached Casita unit shall not exceed 600 square feet.

o The driveway serving the primary dwelling shall be used to serve the Casita unit whenever feasible.

o Separate utility meters serving the Casita unit shall not be permitted.

SPECIFIC PLAN Page 81 12-158

SECTION 24
o Casita units attached to the primary dwelling unit shall comply with the development standards for the Active Adult Community, contained herein, unless otherwise provided by this section.

o Detached Casita units shall not exceed one story or 14 feet in height and may not occupy more than 25% of the required rear yard plus 55% of the buildable area provided the total building coverage allowed in the Active Adult Community is not exceeded. Detached Casita units shall not be located within any side or rear yard setback area.

o The Casita unit shall be architecturally compatible with the design of the main dwelling and shall incorporate the same colors and materials of the primary unit.

o The Casita unit may have bathroom and/ or kitchen plumbing and fixtures. The Casita may be used by the occupants or temporary guests of the occupants of the premises and shall not be rented or otherwise used as a separate dwelling except provided by this section.

o Detached Casita units shall not be located closer than 10 feet to any front property line, nor shall they be located within any side or rear setback area.

o No additional parking shall be required for the Casita unit.

SPECIFIC PLAN Page 82 12-159

SECTION 24

5.3 OPEN SPACE STANDARDS
The Section 24 Specific Plan requires special open space standards to ensure adequate space for the residents and consumers while also recognizing the unique types of spaces that work best within a mixed- use setting.

5.3.1 Residential Standards

1) A minimum of 200 square feet of outdoor usable common and private open space shall be provided per dwelling unit.

a) A minimum of 70 square feet per unit shall be private with a minimum dimension of 7 feet in any direction. Private open space shall be accessible directly from the living area of the unit, in the form of a fenced yard, patio, deck, or balcony.

b) A minimum of 100 square feet per unit shall be usable common open space.

 Usable common open space shall have a minimum level surface dimension of 20 feet in any direction and a minimum area of 400 square feet.

 The dimensions for usable common open space areas shall be measured from the outside of any private open space attached to a unit at ground level.

 The dimensions for usable common open space may include the building setback area if the buildings facing the open space area display a high degree of articulation and the building setback area is heavily landscaped. Landscaping may consist of in-ground or potted plantings.

 Usable common open space shall not include:

• Any area counted as private open space;
• Sidewalks and paved pathways;
• Any portion of open and enclosed parking areas, garages, streets, driveways, automobile turning aisles, or turnaround areas; • Storage areas (refuse or otherwise) or any area fenced or otherwise inaccessible to the residents;
• Slope areas exceeding 10 percent (unless the Tribal council determines that such areas are environmentally or aesthetically significant and their preservation would enhance the development); or
• Areas within public rights-of-way along roadways.

c) A minimum of 30 square feet per unit shall be provided in the form of common or private open space. This space can also be referred to as “flex space” and can be added to the private or common open space areas.

SPECIFIC PLAN Page 83 12-160

SECTION 24

5.3.2 Mixed Use Residential Standards

1) A minimum of 100 square feet of usable common open space shall be provided for each live/work unit or any residential unit in a mixed-use building.

a) Usable common open space shall have a minimum level surface dimension of 20 feet in any direction and a minimum area of 400 square feet.

b) The dimensions for usable common open space areas shall be measured from the outside of any private open space attached to a unit at ground level.

c) The dimensions for usable common open space may include the building setback area if the buildings facing the open space area display a high degree of articulation and the building setback area is heavily landscaped. Landscaping may consist of in ground or potted plantings.

d) Usable common open space shall not include:

 Any area counted as private open space;
 Sidewalks and paved pathways;
 Any portion of open and enclosed parking areas, garages, streets, driveways, automobile turning aisles, or turnaround areas;
 Storage areas (refuse or otherwise) or any area fenced or otherwise inaccessible to the residents;
 Slope areas exceeding 10 percent (unless the Tribal council determines that such areas are environmentally or aesthetically significant and their preservation would enhance the development); or
 Areas within public rights-of-way along roadways.

2) The residential open space requirements of mixed-use buildings must be met in addition to any public plaza space requirements generated by non-residential portions of the mixed-use building.

5.3.3 Commercial and Office Standards

1) Each building with a commercial, hotel, or office gross leasable area (GLA) of 15,000 square feet or less shall provide public plaza space equal to 10 percent of the total GLA of the building. Each building with a commercial or office GLA greater than 15,000 square feet shall provide or contribute towards public plaza space equal to 5 percent of the total GLA of building.

2) Public plazas shall have a minimum dimension 20 feet in any direction and a minimum area of 400 square feet, and may consist of pedestrian-accessible spaces, including outdoor seating areas, open space, water features, and landscape areas.

3) Outdoor eating areas provided as part of private eating establishments cannot be counted toward the public plaza requirement, unless the eating areas are open and accessible to the public, with no fencing or other barriers or obstructions. If the eating areas are enclosed by fencing or landscaping no greater than 4 feet in height, these areas may count toward up to 20 percent of the total public plaza requirement.

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4) Public plazas shall exclude parking areas, roadways and the first 5 feet surrounding all sides of the buildings.

5) Commercial or office space provided within a live/work unit is exempt from the public plaza requirement.

5.3.4 Special Open Space Provisions

1) Usable common open space or public plaza space requirements do not need to be located immediately next to their individual buildings, and are instead encouraged to coordinate with other uses to provide larger open spaces that are centrally located and serve multiple buildings.

a) The usable common open space and public plaza requirements of mixed-use buildings that contain residential and commercial uses can be combined into one or more large spaces to satisfy the usable common open space requirements of all residential uses, so long as the space is centrally located along and directly accessed by those uses.

b) The public plaza requirements of commercial or office buildings may be combined into one or more large spaces to satisfy the open space requirements of all buildings, so long as the space is centrally located along and directly accessed by those uses.

2) Usable common open space or public plaza requirements of a proposed project may be added to an existing open space or public plaza area, so long as the proposed open space or public plaza area is contiguous to the existing open space or public plaza area and permission is granted by the property owner.

3) For additions to existing, previously permitted commercial or office uses (or uses as part of a mixed -use building), the applicant shall only be required to provide plaza space at 5 percent of the new additional square footage of GLA. For example, if an existing 40,000-square foot commercial building adds 10,000 square feet of GLA, 500 square feet of additional public plaza space must be provided (10,000 × 5%).

4) The common open space or public plaza requirement shall be waived for additions to existing buildings or the construction of new buildings within the same planning area if existing open space provided by the existing building is of sufficient size to satisfy the total requirement of the existing and added square footage. For example, if an existing 40,000- square-foot commercial or office building adds 10,000 square feet of GLA, it would be considered a 50,000-square foot building. If the existing building already provides a 2,500-square foot public plaza (50,000 × 5 = 2,500 square feet), then no additional public plaza space shall be required.

5) A maximum of 33 percent of the area used to satisfy the public plaza requirement may be landscaped with vegetation or hardscape materials that cannot be walked or sat upon, such as in- ground flowerbeds.

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5.4 PARKING STANDARDS
Parking is an important component of development for the Section 24 Specific Plan. The various uses proposed within the Specific Plan area will be required to meet the parking standards specified in Table 9, and the amount of parking will vary depending on the number of units proposed and square footage of the non-residential uses. Parking may be provided through a combination of surface parking and/ or parking structures, and there will be opportunities for shared parking among different land uses.

Shared parking can reduce the amount of land needed for parking, creating opportunities for more compact development, more space for pedestrian circulation, and more open space and landscaping.

Shared parking analyses establish that as different land uses peak at different times, together these land uses do not need their maximum parking supply at the same time. Planning for each land use individually would result in an over-supply of parking in a location where there is a combination of land uses.

Therefore, within the Specific Plan area,, there is the potential to share a pool of parking that is smaller than the amount that would be required for each land use individually.

However, because shared parking reductions depend on the specific type and size of land uses within a project, the specific parking demand ratio for each land use requires further study involving the specific type of land use and peak-hour demand. Therefore, a more specific shared parking analysis approved by the Tribal Council may be completed for projects proposed within the Section 24 Specific Plan. As part of each study, the applicant will have to demonstrate that the proposed uses have differing peak hours of parking demand or that the total parking demand at any one time will be adequately served by the total number of parking spaces proposed.

Table 9 Parking Standards

Topic Standard Notes
Commercial and Office
General retail 3.0 per 1,000 SF GLA
Family restaurant 10.5 per 1,000 SF GLA
Fast food restaurant 15.0 per 1,000 SF GLA
Casual and fine dining 18.0 per 1,000 SF GLA
Active Adult Community
Club House

5.0 per 1,000 SF GFA
General office 3.5 per 1,000 SF GLA for first
5,000 SF
Parking decreases to 2.5 per 1,000 SF GLA for additional SF Medical office 4.0 per 1,000 SF GLA for first
5,000 square feet
Hotel
Hotel 1.1 per room Plus required spaces for ancillary uses Restaurant/lounge 10.0 per 1,000 SF GLA 6-foot maximum
Meeting area/banquet
room

30.0 per 1,000 SF GLA Parking standard refers to “gross assembly or viewing area” per RMMC.

Convention center 20.0 per 1,000 SF GLA
Residential
Multifamily
0-1 bedroom 1.50 per unit All spaces must be enclosed in a garage or carport 2+ bedroom 1.75 per unit All spaces must be enclosed in a garage or carport Single Family 2.00 per unit All spaces must be enclosed in a garage Guest spaces 0.15-0.25 per unit 0.15 multifamily/0.25 single family spaces may be uncovered. 12-163

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Structured Parking
Landscaping 50% coverage of visible concrete
surfaces
Parking structure facades shall achieve 50 percent coverage of visible concrete surfaces with landscaping. Coverage can be achieved through measures such as planters along the visible edge of the structure planted or through a vertical trellis planted at the parking level, or by other means.

Bicycle Parking
Bicycle Parking 2 racks per project that requires
40 or more non-residential
parking spaces
For any development that requires 40-80 non-residential parking spaces, 1 rack that can support 2 bicycles shall be provided. For any development that requires more than 80 non- residential parking spaces, 1 rack that can support 4 bicycles or 2 racks that can support two bicycles shall be provided.

Alternative Vehicle Parking and Carpooling
Golf cart or
neighborhood electric
vehicle parking
1 dedicated space for 0-25
residential units; 2 dedicated
spaces for 26-50 residential
units; 3 dedicated spaces for 51-
100 residential units; 4 dedicated
spaces for 101 or more
residential units
Parking shall be provided in a central location accessible to the residential units. Parking stalls shall be covered to shield the vehicles from sun and weather. The parking area shall also function as a recharging station by providing electric vehicle ports.

As an alternative, projects may provide these spaces within an enclosed garage as part of an individual unit, so long as the space is in addition to the area needed to accommodate the standard parking spaces.

Electric vehicle charging
station
1 charging station for every
application for 100,000 or more
square feet of non-residential
development.

The charging station shall be installed and function prior to the issuance of final building permits for half of the proposed square footage. The charging station location shall be as close as feasible to majority of the building entrances.

Carpool Parking Three percent of parking spaces
shall be set aside exclusively for
carpools
This requirement applies only to general or medical office buildings with a GLA greater than 20,000 square feet.

Fractional requirements shall be rounded down to the nearest whole number.

Parking Dimensions
Parking for non-residential use Parking for residential use 90 degree parking stall 9 feet x 18 feet 90 or 45 degree parking stall 9 feet x 18 feet 45 degree parking stall 9 feet x 19 feet Parallel degree parking stall 8 feet x 22 feet Parallel degree parking
stall
9 feet x 26 feet
Parking for alternative vehicle use
90 or 45 degree parking
stall
8 feet x 16 feet
Parallel parking stall 8 feet x 20 feet

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CHAPTER 6: DESIGN GUIDELINES
Quality development is achieved through attention to detail that is implemented from the initial conception of a project to the final construction of buildings, pathways, entry features, signage, and other design elements. This section outlines the design standards and guidelines for the Section 24 Specific Plan that will encourage the highest level of design quality and creativity in site planning and architectural design, while allowing for variation and flexibility.

All development within the Section 24 Specific Plan needs to address the fundamental elements of the design features covered in this chapter. The following guidelines establish a design framework to help design professionals and developers understand and implement this project. Due to the mix of project types that the Section 24 Specific Plan allows, the buildings will include a variety of design styles, and therefore a range of colors, materials, building detailing, and building orientations. However, these guidelines provide the necessary direction to ensure a coherent and complementary project.

These guidelines supplement, but do not override, the Americans with Disabilities Act and additional requirements set forth in the Tribal Building Code. Similar to development standards, certain design standards constitute regulations, requirements, and bylaws by which development must abide, and are indicated by the use of the word “shall.” Design guidelines generally use the word “should” and identify actions or outcomes that are encouraged but not mandatory.

6.1 COMMERCIAL, MIXED USE AND RESIDENTIAL DEVELOPMENT

6.1.1 Environmental Design
The environmental setting of the Section 24 area requires that certain measures be taken to protect the long-term social and economic investments that will be made through this Specific Plan. In particular, the hot, dry climate in the Coachella Valley calls for drought-tolerant landscaping and increased energy requirements to cool buildings. Additionally, blowsand in the area has the potential to scar buildings and vehicles, while also creating a generally unpleasant atmosphere for walking or sitting outside. The following standards and guidelines will help to ensure that development created through the Specific Plan is designed to take advantage of the opportunities and protect against the dangers of the desert environment.

Site Design and Infrastructure

1) Shading devices and techniques, such as roof overhangs, canopies, market umbrellas, arcades, and trees, shall be incorporated into buildings, parking courts and outdoor spaces to minimize unnecessary solar heat gain. Particular emphasis shall be placed on shading devices when east- west orientation is appropriate. Solar panels shall be strongly considered as appropriate shading devices when properly mounted on overhead building overhangs and trellises.

2) Buildings should be sited and designed to maximize the use of sunlight and shade for energy savings and respect the right to solar access of nearby and adjacent buildings. Whenever appropriate, orient buildings so that the long axis of the building is oriented east–west to maximize the opportunity for north- and south facing windows, which receive indirect, diffused SPECIFIC PLAN Page 88 12-165

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light with low heat gain for the building, reducing cooling costs during summer months.

Outdoor spaces such as plazas should be similarly oriented.

3) Misting systems and other similar micro-climate cooling techniques should be use along canopies and fascia soffits in common areas such as outdoor dining patios and pedestrian walkways in order to provide necessary relief from the desert heat during daytime periods of low ambient air humidity.

4) Consideration of the use of geothermal heat exchange systems will be encouraged to reduce energy demands for the Project’s air conditioning systems for buildings.

5) The use of recycled-content aggregate (reused and crushed concrete and asphalt) is highly encouraged in areas such as, but not limited to, drainage backfill and under driveways, sidewalks, and building slabs.

6) The use of grass bioswales, particularly with native or drought-tolerant grasses, is strongly encouraged to collect and filter water runoff.

7) Developments shall optimize landscaped stormwater retention/ infiltration basins and linear bioswales in surface or subsurface storage areas for nonpotable uses such as irrigation and sewage conveyance.

8) Developments shall include a recycling program for residential and commercial uses to recycle paper, glass, plastic, and other by-products of business or residential activities.

9) Projects are highly encouraged to exceed Coachella Valley Water District water efficiency goals.

Building Design and Materials

1) The pursuit of already established sustainable best management practices, such as Leadership in Energy and Environmental Design (LEED) certification, ComfortWise and EnergyStar Home is strongly encouraged throughout the Specific Plan area. The comprehensiveness of these certification programs guarantees, for their respective types of development, the achievement of a high minimum standard. For maximum flexibility, however, developers and builders may implement sustainable building and development practices most appropriate to the specific context within the Coachella Valley.

2) Builders are also encouraged to participate in programs offered or sponsored by local utilities such as California EnergyStar New Homes Program, Residential Property Development Program, California Home Energy Efficiency Rating System (CHEERS) Program, and Savings by Design Program.

3) Buildings shall be designed to facilitate and accommodate photovoltaic cells for solar power in accordance with Tribal Land Use Ordinance requirements. Solar-heated water is another efficient way to reduce energy needed for household activities.

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4) Architectural features that increase daylighting, such as light shelves that bounce light further into interior spaces, shall be installed where feasible to reduce the need for additional electrical light.

5) Developments shall minimize light pollution by avoiding outdoor lighting where unnecessary, emphasizing shielded fixtures and avoiding overhead lighting of areas such as walkways. Low scale, accent, and back lighting shall be used to highlight key entry points, signage, enhanced intersections, and feature landscaping. The use of LED (light-emitting diode) lighting or OLED (organic light-emitting diode) lighting is encouraged, so long as blue or cool-white LEDs are shielded properly to prevent light pollution.

6) Builders are encouraged to use flooring and insulation products that are low-emitting in terms of volatile organic compounds (VOCs) and formaldehyde. Low- and zero-VOC paints, finishes, adhesives, caulks, and other substances are also recommended to improve indoor air quality and reduce the harmful health effects of offgassing.

7) The use of light-colored roofing materials to reflect heat and reduce cooling requirements of buildings, particularly Energy Star-labeled roofing materials, is strongly encouraged.

8) Energy Star-labeled appliances (e.g., water heaters—particularly tankless) should be installed to the greatest feasible extent. Solar, electric (efficiency rating of at least 0.92), or lower- nitrogenoxide (as defined by the South Coast Air Quality Management District) gas-fired water heaters are strongly encouraged.

9) Buildings shall not be constructed primarily of materials that perform poorly in environments subject to blowsand, such as glass and wood.

Reference should be made to Figure 30 on page 91 “Environmental Design Photos”.

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MSA CONSULTING, INC.
www.msaconsultinginc.com
SECTION 24 SPECIFIC PLAN
SECTION 24
Source: MSA Consulting Inc.

ENVIRONMENTAL DESIGN PHOTOS
FIGURE 30
PAGE 9112-168

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6.1.2 Site Design
The integration of buildings, entries, parking lot layout, open spaces, and pedestrian and vehicular circulation is critical to achieving an overall sense of place. With the mix of proposed land uses within the Section 24 Specific Plan area, it is important to set guidelines to coordinate site planning between distinct building types and to ensure the connectivity of public spaces. Site design guidelines also provide direction for building placement and orientation, creating a defined streetscape that gives a development project a distinct character from the surrounding development.

As an example in this regard, these site design guidelines encourage development to incorporate courtyard parking, which places buildings along the street edge with parking internal to each block. This creates a more engaging streetscape that promotes pedestrian activity along the street rather than allowing parking areas directly adjacent to the street, which tend to isolate the pedestrian. Also, these guidelines emphasize the need for “sheltered outdoor spaces” in desert-sensitive development which include:

• Interior Courtyards, including atriums, patios and gardens open to the sun and sky but well shaded and buffered from the wind;

• Portales, or covered porches, that also offer exterior shade and wind protection; and

• Zaguans, or open passageways, connecting the street frontage to internal courtyards.

These important environmental control elements need to be integral to all new site design plans to help create a community design vocabulary that is responsive to desert development opportunities.

The guidelines that follow are organized by area use. For structures within the Section 24 Specific Plan area that combine commercial and residential uses within the same building, the site design guidelines for both commercial and residential areas shall apply.

Commercial Areas

1) Building placement and orientation should be organized to create visual interest along public rights-of-way, particularly at intersection nodes and project entryways. (Refer to Figure 31: Site Design Photos/ “building groupings at intersections” photo on page 97.)

2) Buildings should be oriented so that public access or windows face areas of pedestrian activity, such as public plazas and pedestrian pathways.

3) Multiple buildings in a single area should be grouped and organized to demonstrate a positive functional relationship to one another, and the grouping of multiple buildings should be clustered to create plazas and pedestrian corridors. Where clustering is impractical, a visual link should be established between buildings through the integration of an arcade system, trellis, colonnade, or other such open structure.

4) Enhanced or “signature” architecture should be provided at prominent locations. Buildings with unique architectural elements, such as clock towers and other landmark structures, should be positioned on corners of significant intersections or entryways to enhance the sense of arrival and project monumentation.

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5) Drive-through businesses are generally discouraged, but where permitted they shall be visually screened and shall be situated so as not to block any other drive aisle or parking space. Unless otherwise supported by a project-specific traffic analysis approved by the Tribal Council, stacking lanes for drive-through food service windows shall accommodate for a stacking of at least eight cars, and all other service windows shall accommodate stacking for at least four cars.

Drive-through businesses shall not be located directly adjacent to residential properties.

Residential Areas

1) Where possible, housing units should be oriented to streets and pedestrian walkways.

2) The windows of interior living spaces should overlook streets and public spaces to enhance community security and maximize view potential.

3) Residential buildings shall emphasize pedestrian access and connections to public sidewalks, paths, recreational facilities, enhanced landscape corridors, and direct paths to commercial areas.

Structures should be configured and oriented to afford a sense of individuality and privacy and to create small-scale public spaces.

4) Structures should be configured and oriented to afford sense of individuality and privacy and to create small-scale public spaces.

5) Residential and non-residential uses shall not have common entrance hallways or common balconies; this ensures the security of residents through the provision of separate and secure entrances and exits.

6) Recreational facilities shall be conveniently and centrally located for the majority of units.

Public Open Spaces and Pedestrian Areas

1) Areas intended for public gathering in mixed use and commercial developments and intended for employees in office and commercial areas shall be designed as “outdoor rooms” or “oases” with appropriately scaled thematic furniture and amenities. These gathering areas should incorporate amenities such as enhanced landscape or hardscape features. These may include outdoor seating areas, trellises, ornamental trees, benches, planters, open space, outdoor dining areas, water features, and other “pedestrian-friendly” elements.

2) Land uses should coordinate their open space requirements to provide larger public spaces that are centrally located, functional, and serve multiple uses.

3) Public spaces should be strategically located along areas of pedestrian activity, such as shopping areas and major pedestrian throughways.

4) Public spaces shall be oriented to maximize their visual and physical link from adjacent streets and pathways.

5) Pedestrian pathways shall provide connectivity within the project by connecting each project to neighboring properties and emphasizing links between different uses.

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6) Pedestrian access shall be provided that links public transportation stops on public street corridors to adjacent building entrances and pedestrian connections to surrounding uses.

7) Safety and visibility shall be considered in the design of both public spaces and pathways for the security of residents and their guests.

8) Pedestrian connections shall be provided between buildings and parking areas.

Parking Areas
1) Building siting and parking design shall maximize opportunities for shared parking, access entries and driveways connecting adjacent sites. Driveway entries should be coordinated with existing or planned median openings and driveways on the opposite side of the roadway.

2) Surface parking areas should be designed with a well landscaped and lighted “parking courts or plazas”, rather than traditional parking fields or lots, with overhead shade canopies from trees or trellises with the optional use of solar panels as shade structure elements.

3) Parking courts and plazas should be designed with a clear hierarchy of circulation, such as: major entry drives with no access to parking spaces; major circulation drives with little or no parking; and parking aisles for direct access to parking spaces. Loading and service areas should be provided with separate access and circulation wherever possible. Pedestrian pathways and handicapped parking “path of travel” lanes shall be provided and clearly marked, and integrated into the overall design.

4) Entrance and exit points for parking courts, plazas and structures should be well marked with streetscape and landscape features, including enhanced paving, landscaping, and architectural features.

5) Entry drives into parking areas should be located as far as practical from street intersections.

6) Parking areas should be clustered where feasible, and large, expansive parking lots shall be minimized to the greatest extent possible. This maximizes security and efficient access.

7) Parking areas shall be located behind or to the side of commercial buildings where possible. No more than 10 percent of the required parking shall be located adjacent to service loading areas within the project.

8) Parking shall be screened from roadways with landscaping, berms, trellises, grade changes, or placement behind buildings.

9) One tree for every four spaces shall be planted within the parking areas. They may be clustered or planted in a standardized fashion, so long as they provide shade for vehicles and pedestrians along walkways and parking lot entrance points.

10) Use of split-level parking structures is encouraged for all uses. Either underground or tuck-under parking is encouraged for mixed-use or residential uses.

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11) The use of “wrap” structures—where the shops, offices, and/or residential units are wrapped around a centralized parking structure—is encouraged where feasible.

12) Parking areas of 100 or more cars should exhibit clear circulation hierarchy, with only ADA parking permitted on the primary access drives.

13) Parking areas shall clearly separate vehicular and pedestrian circulation systems. Pedestrian connections through parking areas should provide landscaping and amenities to create visual interest, pedestrian access, and rest breaks over long distances of pavement.

14) Public parking for commercial or office uses should be clearly separated from private residential parking areas by signage, pavement markings, and/or physical separation.

15) Residential parking areas shall be located as close as possible to residential uses. A space should be no more than 250 feet from the unit it serves.

Traffic-Calming Areas
1) Use of neck-downs, bulb-outs (which can also act as planters), and other traffic calming measures are encouraged along the length of local streets.

2) Minimize the radius of corners where pedestrian walkways cross at intersections.

3) Utilize a variety of special paving treatments to identify and visually enhance intersections and pedestrian crossings.

4) Discourage cut-through vehicular movement to ensure that traffic noise and vibration levels are minimized throughout residential areas.

Service, Trash and Utility Areas
1) Service and utility areas should be incorporated within the building envelope. If this is not possible, these areas shall be oriented away from public view with ornamental screening. Roof- mounted mechanical equipment is highly recommended.

2) Exterior roof-access ladders should be avoided. Access should be provided from within buildings.

3) Exterior on-site facilities, such as sewer, gas, water, electric, telephone, and communications equipment, should be installed underground where feasible. Transformers and other utility equipment that must be aboveground should be screened and incorporated into the adjacent structure or landscape wherever possible. An exception includes equipment that is outside of public view, e.g., within a parking structure.

4) Trash and recycling enclosures should be contained within the building envelope. If this is infeasible, locate them in discreet places and design enclosures to architecturally integrate with the overall design theme of the development. Trash and recycling enclosures should be designed and constructed of concrete masonry units with finishes of similar materials as the project building.

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5) Trash and recycling enclosures should be screened with vines, hedges or shrubs if adjacent to or within a landscaped area. When trash or recycling enclosures are placed in plain view away from other structures (such as in a surface parking lot), they should incorporate decorative roof beams or trellises.

6) Trash and recycling enclosures and loading areas shall be separated from adjacent parking stalls by minimum of 4-foot-wide planters, which shall contain low-growing plant material.

7) Trash and recycling enclosures are to be large enough to contain the refuse generated by that site.

A separate pedestrian access shall be provided to each enclosure so that large gates do not have to be opened.

Reference should be made to Figure 31 on page 97 “Site Design Photos”.

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MSA CONSULTING, INC.
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SECTION 24 SPECIFIC PLAN
SECTION 24
Source: MSA Consulting Inc.

SITE DESIGN PHOTOS
FIGURE 31
PAGE 9712-174

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6.1.3 Building Design
The purpose of the Building Design Guidelines is to ensure a high level of architectural quality and an attention to detail. The Section 24 Specific Plan does not recommend a particular architectural style, but rather recommends consistency in styles throughout the project, and promotes an exceptional style of building design achieved through the creative use of massing, roof forms, and façades. The following guidelines direct the building form, architectural style, design details, and materials.

Architectural Style
1) The overall character of the Section 24 Specific Plan area should be established through complementary architectural styles that are compatible with the surrounding architecture of the existing communities.

2) Visual diversity should be promoted through the use of different, though complementary, architectural styles. For example, different styles may be used to distinguish between residential and commercial buildings.

3) Chosen architectural styles shall incorporate high -quality architectural detail that includes the use of arches, arcades, loggias, towers, variations in building form, and color blocking to define buildings. Franchise architecture is strongly discouraged.

4) All exterior elevations shall receive architectural treatments, with an emphasis on the front façades.

Massing, Scale and Forms
1) Buildings should be divided into distinct massing elements. Building massing addresses wall plane location, wall heights, and roof levels. Façades should be articulated with significant use of architectural elements and details, and repetitive elevations should be avoided by using a variety of building forms.

2) Buildings should contain the traditional “three parts of a building”: a base, mid-section and top.

On low-rise buildings, the different parts may be expressed simply through the detailing at the building base, eave or cornice line. On taller structures, different treatment of the first, middle and top stories should be used to define the three parts.

3) Building design should employ clean, simple geometric forms and coordinated massing to produce an overall sense of unity, scale and interest. Simple, strong massing with varied elements shall be used.

4) Buildings should have a “human scale” and relate to the pedestrian user by incorporating appropriately scaled design elements and details that generate interest and diversity at the street, sidewalk level, and relate the building to the ground plane. Elements that can help reduce appearance of building mass and scale include: awnings, canopies, arbors, arcades, colonnades, trellises and pergolas; stepping stories back above the ground level; color and material changes; and architectural elements such as roof gables.

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5) The scale and mass of new development should be consistent with neighboring developments and not overwhelm them with disproportionate size or incompatible design. Special care should be taken to achieve compatibility next to smaller scale buildings through building articulation and limited size.

6) A variety of building heights and rooflines is encouraged to create visual interest. In residential areas, a combination of one-, one-and-a-half, and two-story unit faces should be utilized to create visual interest.

7) As individual building ground floor elevations step down or up to meet finish grade elevations along any building face, this vertical change in building elevation should be accompanied by a minimum 2- foot horizontal break in building floor plate at the same point as the vertical change in building section (i.e., the building façade should be set back or pushed forward an additional two feet).

8) Building façades should be detailed in a way that makes them appear smaller. This can be achieved by articulating the separate floors with horizontal bands or by increasing the detail on the building at the street or ground level. All buildings should have a visual base that allows the building to appear more human in scale.

9) Allow for visual relief to break up long, blank, unarticulated building façades. There should be no long, flat expanses of walls that exceed 50 feet (100 feet for buildings larger than 50,000 square feet in size) without at least two of the following: color change, material change, texture change, plane projections or recesses, trellises or vines, balconies or windows.

10) Maximum total blank wall (without windows or entrances) shall not exceed 30 percent of the first story wall.

11) Building entryways should be clearly marked and emphasized to invite passing pedestrians and break up building massing. Projecting or recessing building entrances is encouraged. Recessed entries allow the pedestrian space to transition from the sidewalk to the interior of the building.

12) Surface detailing shall not substitute for variation in building massing.

13) Vertical and horizontal articulation, such as strategic placement of window and door openings, or through the use of balconies, awnings, and canopies, should be incorporated into structures.

14) Maximizing daylight, natural ventilation, and outward views is recommended, especially through the use of courtyards, plazas, and atriums.

15) Public plazas, outdoor dining, and other pedestrian oriented activities are encouraged to divide ground level building façades.

16) For residential development, each housing unit shall be individually recognizable, either by varying front setbacks within the same structure or by staggering unit plans. The distinction between units also derives from projecting features such as balconies, porches, bays, and dormers.

17) Residential units shall be configured and oriented to provide privacy and individuality.

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18) Long balconies and corridors that provide internal access to residential units are not permitted.

Design Details
1) Innovation in desert-sensitive architectural design is encouraged. Energy efficiency is encouraged through the use of window overhangs, arcades, solar water heating, advanced heating and cooling systems, or other conservation measures.

2) Design details should be included for each building. These include some combination of:

a) light fixtures
b) balconies on the second or higher floors
c) decorative bulkheads
d) shutters
e) awnings for windows or balconies
f) decorative cornices
g) pedestrian arcades

3) Building design should improve the reality and perception of pedestrian safety and security with elements such as easily identifiable entrances, retail windows, pedestrian-scaled building massing and unique architectural features. Building elements should be designed in a way that enhances the visibility of merchandise and encourages window shopping. Depth and shadow interest should be incorporated with the addition of offsets, pop outs, and overhangs.

4) The exterior building design, including roof style, color materials, architectural form and detailing should achieve design harmony and continuity among all buildings in a complex and on all elevations of each building as well as with the building’s surroundings.

5) Main entries to buildings should be clearly demarcated, and be visible and accessible from the street and pedestrian corridors. Secondary entries may be from parking courts or plazas.

6) Tower features help create the image of a landmark place, and add architectural interest to otherwise standard structures. The scale of tower details should be designed to create a statement, but should not appear imposing to adjacent plazas and walkways.

7) Vines and trellises are encouraged for large expanses of building faces to cool and provide shade for building surface, and soften the wall’s appearance.

Materials and Colors
1) High quality materials that weather well over time, with the appropriate use of colors and textures, should be used for building materials and design elements. Materials should convey a sense of durability and permanence.

2) Only materials that perform well in the desert environment are permitted. Prohibited materials include: plain concrete block, plain concrete, corrugated metal, plywood, sheet pressboard and vinyl siding. The use of highly reflective materials is discouraged.

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3) To avoid monotony, a variety of color schemes is encouraged. However, building color and materials should be complementary throughout the project.

4) Colors should include a base color and accent colors. Generally, a minimum of three colors should be used for each building. Color schemes should be selected with a harmonious range of accent materials and roof profile colors.

Roof Form
1) Breaks should be provided in roofline ridges to create a variety in roof form and elevation appearance.

2) A variety of roof types are permitted and encouraged within the project, including hip, gable, and shed roofs.

3) Roof types should be consistent with the architectural concept and the style, materials, and scale of the building.

4) Roof heights, pitches, and planes should vary to create interplay between the roof and walls of the structure. Varying roof pitches on the same building shall be avoided unless they are integral to the architectural style or extending over porches and balconies.

Mechanical Equipment Screening

1) All exterior mechanical equipment except solar collector panels, whether on roof, side of a structure or on the ground, shall be appropriately screened from public view. Equipment requiring screening includes, but is not limited to, heating, air conditioning and refrigeration equipment, plumbing lines, ductwork and transformers,

2) Mechanical equipment, excluding solar collector panels, shall not be permitted on any exposed portion of a pitched roof.

3) The method of screening shall be architecturally integrated with the primary structure in terms of materials, color, shape and size. Where individual equipment is provided, a continuous screen is desirable. For rooftop equipment, the screening materials shall be at least as high as the equipment being screened.

Reference should be made to Figure 32 on page 102 “Building Design Photos”.

SPECIFIC PLAN Page 101 12-178

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BUILDING DESIGN PHOTOS
FIGURE 32
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6.1.4 Signage Design
Signage identifies places, provides direction, and advertises businesses. Along with communicating information, signage should add to the character of the community and reinforce a sense of place. These guidelines address the general design characteristics that pertain to the major sign systems for the Section 24 Specific Plan. The major systems of signage include: community gateway entrance signs; primary entrance signs, secondary entrance signs, individual project signs and complementary bade signs.

In addition to these guidelines, a sign program shall be required on a project-by-project basis. The sign program will identify the hierarchy of signs with a common theme, and specify the signage location and style. These sign programs shall be consistent and complementary within the Specific Plan area.

General
1) Signs shall consist of high quality materials and color palettes that complement the architecture of the surrounding environment in the Specific Plan.

2) The design of all signage within the project should be consistent in quality of design and implementation and convey the realization of an integrated signage system throughout the community.

3) Externally illuminated signs or backlighting of individual sign letters should be the standard, and internally illuminated signs are discouraged. Digital display signs using Light Emitting diodes (LED) or similar technology to display images may be permitted subject to the approval of a sign program.

5) The use of “pole signs”, roof signs, temporary lettering on windows, and blinking/ flashing signs is prohibited. The use of temporary signs is discouraged.

6) The use of natural stone as a base material for signs is encouraged.

7) The location or placement of signs should not obstruct or hinder pedestrian or vehicular movement.

8) Sign programs should respect the following signage hierarchy:

a) Community Gateway Entrance Signs
b) Primary Entrance Signs
c) Secondary Entrance Signs
d) Individual Project “Main Signs”
e) Complementary “Customer Convenience” Blade Signs

Individual Signage
1) The Community Gateway Entrance Sign shall consist of one (1) monument sign and sculptural/ water/ landscape element located at the southwest corner of the Bob Hope Drive at Ramon Road intersection. This sign could feature an Agua Caliente Band of Cahuilla Indians/ Section 24 logo, but signage for commercial businesses or tenants will not be incorporated into this community SPECIFIC PLAN Page 103 12-180

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gateway entrance sign. The overall maximum height of the Community Gateway Entrance Sign and sculptural element shall be 20 feet, unless otherwise approved by the Tribal Council.

2) Primary Entrance Signs shall consist of three (3) repeated monument signs located at: 1) the northwest corner of the Bob Hope Drive at Dinah Shore Drive intersection; 2) the northeast corner of the Dinah Shore Drive and Los Alamos Road intersection; and 3) the southeast corner of the Ramon Road at Los Alamos Road intersection. Each sign will feature a logo and identification text for the adjacent commercial/ mixed use development or residential neighborhood. Signage for nearby commercial businesses or tenants may not be incorporated into primary entrance signs. The maximum height of Primary Entrance Signs shall be 15 feet, unless otherwise approved by the Tribal Council.

3) Secondary Entrance/ Wayfinding Signs shall be permitted as monument signs at each of the seven (7) other signalized intersections along Ramon Road, Bob Hope Drive, and Dinah Shore Drive which do not include a community gateway entrance sign or primary entrance sign location. Each sign will feature a logo and identification text for the adjacent commercial/ mixed use development or residential neighborhood, and signage for nearby commercial businesses or tenants may be incorporated into secondary project entrance signs as well. The maximum height of Secondary Project Entrance Signs shall be 10 feet, unless otherwise approved by the Tribal Council.

4) Individual Project “Main Signs” shall be single-sided, secured parallel to building facades and have a maximum area of 0.5 square foot of sign face area per linear foot of tenant or business street frontage, up to a maximum total area of 50 square feet per sign face. In instances where a building has the principal entrance on a side façade, that side façade may be counted as street frontage in calculating maximum sign area.

5) Complementary “Customer Convenience” Blade Signs shall be double-sided, secured perpendicular to building facades or single-sided and wall mounted, shall complement a specific Individual Project “Main Sign”, and shall have a maximum size of four square feet per sign face.

The bottom of the blade sign shall have a minimum clearance of 6’-10” above a pedestrian path of travel.

Reference should be made to Figure 33, “Signage Program Location Key Map” and Figure 34, “Signage Design Photos” on the following pages.

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SCALE: 1" = 1000'
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SIGNAGE PROGRAM LOCATION KEY MAP
FIGURE 33
0'1000'
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SIGNAGE DESIGN PHOTOS
FIGURE 34
PAGE 10612-183

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6.1.5 Lighting Design
Lighting design throughout the Section 24 Specific Plan area should highlight design and landscaping features, reinforce the community theme, and help ensure pedestrian and vehicular safety. Well-designed lighting fixtures also establish a level of development quality. This program addresses lighting for roadways, parking areas, and pedestrian areas, as well as architectural and landscape lighting.

General
1) “Dark Sky-Friendly” lighting shall be designed to protect the beauty of the desert sky and shall respect the requirements and guidelines of the Mount Palomar restricted nighttime light zone, as identified in Riverside County Ordinance No. 655. Up-lighting is discouraged except for well- shielded landscape accent lighting. Maximum lamp wattage requirements should be considered for different lighting types to minimize obtrusive and unnecessary lighting and conserve energy resources to the greatest extent possible.

2) Lighting shall be used to provide illumination for the security and safety of on-site areas such as parking, loading, shipping and receiving, building entrances and pedestrian parkways. Consider “Crime Prevention through Environmental Design” (CPTED principles in light fixture placement. Security lighting should be place and directed strategically to limit light pollution and glare.

3) All light fixtures shall be: hooded and directed downward to minimize light and direct glare impacts on neighboring properties and reduce impact on dark skies; directed to illuminate only the areas and elements intended such as paths, entryways and focal elements; shielded to avoid direct views of any unshielded light source from pedestrian or vehicular sight lines; shielded to direct light spillover away from adjacent residential areas with a 100% cut-off capability; and equipped with fixture dimming and cut-off capability as certified by the International Dark Sky Association.

4) Energy-efficient ENERGY STAR certified lighting fixtures and equipment shall be used where possible. Energy-efficient means of lighting, including light sensors, low voltage lighting, fiber optics and solar lighting should be used where applicable. Timers or other controls should be used to assure that lights are on only when needed.

5) Light fixtures should be consistent throughout the Section 24 Specific Plan area, and should be complementary to the architectural styles of the area.

6) Standards and fixtures shall comply with Tribal Building and Safety Code.

7) Exterior lighting should be designed and located so as not to project off-site or onto adjacent uses.

This is especially critical with neighboring residential uses.

8) Outdoor lighting associated with the commercial uses shall not adversely impact the on-site or surrounding residential uses, but shall provide sufficient illumination for access and security purposes.

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9) Automatic timers should be programmed to maximize personal safety at night while conserving energy. They should be reset seasonally to match the flux of dusk and dawn.

Roadway Lighting
Lighting fixtures on roadways contribute greatly to the visual quality of a streetscape and improve vehicular and pedestrian safety.

1) Stylized roadway lighting fixtures shall contribute to the community theme and establish a standard of quality for the entire development.

2) Lighting should be positioned to enhance safety at key points along the roadway, including intersections and crosswalks.

Parking Area Lighting
Lighting for parking areas is crucial to the personal safety of the user, and should be designed at a human scale.

1) Parking area lighting should be designed using many small-scaled lights rather than fewer excessively tall lights. Parking area lighting shall be permitted to be up to 18 feet in height, or up to 25 feet in height with a CUP.

2) Lighting fixtures should be a continuation of the theme of surrounding architectural styles, and be in keeping with the quality of surrounding buildings.

3) Full cut-off luminaires shall be required for parking area lighting.

Pedestrian Area Lighting
It is very important that pedestrian areas, including public spaces and pathways, are well lit for evening and night use to ensure safety of residents and visitors.

1) Lighting in these areas should be scaled for pedestrians and consistent with the surrounding architectural theme.

2) If the lighting product is a lamppost style, the fixture should be not more than 12 feet high.

3) Fully shielded low wattage luminaires should be employed for pedestrian lighting fixtures.

4) Where appropriate, pocket lighting may be incorporated in walls, stairs, or bollards. Low wattage and fully shielded luminaires should be used for pedestrian bollard lighting.

Architectural Lighting
To accent walls, entries, and decorative architectural features, architectural lighting should be included in the design of buildings. Lighting should be used to subtly highlight architectural features, but not as an attempt to advertise the building to passing vehicles.

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1) Architectural lighting should either be incorporated into design features of the building or concealed and flush with building walls.

2) Architectural lighting should not be visible in daylight.

3) Architecturally mounted luminaires shall be low wattage and provide lamp shielding.

Landscape Lighting
Landscape lighting should be used to highlight important landscape features.

1) String lights—nonblinking with white bulbs—may be used to accent trees or trellises within public spaces to create a festive atmosphere at night.

2) Landscape lighting fixtures should be concealed or flush with grade, unless their design plays a role in defining the character of the surrounding space.

Reference should be made to Figure 35 on page 110 “Lighting Design Photos”.

SPECIFIC PLAN Page 109 12-186

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LIGHTING DESIGN PHOTOS
FIGURE 35
PAGE 11012-187

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6.1.6 Wall and Fence Design
The Section 24 Specific Plan area is intended to function as a large, mixed-use project that facilitates a high level of pedestrian connectivity.
1) Generally, if walls, gates, or fences are necessary, they shall not exceed 6 feet in height.

2) Commercial or mixed use developments adjacent to any residential district shall provide a minimum 6-foot high solid wall or equivalent landscape screening along the shared property line(s). In addition, for commercial or mixed use development projects, the maximum height of perimeter walls fronting a street shall be 3 feet.

3) The use of decorative walls to screen parking plazas or courts and services areas, in combination with monument signage and windbreak landscaping, is encouraged.

4) All walls will be designed with a cap. Each side of perimeter walls shall be architecturally treated to be compatible with the building architecture on that side of the wall. Appropriate cap materials include decorative masonry, concrete, stone and brick.

5) Walls, fences, and gates should appear consistent in style and material, complementing the surrounding architectural styles.

6) Walls, fences, and gates should be constructed of high quality, durable materials. No chain-link is permitted within the Section 24 Specific Plan.

7) Landscaping elements should be densely planted and layered to provide screening. Vines and trellises are encouraged to help soften hard edges and screen walls from view.

8) Break up long stretches of walls or fences with landscape screening, wall breaks, vertical piers or columns, or façade detailing.

9) Ground-mounted utility equipment such as, but not limited to, cable television boxes, electric power transformers and distribution facilities, water pumps and telecommunication facilities (not including pole-mounted equipment, shall be screened from view on all sides with landscaping or solid masonry wall or similar permanent structure. The masonry wall or structure shall be of a color and material that complements the primary structure. Screening with wood, chain-link or similar fencing materials is not permitted.

Reference should be made to Figure 36 on page 112 “Wall and Fence Design Photos”.

SPECIFIC PLAN Page 111 12-188

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WALL & FENCE DESIGN PHOTOS
FIGURE 36
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6.1.7 Hardscape Design
Hardscape elements are objects that are decorative and functional elements of the streetscape, aside from landscaping features. Hardscape elements may include paving treatments, benches, chairs, tables, shade structures, bollards, drinking fountains, tree grates, trash receptacles, planters, and bicycle racks. Some combination of these should be used as decorative elements for streetscapes and public spaces.

General
1) Consistent design themes should be used for all the street furnishing elements throughout the project, and should complement surrounding architectural styles.

2) Furnishings should be constructed of high-quality, durable materials that can withstand the elements without showing wear.

3) Furnishings should be placed where pedestrian traffic, viewsheds, or building ingress and egress will not be obstructed.

4) Decorative features that prevent skateboarding along street furnishings should be incorporated within the design of the street furnishings.

Paving Treatments
Distinctive paving treatments give visual clues to users and emphasize different areas within the streetscape and public spaces. Patterned, enriched, or textured paving treatments shall be used to denote important crosswalks, highlight pedestrian pathways and public spaces, and delineate parking areas adjacent to areas of high pedestrian activity. The use of specialized paving materials is encouraged along the major throughways and through public spaces.

1) Even and durable surfaces such as interlocking concrete paving stones or integral color concrete shall be used in high pedestrian circulation areas. Permeable pavers are encouraged.

2) The identification of building access points through the use of patterns and colors is encouraged.

3) Acceptable paving materials for the streetscape and public spaces include interlocking concrete pavers, native stone, precast pavers, and brick. The use of pervious concrete and asphalt paving is encouraged. Due to accessibility concerns, the use of stained or stamped concrete should be discouraged, unless highly decorative and creative in nature.

4) Painted paving surfaces should not be used except to indicate traffic lanes or parking spaces.

Seating Areas
1) Benches should be placed at selected locations along major throughways and focused around public spaces to promote pedestrian activity.

2) Seating areas adjacent to landscaping and public spaces invite people to enjoy the amenities provided. Moveable furniture should be provided to permit for a greater variety of seating arrangements and encourage use by individuals or groups.

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3) Planters that also function as seating areas should be provided.

4) Trellises, umbrellas, gazebos, and other forms of shade structures are encouraged along the major throughways and public spaces within the Specific Plan area.

5) Market umbrellas and awnings are encouraged, as they provide shade, soften hard building edges, and add color to the sidewalk area in front of shops and restaurants.

Water Features and Public Art
Water features and public art are streetscape elements that may be used to highlight public spaces and focal points along the streetscape. These components add an interesting characteristic to public spaces, and may be used as decorative features or interactive elements. Proposed water feature shall be compatible in design with the overall goal of water conservation.

1) Water features and public art pieces should be located along view sheds as accent features for public spaces and areas of high pedestrian activity.

2) These streetscape elements should not be placed where pedestrian traffic or building ingress and egress would be obstructed.

3) Water features and public art shall be well maintained to preserve their quality and appearance.

Miscellaneous Hardscape Elements
1) Bollards should be located at intersections of local internal access streets and external periphery streets and thoroughfares, and in combination with handicapped/wheelchair access ramps, in order to protect pedestrians from vehicular traffic that might inadvertently try to access sidewalk areas via ramp sections along the street edge.

2) Bollards should be placed a maximum of four feet on center in order to prevent vehicular access, and chain loops between bollards should be avoided in order to minimize pedestrian hazards.

3) Bollards should be fabricated and finished to match surrounding street furnishing elements.

4) Bicycle racks shall be provided at convenient locations throughout the Specific Plan area.

5) Tree grates should be uniform in size according to the tree hierarchy established in the landscape plan. For example, major trees along the primary throughways should share similarly sized tree grates, while trees clustered around a separate public space may share a different set of consistently sized tree grates.

6) Trash receptacles should be located on at least one corner of all internal street intersections.

7) Additional trash receptacles should be adjacent to outdoor dining and parking areas.

Reference should be made to Figure 37 on page 115 “Hardscape Design Photos”.

SPECIFIC PLAN Page 114 12-191

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HARDSCAPE DESIGN PHOTOS
FIGURE 37
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6.1.8 Landscape Design

1) Landscaping shall consist primarily of plant materials and species that are native, drought tolerant and/or have low water demand. Plants with similar water requirements should be grouped together, a technique known as hydro zoning.

2) Automated, high-efficiency irrigation systems (such as bubbler irrigation and low-angle, low- flow spray heads) shall be installed to reduce water demand and use. Moisture sensors and other similar irrigation technology shall be utilized to ensure that landscaping is watered only as needed.

3) Grey and recycled water infrastructure should be integrated in the landscape design so that grey water, recycled water and/or collected rainwater can be used wherever feasible for landscape irrigation.

4) Where feasible, drought-tolerant or native canopy or deciduous tree species shall be located around and near buildings, walls, windows, and paved areas to reduce solar heat absorbed by buildings and paved areas.

5) A combination of large and small trees and shrubs should be installed to mitigate the effects of blowsand conditions and allow for sand filtration, particularly along the perimeter of the Specific Plan boundary. Non-vegetative groundcover should also be wind resistant and allow for sand filtration such as 3/8-inch cobblestone. Care should be taken to design the site so that the sand collection areas (on the windward side of the vegetative screen) are in spaces that are appropriate and easily maintained.

6) Prior to and during site construction, measures shall be taken to stabilize the sand and soil to minimize blowsand.

7) Buildings are strongly encouraged to incorporate green screen elements along otherwise blank walls and similar opportunity locations. These include: a) wall-mounted trellis panels; b) freestanding trellis fence; c) column trellis elements; d) above ground planters; and e) horizontal shade structures. In addition to aesthetic and environmental control values, these elements are also useful for security and graffiti control purposes. Such elements can be particularly useful on walls in areas that transition from a residential to a non-residential use.

Reference should be made to Figure 38 on page 117 “Landscape Design Photos”.

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6.2 SINGLE FAMILY RESIDENTIAL

6.2.1 Site Design
The Active Adult Community is designed as a series of individual neighborhoods. Each neighborhood cluster will contain very similar lot sizes. Lot sizes will range from 3,000 to 10,000 square feet.

Appropriate site planning guidelines as discussed below should be used in order to ensure functional and aesthetic development. The application of these guidelines should be used in order to achieve a high quality consistency in design theme. Site planning guidelines are as follows:
1) Residential dwelling units may vary setbacks and/ or architectural features to create visual interest along the street frontage.
2) Landscaping shall occur at the project entries as illustrated to identify the points of entry and set the tone for the project development.
3) Golf cart, bicycle and pedestrian paths shall be incorporated into the overall design linking the adjoining open space areas to the rest of Section 24 and nearby regional trails. 4) Entry gates will be provided off of Dinah Shore Drive and Los Alamos Road. The entry features will consist of a gated entrance, wall signage, raised landscape medians, and enhanced hardscape and desert landscaping.
5) Residential driveways shall not be permitted on the central boulevard through the Active Adult Community.
6) Exterior and interior site walls shall complement the architectural theme of the project. Wood fencing and chain link fencing shall not be permitted.

Reference should be made to Figure 39 on page 119 “Site Design Photos”.

SPECIFIC PLAN Page 118 12-195

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SITE DESIGN PHOTOS
FIGURE 39
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6.2.2 Residential Design
Architectural Concept
The overall architectural theme governing the development of the Active Adult Community is founded upon a high level of architectural quality and sensitive attention to detail combined with currently available materials appropriate for use in the local desert environment based on durability and building code industry standards. A particular “style” of architecture is not recommended, but rather a selected variety of contemporary architectural interpretations of desert design influences is suggested within a varied neighborhood setting.

Common area buildings will have massing reflective of the well-grounded, strongly profiled building forms, which include strong horizontal fascia with tiled roofs. Areas of parapet will be acceptable when combined with tiled roof forms. The use of deeply recessed and shaded windows and doors is strongly encouraged for its passive protection from solar heat gain. Deep overhangs and trellis elements are encouraged.

The building exterior finish materials palette should include stucco finished in a fine to medium sand or dash texture, accent wall tiles of a variety of color and pattern, wrought iron hardware and light fixtures, steel or aluminum sash with divided panes of glazing, and metal clad finish.

Building colors should include examples which are historically appropriate to the region and should include: off-white, light beiges, tans and light mauves as stucco colors; with muted greens, blues and browns as a basic trim colors. Roof tile should favor reds, orange reds and gold browns, and the patterns/ colors should vary to some degree between buildings within a particular neighborhood.

Roof tiles may be one or two piece in detail and may be chinked or un-grouted.

Use of stone, tile or masonry base elements exposed as a wainscot is acceptable. These same materials may be used for columns. Masonry may be laid in staggered, rough alignment with heavy mortar wash if so desired. Concrete masonry units, if used in exposed detail, must have integral color consistent with red, brown or orange adobes.

The following standards and guidelines shall be followed to achieve the overall architectural design theme.

Building Mass, Form and Scale
Residential buildings within the Active Adult Community shall be single story structures and include single story elements and, as a general rule, should be designed with massing consistent with historic desert residential precedents, including recessed and prominent projected elements. The apparent mass of buildings should be reduced through the application of one or more of the following techniques:
1) Utilize projections and recesses to provide shadow and relief at exterior walls and roof areas.

2) Use simple roof forms; provide interest by jogging the rooflines, varying plate lines and roof heights.

3) Maintain a strong indoor/ outdoor relationship by including well-shaded and insulated window and door openings in order to accent exterior wall surfaces as well as to capture views and vistas.

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4) Windows and doors may be recessed to provide depth. Accent trim and color, divided window lights, and raised panels are examples of detailing that provide individuality and interest.

Awnings are permitted if they are consistent with the overall architectural style of the building.

Metal awnings are prohibited.

5) Garage doors are a major visual element. Because garages are a major element in most structures, garage doors shall be fully integrated into design of the architecture and they should be simple in design and recessed from adjacent walls. Applied decoration should be minimized, but accent colors are encouraged to complement the architecture and to provide visual variety along streetscapes.

6) Walls and fencing are discussed in Section 6.1.6; however, private walls and fencing should be consistent with community wall themes and compatible with the architectural style of the buildings. Foreground plantings, vines, and espaliers are strongly encouraged to soften long stretches of walls and fencing.

7) Mechanical equipment such as air conditioning and pool equipment, soft water tanks, gas meters and electric meters shall be screened from public view but accessible for meter reading.

8) Gutters and down spouts may be concealed or, if exposed, designed as a continuous architectural feature painted to match or contrast with the adjacent building surface. All flashing, sheet metal, vent stacks and pipes shall be painted to match the adjacent building surface. Skylights should be designed as an integral part of the roof. Their location and color should relate to the building.

9) Patio trellises, pergolas and other exterior structures are encouraged to soften building masses, provide shade and define spaces. As with main buildings, clean forms are encouraged utilizing materials and colors complementary to building architecture and project design themes.

10) Accessory structures shall be architecturally compatible with the primary structure.

Building Materials and Colors
Building materials and colors shall complement the natural, climatic, and built environment of the Active Adult Community. All materials shall be durable and require little maintenance. Large expanses of flat, windowless wall planes that are not articulated by materials or color are discouraged.

Use of widely varying and contrasting materials should be limited. Contrasting materials may be employed in areas in which special emphasis is desired such as building entrances and patios.

Masonry and brick may be used to provide vertical and horizontal accents (e.g., chimneys, architectural banding) on buildings.

Paints and stain colors shall be subdued and limited to primarily light-to-medium earth tones, including off-white, light beiges, tans, light mauves and soft pastels combined with selected contemporary accent colors such as muted greens, blues and browns as basic trim colors for moldings, doors, window frames, fascias, awnings, shutters, cornices, and accent trim. Contrasting materials, textures, and colors may be used to add emphasis to entry areas and significant architectural features. Roof tile should favor a varying range of reds, orange reds and gold browns.

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SPECIFIC PLAN Page 122

Acceptable Building Materials. Acceptable building materials include, but are not limited to, the following:
1) Wrought iron or tubular steel fencing and accents;
2) Concrete, including tinted and stamped concrete;
3) Split face and slump stone concrete block, integral color; 4) Stucco or plaster finish;
5) Stucco covered block, including walls;
6) Rock and stone;
7) Brick and used brick, in natural browns, tans, beiges and subdued shades of red; and 8) Mission tile roofing and other types of clay/ concrete roofing tile.

Discouraged Materials. The following list includes building materials that are discouraged but not strictly prohibited for use:
1) Blue or green tiled roofs;
2) Brightly painted steel roofs, excepting painted steel accent trim, which is permitted; 3) Copper and galvanized metal;
4) Fiberglass; and
5) Composition roof materials.

Roofs
Roofs should serve as major structural and architectural design elements, and a variety of roof types and colors are permitted and encouraged. Roofs shall reflect the selected product type architectural concept and respond to the style, materials and scale of the building. Roof overhangs are encouraged; they provide essential shade and are also aesthetically pleasing. Skylights may be installed provided that they are designed as an integral part of the roof form. 1) A variety of roof type is encouraged, including hip roofs, gable roofs and shed roofs. Roof pitches of 3:12 to 5:12 are permitted.
2) Roof heights and planes should vary to create interplay between the roof and the walls of the structure.
3) Acceptable roofing materials include, but are not limited to, clay, tile, and concrete tile. 4) Unacceptable roofing materials include wood shakes and shingles.

Chimneys
Chimneys should act as major vertical elements in the architecture. Caps on chimneys shall have low profiles; they should not be visually distractive. The form and materials shall reflect the architectural theme.

Doors and Windows
By varying the spacing, sizes, shapes and locations of door and window openings in building facades, structures may be made more visually interesting and attractive. However, care must be taken to avoid too much variety or the end result will be a chaotic, cluttered building facade. It is especially important to vary the placement of doors and windows on buildings located in close proximity to each 12-199

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other in the same development. In addition, windows and doors may be recessed into or projected out of structures to emphasize important areas of the building.

To further enhance the individual identity of each structure, pot shelves, window boxes, and built-in planters may be utilized. However, all such containers must be easily accessible for plant maintenance. Window frames, mullions, and doorframes shall be color coordinated with the rest of the building. Decorative wrought iron grills on windows may be used. Doors may be somewhat ornate and include inset panels, carvings, and windowpanes.

Garages
Garage setbacks may be varied in order to enhance the streetscape scene. Garages shall be constructed of materials compatible with the architectural style of the structures.

Porches, Arcades and Entryways
Entrances to buildings shall be clear and easily recognizable. Covered entrances, porches, and arcades are desirable because they serve to identify entrances and provide shelter from the sun and inclement weather. A protected entrance is not only functional, but also produces a sense of privacy. Front entrances should be designed as significant architectural features. Porches and entryways may be used to visually break up large, monolithic buildings into smaller units more in keeping with the desired human scale of the Active Adult Community. Porches may be constructed of stucco, stone, brick, and other similar materials. Wrought iron and tubular steel railings are acceptable.

Mailboxes
Where common mailbox services are provided for any residential area, they shall be located close to the neighborhood entry in clusters throughout the neighborhood. The architectural character shall be similar to the residential architecture.

Reference should be made to Figure 40 on page 124 “Residential Design Photos”.

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RESIDENTIAL DESIGN PHOTOS
FIGURE 40
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6.2.3 Non-Residential Design The architecture of the non-residential structures will be consistent with the residential structures with sensitive consideration of the development's theme. The project will provide diversity in design through considerable attention to architectural character. Architectural diversity should be created by manipulating building materials, colors, and textures, in conjunction with architectural features (e.g., roofs, windows, doors, fascias, trim) rather than by designing buildings that vary greatly in architectural styles. All architecture shall enhance and enrich the community theme.

The architectural floor plans, elevations, and conceptual site plans for the recreation center, sales center, and main entry guard house and other non-residential structures within the Active Adult Community shall be subject to design review by the Tribal Council prior to the construction of said structures.

Architectural Concept
The architecture of the non-residential structures within the Active Adult Community is to be both distinctive and compatible with the design influences of the local desert environment, complementing the elegant setting of this unique community. Architecture should reinforce the cohesive visual identity of the community, supporting a unique sense of place, permanence and integrity. Details such as shaped stuccoed eaves, deep-set doors and windows address the southwest climate appropriately.

Vertical elements such as towers and cupolas will be used to establish a focal point for groupings of buildings within a given area of development. Structures will feature finishes such as barrel tiled roofs and hand-troweled stuccoed walls. Color accents can be found with window shutters and wrought iron or tubular steel details, supporting the overall architectural character.

Non-residential buildings will be predominately one-story structures and may have a central tower form. Building configurations will incorporate jogs and offsets between interior functions as a planning element. This will serve to reduce overall scale by eliminating large uninterrupted surfaces and by providing opportunity for creative mixing of roof forms and façade variations.

Reference should be made to Figure 41 on page 126 “Non-Residential Design Photos”.

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NON-RESIDENTIAL DESIGN PHOTOS
FIGURE 41
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6.2.4 Signage Design
The purpose of the signage element is to provide guidelines that assure quality signage for the Active Adult Community. It is essential that the signage throughout the community be coordinated and compatible in terms of materials, lettering style, graphics, and design character. The following Sign Guidelines shall apply to all areas within the Active Adult Community of this Specific Plan. 1) Entry Monument Signs identifying the project shall be the responsibility of the developer and shall be located at the major entry to the project site.

2) Sign illumination shall not interfere or distract from adjacent properties and street traffic, and light sources shall be directed in a manner to prevent glare from being seen by passing traffic.

3) All signs located on private property shall be maintained by the owner(s) of the signs.

4) Street signs, traffic control signs, pedestrian and information signs or similar signs shall be maintained by the City of Rancho Mirage/Riverside County when located in public streets and shall be maintained by the Homeowners’ Association (HOA) when located on private streets within the project boundary.

5) Signs shall be designed and placed so as not to obstruct the line of sight of pedestrians, bicyclists, or drivers.

6) Monument signs may be placed in building (landscape) setback areas.

7) Sign structures, supports, electrical fittings, and hardware shall be concealed or integrated into the signage design. Architectural screening surrounding sign posts shall not be calculated as part of the sign face area.

8) All regulatory signs for traffic control shall conform to applicable city, county and state regulations.

Reference should be made to Figure 42 on page 128 “Signage Design Photos”.

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SIGNAGE DESIGN PHOTOS
FIGURE 42
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6.2.5 Lighting Design
Public Street Lighting
Street lighting of Dinah Shore Drive and Los Alamos Road shall be provided within their respective public rights-of-way located directly adjacent to the project, per city/ county standards.

Private Street Lighting
Street lights with dual mast arms will be provided in the center median of the main internal Active Adult Community Boulevard, spaced at approximately 225 feet on center. Street lights with single mast arms will be provided at various local and collector street intersections throughout the project at the discretion of the developer. All street lights will be shielded or provided with cutoff lenses in order to be dark sky compliant. (Also refer to “Lighting Design” on page 107 of this Specific Plan.) Supplementary street lighting of the local streets will be provided by means of two photocell can- lights mounted on the exterior of each house throughout the development. Each house will also be provided with illuminated address markers.

Landscape Lighting
Landscape accent lighting will be used for signage lighting, accent-up lighting, and washing of walls to illuminate vines or espaliers. Fixtures will be commercial grade 120 volts or D/C of comparable aesthetic and illumination characteristics. Color of fixtures will blend into the desert environment.

Reference should be made to Figure 43 on page 130 “Lighting Design Photos”.

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LIGHTING DESIGN PHOTOS
FIGURE 43
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6.2.6 Wall and Fence Design
Community Walls
Walls are a major component in achieving an overall community theme within the Active Adult Community. Wall and fence materials will be designed to be compatible with adjacent architectural and landscape elements. A strong cohesive appearance is achieved through the use of a community wall design that is compatible with the community buildings’ architectural theme.

Perimeter and Community Walls
This project will be a gated community with a perimeter community wall that provides privacy. A solid decorative wall will be used at the perimeter of the project as well as inside the project adjacent to major streets and landscape areas. Tubular steel fencing may be constructed at the perimeter of the project in place of the solid decorative wall where such fences are adjacent to open space or where necessary for drainage purposes.

Open Space Walls
Where view opportunities are adjacent to open space areas, a small stub wall will be used. Wrought iron or tubular steel fencing may be installed on top of this wall at the option of the individual owners, provided the overall height does not exceed 6 feet.

Interior Walls for Single Family Lots

Interior side and rear walls constructed around individual single-family lots will consist of masonry block, or low maintenance tubular steel fencing, with a minimum height of 5 feet above the finish floor elevation of the home. Interior rear walls located adjacent to an open space corridor will be a maximum of 3’ high, measured from the highest finish grade. Interior side walls shall be painted masonry block where they can be viewed from the open space areas.

Special Wall and Fence Requirements
1) Walls may be used in association with common area buildings, such as maintenance facilities, for the purpose of sound abatement and visual screening of maintenance activities within the maintenance yard. Walls of up to 8 feet in height will be permitted for their value in isolating maintenance activities from the balance of the community. Additionally, walls of up to 8 feet in height are also permitted in order to screen food service areas and trash enclosures from the balance of the community and where appreciation of the common area amenities would suffer due to the lack of such walls.
2) Fences and walls shall not exceed 8 feet in height above the highest adjacent grade, except when used on top of a berm where the maximum wall height will be 6’. The total height shall not exceed 8 feet above the lowest adjacent grade.
3) Privacy walls surrounding residences should be a minimum of 5 feet in height. 4) Fences and screen walls (not including retaining walls or court yard walls) shall not be located within the front yard area of a residential lot.

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5) All fences and walls connecting two separate residential dwelling units shall be constructed of the same material and color and shall be compatible with the color of the architecture. 6) Barbed wire, electrically charged fences, plain exposed precision concrete block, plastic materials, corrugated metal, chain link and grape stake fencing are prohibited. 7) Retaining walls and court yard walls located in the front yard setback area of single family lots shall be limited to 4 feet in height.

Reference should be made to Figure 44 on page 133 “Wall and Fence Design Photos”.

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WALL & FENCE DESIGN PHOTOS
FIGURE 44
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6.2.7 Landscape Design
Landscape Architectural Theme
The landscape architectural theme for the Active Adult Community will play an important role in creating a community identity as well as continuity throughout the project as it develops. The landscape architectural design for this project will reflect a “desertscape” theme with supplemental landscaping, while providing a commitment to water conservation and low maintenance. This can be accomplished with the selection and proper layout of “water efficient” plant materials and a state-of- the-art irrigation system.

It is the intent of these guidelines to provide flexibility and diversity in plant material selection, while maintaining a limited pallete in order to give greater unity and thematic identity to the community.

The landscape materials listed in the Active Adult Community Plant Palette have been selected for their appropriateness to the project theme, climatic conditions, soil conditions and concern for maintenance. Plant material selection will include annual color, flowering ground covers, turf, palm trees, and evergreen trees. Flowering vines and espaliers will be used throughout the project.

Project Entries and Perimeter Landscaping
The main entry gate will be provided at Dinah Shore Drive, with the secondary entry at Los Alamos Road. The gates themselves will be automatically activated by a security system. Decorative wrought iron gates will be provided at both entries. The gates will be hung on masonry pilasters in keeping with the overall architectural theme.

The main entry gate at Dinah Shore Drive will establish the initial theme and identification of the overall Active Adult Community. This entry will include a guard house and a planted median with landscaping and community entry water feature. Decorative monument signage will be placed on the entry walls at each corner. The community water feature and wall signs, as well as selected accent trees will be lighted. The median will be planted with shrubs, flowering ground cover and seasonal annual color. Other features may include landscaped berms, enhanced paving, accent trees and shrubs.

The secondary entry gate at Los Alamos Road will be provided with transponder-activated gates that will provide access for Active Adult Community residents only. Enhanced landscaping will be provided at this entry consistent with the overall community theme. Other features may include landscaped berms, decorative paving, accent trees and shrubs and a signature monument sign.

Perimeter Street Landscaping
The expansive Active Adult Community landscape setback along Dinah Shore Drive and Los Alamos Road will reflect a drought tolerant, natural dry concept that will fit into the low desert environment.

Plant material selection will consist of primarily desert evergreen flowering trees with palm tree accents, flowering shrubs, groundcovers and vines. Planting will be random and free flowing.

Site walls will be adorned with bougainvillea and other flowering vines and espaliers trained to the six-foot high masonry site wall. This planting concept, combined with the site wall, will create a layered landscape buffer along Dinah Shore Drive and Los Alamos Road.

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Decorative crushed rock will be used as a continuous inert groundcover along with river rock used as accents.

Private Arterial and Collector Street Landscaping
Extensive landscaping will be provided for the private arterial streets within the project. Active Adult Community private streets sections are illustrated in Figures 14 and 15 located on pages 32 and 33 of this Section 24 Specific Plan. The landscaping for these streets is depicted in Figure 45 within this section of the Design Guidelines.

Landscape Development Standards
1) Detailed landscape planting, irrigation, and construction plans will be required for all project entries, as well as Dinah Shore Drive and Los Alamos Road perimeters.

2) A licensed Landscape Architect shall prepare the landscape plans.

3) All common areas of the project not occupied by other improvements shall be planted with trees, shrubs, and living and/or inert groundcover.

4) Inert groundcover shall include regionally available decomposed granite accents.

5) Vines and espaliers will be used on wall surface as screens and accents.

6) All street trees along Dinah Shore Drive and Los Alamos Road will be a minimum 24” box size.

7) Thirty-six inch (36”) box size trees shall be used at community entries as accents.

8) California Fan palms shall be incorporated at the main entries at Dinah Shore Drive and Los Alamos Road.

9) Xeriscape planting principles will be used to encourage planting of indigenous plants to the region and drought tolerant plant material from similar regions.

10) All irrigation systems will employ water conservation methods including fully automatic systems.

11) All shrub areas are to be drip or LG bubbler and lawn areas are to utilize low GPM spray or rotor heads.

12) Accent lighting will be used to highlight signage and highlight trees and entries.

13) All areas required to be landscaped shall be planted with groundcover, shrub or tree materials selected from the plant palette contained in these guidelines. Turf areas will be limited to recreational areas and will not be used for aesthetic groundcover.

14) For landscape on slope areas, planting shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid establishment of the slopes for long-term coverage.

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15) Landscaping of slopes will be provided per the recommendation of a professional soils engineer.

Single Family Residential Landscape Guidelines
It shall be the responsibility of the Developer to install front yard landscaping. It will be the responsibility of individual homeowners to install landscaping for the entire rear lot within a period of 90 days from the close of escrow. The lot owners will submit landscaping plans for review by the master homeowners association within 30 days after the close of escrow. All individual lot landscaping will comply with the following minimum landscape guidelines, which at the discretion of the homeowner’s association, can be increased or made more stringent:
1) The use of native or compatible drought tolerant species is strongly encouraged for all yard landscaping. Plants that consume higher amounts of water should be used sparingly and should be grouped together for efficient and proper irrigation.

2) All landscape plantings will be maintained by a fully automatic underground watering system.

The watering system valves will be brass and not plastic. The irrigation system must be equipped with an upstream pressure regulator. The drip system should also have a filter.

3) The following plants will not be allowed in the Active Adult Community:

Common Name Botanical Name
Mulberry Morus alba
Olive/fruit Olea europaea
Tamarisk Tamarix
Italian Cyprus Cupressus sempervirens
Fountain Grass Pennisetum setaceum
4) Front yards shall be provided with a minimum of one tree and a minimum of one shrub or plant for each 200 square feet, or fraction thereof, of the overall lot area. No less than one-half of the minimum amounts of required shrubs or plants are to be located in the front yard. No less than one-quarter of the minimum amounts of required shrubs or plants are to be located by the home owner in the rear yard. All shrubs or plants must be at least a five-gallon container size. Trees will be no smaller than fifteen-gallon container size. Ground cover will be required in all yards.

Corner lots will be provided with two trees in the front yard and two trees on the side yard facing the street.

5) The ground surfaces of all yards will be covered with inert or living materials or any combination of both. For the purpose of these Design Guidelines, top soil or decomposed granite (fines) will not be considered inert material. No artificially colored rock will be permitted as ground cover.

Ground cover or inert material will not be used to spell out names, nicknames, names of states, city's athletic teams, slogan states, emblems or any other communication.

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6) If turf is used, common Bermuda grass will not be allowed. There are several hybrid Bermudas available from which to choose. No more than 20% of the total square footage of the lot as described in the recorded tract map may be planted in turf, and only in the rear yard. Narrow or irregular shaped areas should be avoided because they are difficult to irrigate without encountering over-spray problems. Warm season grass such as hybrid Bermuda that goes dormant in winter will be over seeded with Winter Rye at the beginning of the fall season in order to maintain a consistent appearance. Perennial Rye seed is recommended. Owners may install turf that abuts a patio edge provided that such turf is not within four (4) feet from dwelling unit, and two (2) feet from side and rear property lines or any wall. Where turf is adjacent to sidewalks, designs shall eliminate over-spray of the hardscape.

7) The use of solid plastic sheeting or polyethylene over ground areas will not be permitted. If landscape fabric is used, it must allow the free flow of water, air, and gases to and from the soil.

8) Fountains will be limited in height to 5 feet above the natural grade of the lot unless otherwise approved by the master homeowner’s association. They will be of natural materials compatible with the overall architectural theme of the Active Adult Community. Fountains will be permitted in the front yards, street side yards, rear yards, and courtyards of all residential homes. Waterfall features, including waterfall spills for pools or spas, when constructed in the front, side or rear yards, are limited to a maximum of 36 inches in height above the finished floor elevation of the lot. Waterfalls constructed in rear yards enclosed by 5 foot walls or higher can exceed this maximum height as long as they cannot be seen from common areas or neighboring lots.

9) Statues and artifacts will not be allowed in the front yard with the exception of temporary statues, artifacts and other holiday decorative landscaping items which may be allowed within a reasonable period of time prior to and after the holiday season. In front enclosed courtyards, artifacts will be allowed with prior approval of the homeowner’s association, as long as they are limited to 5 feet in height. Also with prior approval of the homeowner’s association for placement, statues and artifacts are allowed in the back yards of green belt lots as long as they do not exceed 36 inches in height measured from the finish floor elevation to the top of the statue or artifact.

Drought Tolerance
Drought tolerant plant materials require proper care, installation, watering and maintenance to maximize their drought tolerance capabilities.
1) There are degrees of drought tolerance with some plants able to survive without water for a greater period of time than others.

2) Drought tolerant plants like other plant material require more water during the initial installation period and at least a three-month maintenance period to become established. In addition, if drought tolerant plants are installed in the warmer months, more supplemental water will be required until the plant is established.

3) Although a plant is labeled drought tolerant that does not necessarily mean it is able to survive without summer water. It does mean that the plant has minimal low water requirements.

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Depending upon the plant, drought tolerant plants will look better, thrive and survive the warmer months with infrequent, monthly, deep watering.

4) After drought tolerant plants have grown a full season, the water application rate should be diminished and the drought tolerant plant allowed to survive on less water.

5) Drought tolerant and California native plants still need regular maintenance such as pruning, fertilizing, deep watering, and checking for pests and diseases.

Planting Time
Due to the climate extremes of the area, the installation of plant materials during the hottest summer/fall months (June through September) can be difficult. Container plant materials not acclimated to the area can easily suffer from damage or sun/heat exposure resulting in partial or entire foliage loss even though such materials are perfectly suited to the temperature ranges once established. If planting must be done during these hottest periods, plant establishment may be difficult and require a prolonged period of time.

Climate Constraints
Plant material palettes contained herein are compatible with the climatic setting of the area. The utilization of some materials, depending upon their site location, exposure and relationship to other influential factors, may not be appropriate.

Irrigation Standards
1) The irrigation design will primarily utilize the efficient drip system with standard spray heads used only in lawn and annual color areas. The use of water applied only to the plant roots will not only minimize the use of water, but will also greatly reduce the amount of shrub bed weeding associated with the random scattering of spray systems.

2) Proper consideration of irrigation system design and installation in the climate extremes of the area is critical to the success of the landscape investment. In particular, the combined summer elements of heat and wind must be carefully considered in proper irrigation design and equipment selection.

3) Irrigation backflow prevention devices and controllers shall be located with minimum public visibility or shall be screened with appropriate plant materials.

Landscape Lighting
Landscape accent lighting will used for signage lighting, accent-up lighting, and washing of walls to illuminate vines or espaliers. Fixtures will be commercial grade 120 voltage or comparable D/C units. Color of fixtures will blend into the desert environment.

Reference should be made to Figure 45 on page 139 “Landscape Design Photos” and to Table 3: “Site Development Plant Palette” on pages 49 and 50 of this Specific Plan.

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LANDSCAPE DESIGN PHOTOS
FIGURE 45
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CHAPTER 7: IMPLEMENTATION

7.1 GENERAL ADMINSTRATION
The Section 24 Specific Plan and its provisions shall be implemented as the Zoning Regulations for the Specific Plan area. In the event of a conflict between the provisions of the Section 24 Specific Plan and the provisions identified in the Agua Caliente Band of Cahuilla Indians Land Use Ordinance, the Specific Plan shall prevail. If the Specific Plan is silent regarding any development standard or process, the provisions identified in the Land Use Ordinance shall prevail.

7.1.1 Interpretation

In case of uncertainty or ambiguity to the meaning or intent of any provision of this Specific Plan, the Chief Planning and Development Officer (CPDO) has the authority to interpret the intent of the provision.

The CPDO may, at his/her discretion, refer interpretations to the Indian Planning Commission for consideration and recommendation to Tribal Council, which body’s interpretation shall be final. Such a referral shall be accompanied by a written analysis of issues related to the interpretation. All interpretations made by the CPDO may be appealed to the Tribal Council in accordance with the appeal procedures set forth in the Land Use Ordinance.

7.1.2 Severability
If any section, subsection, sentence, clause, or phrase of this Specific Plan, or future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court, such decision shall not affect the validity of the remaining portions of the plan.

7.1.3 Approval Authority

The responsibilities of the Chief Planning and Development Officer shall include administering, interpreting, and enforcing all requirements and standards of the Section 24 Specific Plan, including the acceptance and processing of all land use permit applications. The CPDO or designated representative may approve, conditionally approve, or deny minor development plan permits that meet the requirements of this Specific Plan and requests for minor variances of Specific Plan standards consistent with his/ her authority granted under the Land Use Ordinance. The Tribal Council holds final approval authority for and enforcement of building permits, certificates of occupancy, sign permits, and temporary use permits.

The Indian Planning Commission may recommend approval, conditional approval, or denial of conditional use permits, applications for variances, specific plan amendments, and appeals to the Tribal Council. The Tribal Council may approve, conditionally approve, or deny conditional use permits, applications for variances, specific plan amendments, and appeals to Planning Commission actions.

7.1.4 Amendments to the Specific Plan

Approval of this Specific Plan indicates acceptance by the Tribal Council of a general framework for community development. Part of that framework establishes specific development regulations that constitute the Zoning Regulations for the Section 24 Specific Plan. It is anticipated that certain modifications to the Specific Plan text, exhibits, and/or project may be necessary during the development SPECIFIC PLAN Page 140 12-217

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of the Specific Plan area. Any modifications of the Specific Plan shall occur in accordance with the processes to be prescribed by the Land Use Ordinance. In all cases, Specific Plan Amendments must be found to be in conformance with the objectives and intent of the Section 24 Specific Plan.

Amendments to the Section 24 Specific Plan may be requested at any time pursuant to the procedures identified in the Tribal Land Use Ordinance. Depending on the nature of the proposed Specific Plan Amendment, a supplemental environmental analysis may be required under the provisions of the Tribal Environmental Policy Act (TEPA), as determined by the Tribal Council.

7.2 REVIEW AND APPROVAL PROCESS

7.2.1 Pre-Application Conference
A pre-application conference with the Tribal Planning and Development Department should be held before a proposed project is submitted and accepted for processing, as identified in Article X of the Agua Caliente Land Use Ordinance. Pre-application conferences are recommended before the submittal of any land use permit application.

7.2.2 Design Review

All applications for a Development Permit, Conditional Use Permit or Variance shall be subject to a Design Review meeting with the Tribal Planning and Development Department. Because the successful implementation of the Section 24 Specific Plan is dependent on the careful planning and synergistic relationship of the uses permitted in the Specific Plan area, it will be extremely important to ensure that all new development is thoughtfully integrated into existing or proposed development within each planning area and between adjacent planning areas.

In particular, the internal circulation and open space systems are integral to the efficient use and interconnectivity of properties within the Specific Plan area. It is likely that the location and design of internal roadways and open space features in each Planning Area will be influenced by the first property owner to submit a proposed development each Planning Area. The Tribal Planning and Development Department will therefore require an applicant to submit concept plans that illustrate open space and circulation systems for pedestrians, bicyclists, golf carts, neighborhood electric vehicles (NEV’s) and other vehicles within the Planning Area, even on properties that are not owned or being developed by the applicant.

The Tribal Council recognizes that any such plans will be conceptual in nature and will not bind a particular property or property owner to a specific site design. The intent is to gain a comprehensive understanding of potential development and to ensure cohesive development that maximizes connectivity throughout the Specific Plan. The Tribal Council strongly encourages property owners to work together to design and develop entire Planning Areas at one time so that a comprehensive plan can be created.

7.2.3 Permits and Variances

Article X of the Agua Caliente Land use Ordinance specifies various permit application procedures and approval process for: Development Permits; Conditional Use Permits (CUP); Temporary Use Permits; Minor Modifications and Variances. All of the requirements specified in the Land Use Ordinance apply to the Section 24 Specific Plan.

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7.2.4 Submittal Requirements

Projects subject to a Development Permit or a Conditional Use Permit shall be required to submit as part of any entitlement application:

1) A site plan containing:

• Dimensions, shape, and orientation of the parcel(s);

• Placement of buildings and structures on the parcel(s);

• Height, setbacks, bulk, and building materials;

• Distance between buildings or structures;

• Location, number, and layout of parking and loading spaces, including plans for shared parking;

• Internal vehicular patterns, bikeways, golf cart circulation, pedestrian circulation, and pedestrian safety features;

• Location, amount, and nature of landscaping, walls, and fences;

• Location, amount, and design plans for private open space, common open space, and public plaza areas, specifying location and extent of landscaping and irrigation systems;

• Placement, height, and direction of illumination of lighting features;

• Location, number, size, and height of signs (a Sign Program shall be provided pursuant to the requirements of the Tribal Land Use Ordinance;

• Location and method of screening refuse and storage areas, roof equipment, pipes, vents, utility equipment, and all equipment not contained in the main buildings of the development;

• Provisions for property- or homeowner association(s) where that method of management is proposed;

• Documentation identifying the existing and proposed square footage, residential units, and traffic generation in the specified planning area and verification that the proposed project is within the thresholds as set forth by this Specific Plan; and

• Other information that the CPDO may require to make the necessary findings that the provisions of this Specific Plan are met.

2) A comprehensive recycling plan, prior to building permit approval, consisting of a construction debris recycling program and a general recycling program for residential, office, and commercial uses.

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3) A blowsand mitigation plan prepared by a licensed civil engineer submitted to the Planning and Development Department for plan check and approval. The blowsand mitigation plan shall identify the specific measures and describe the specific procedures that will be implemented to adequately mitigate blowsand impacts on all of the project’s on-site and off-site improvements.

All improvements for blowsand protection shall be depicted on the project’s grading and drainage plan.

7.2.5 Required Findings

Applications for new projects within the Section 24 Specific Plan area may be approved or conditionally approved if it is determined that the project can, based upon the application, plans, and materials submitted, meet these Specific Plan objectives (where applicable). Overall, the project shall:

• Establish a unified vision for the project site to guide a cohesive, complementary mix of uses structured around a comprehensive set of circulation and infrastructure systems;

• Create a new mixed-use regional destination that stimulates a major new source of economic activity for the Agua Caliente Band of Cahuilla Indians and the surrounding communities;

• Plan for an appropriate mix of commercial, office, entertainment, hotel, and residential uses, within the context of a master-planned community development to meet the trade area’s growing demand and build in the flexibility to respond to changes in the market;

• Apply innovative planning and design solutions to create a sense of place at multiple scales;

• Provide new housing concepts for the community, encouraging: a) high quality, high density residential units that appeal to residents seeking shorter commutes to jobs, restaurants, and entertainment opportunities, as well as; b) lower density residential neighborhoods targeted to active adults wishing to live in a resort environment;

• Take advantage of the area’s location and exposure by establishing a welcoming gateway to Section 24, characterized by distinct and attractive signage, architecture, and landscaping, both on-site and in the public right-of-way;

• Implement a circulation concept that optimizes “Complete Streets” circulation systems for both vehicular and pedestrian traffic, internalizes pedestrian activity to buffer it from the vehicular traffic along perimeter roadways, and establishes connectivity between uses infused with pedestrian-friendly and walkable spaces; and

• Not exceed the traffic and maximum development thresholds established by the Specific Plan EIS.

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7.3 RESIDENTIAL DEVELOPMENT TRANSFER PROGRAM
While Section 24 Specific Plan’s potential impacts must be identified and addressed, the precise breakdown and distribution of residential units must be able to respond to the changing market to achieve success current and future property owners, businesses, residents, employees, and visitors. To provide greater flexibility, the Section 24 Specific Plan includes a Residential Development Transfer Program that permits residential units to be transferred between selected planning areas, subject to the following specified limitations and procedures:

• The maximum number of units identified for each Planning Area in Table 1 “Land Use Summary” may be exceeded through the offsetting transfer of units from one planning area to another through this program as long as the total number of Dwelling Units at buildout of Section 24 does not exceed 2,406 DU’s as specified in Table 1 ;

• This program shall only apply to Planning Areas (PAs) 1B, 2A, 2B, 5, 6B and 7B. This program shall not apply to PA 8 which shall maintain a maximum residential development potential of 1,200 dwelling units;

• When units are transferred to a Planning Area, the density of the receiving Planning Area may increase above the 18-unit-per-acre maximum stated in section 4.2.1 of this document, but shall not exceed 22 units per acre;

• When units are transferred to a new Planning Area, the transferred units shall be governed by the land use category, development regulations, design standards, and design guidelines of the new planning area; and

• Residential units may be transferred so long as the increase in units does not cause impacts that are greater than those identified in the certified EIS for the Section 24 Specific Plan. In no case shall the total number of units constructed within the Specific Plan area exceed 2,406 units.

7.3.1 Submittal and Approval Procedures

The transfer of units under the Residential Development Transfer Program shall occur through these procedures:

• The transfer of residential units shall occur by the applicant filing a request for such action with the Tribal Planning and Development Department. This request shall specifically identify the exchange in the number of residential units proposed at that time, accompanied by sufficient data to review the request;

• If any proposed transfer of residential units involves two or more property owners, the signed, written consent of all involved property owners shall be required as part of the application;

• Any approval or conditional approval of the conversion of uses under this Residential Development Transfer Program shall be through formal action of the Tribal Council;

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• Upon review, the Tribal Council must determine that the proposed transfer of units would not result in any environmental impacts that would be greater than those identified in the certified EIS. Should the Tribal Council determine that the environmental impacts of the proposed transfer of units does not exceed the environmental impacts addressed in the certified EIS, the requested exchange in land uses shall be granted. However, should the Tribal Council conclude that the proposed transfer of units would result in environmental impacts which are greater than those identified in the certified EIS, then the request shall be denied subject to further analyses and findings, pursuant to CEQA.

7.4 OFF-SITE INFRASTRUCTURE RESPONSIBILITES

7.4.1 Off-Site Infrastructure Responsibilities for Planning Areas 1 through 7

Concurrently with the development of Planning Areas 1 through 7, individual project proponents within Planning Areas 1 through 7 shall prepare construction documents, provide construction funding and/or coordinate the construction/ installation of the following offsite improvements:
• Modification of the existing traffic signalization at the intersection of Casino and Bob Hope Drives, as indicated in Figure 8 “Access and Intersection Control” and as specified by the Section 24 Specific Plan Traffic Analysis;

• Installation of new full access, signalized traffic control intersections for A Street Boulevard where the roadway intersects with Ramon Road and Bob Hope Drive, as indicated on Figure 8 “Access and Intersection Control” and as specified by the Section 24 Specific Plan Traffic Analysis;

• Installation of new full access, signalized traffic control intersections for the planned local roadways shown on Figure 7 “Vehicle Circulation Plan” where they intersect with Ramon Road and Bob Hope Drive as indicated on Figure 8 “Access and Intersection Control” and as specified by the Section 24 Specific Plan Traffic Analysis;

• Installation of a new full access, signalized traffic control intersection at the entrance to Planning Area 7B, as indicated on Figure 8 “Access and Intersection Control” and as specified by the Section 24 Specific Plan Traffic Analysis;

• Installation of two new full access, non-signalized traffic control entrances to Planning Areas 1A and 1B on Los Alamos Road, as indicated on Figure 8 “Access and Intersection Control” and as specified by the Section 24 Specific Plan Traffic Analysis;

• If already installed by the time of construction, future projects within Planning Areas 1 through 7 shall make fair share contributions toward the above identified intersections as necessary;

• Improvements to Planning Areas 1, 2 and 3 frontages along the south half-street of Ramon Road and turning lanes at intersections, as indicated in Figure 10 “Ramon Road – Major Arterial Roadway” and/or specified by the Section 24 Specific Plan Traffic Analysis;

SPECIFIC PLAN Page 145 12-222

SECTION 24
SPECIFIC PLAN Page 146

 Improvements to Planning Areas 3, 4, 6 and 7 frontage along the west half-street of Bob Hope Drive and turning lanes at intersections, as indicated in Figure 9 “Bob Hope Drive – Major Arterial Roadway” and/or specified by the Section 24 Specific Plan Traffic Analysis;

 Improvements to Planning Area 7 frontage along the north half-street of Dinah Shore Drive and turning lanes at intersections, as indicated in Figure 11 “Dinah Shore Drive – Minor Arterial Roadway” and/or specified by the Section 24 Specific Plan Traffic Analysis;

 Improvements to Planning Area 1 frontage along the east half-street of Los Alamos Road, as indicated in Figure 13 “Los Alamos Road – Major Collector Roadway” and/or specified by the Section 24 Specific Plan Traffic Analysis; and

 Sanitary Sewer: Installation of the Build Areas B and C line upgrade on Varner Road as shown in Figure 27 “Conceptual Master Sewer Plan”.

7.4.2 Off-Site Infrastructure Responsibilities for Planning Area 8 (Active Adult Community)

Concurrently with the development of Phase One of the Active Adult Community (AAC) in Planning Area 8, the project developer shall prepare construction documents, provide construction funding and coordinate the construction/ installation of the following offsite improvements:
 Modification of the existing traffic signalization at the primary entrance to the AAC on Dinah Shore Drive, as indicated in Figure 8 “Access and Intersection Control” and as specified by the Section 24 Specific Plan Traffic Analysis;

 Installation of a new full access, non-signalized traffic control at the secondary entrance to the AAC on Los Alamos Road, as indicated on Figure 8 “Access and Intersection Control” and as specified by the Section 24 Specific Plan Traffic Analysis;

 Improvements to Planning Area 8 frontage along the north half-street of Dinah Shore Drive, as indicated in Figure 11 “Dinah Shore Drive – Minor Arterial Roadway” and turning lanes at intersections as specified by the Section 24 Specific Plan Traffic Analysis;

 Improvements to Planning Area 8 frontage along the east half-street of Los Alamos Road and turning lanes at intersections, as indicated in Figure 13 “Los Alamos Road – Major Collector Roadway” and/or specified by the Section 24 Specific Plan Traffic Analysis;

 Water Supply: 1) Extension of an 18 inch Water Main to Planning Area 8 from Point of Connections (POC) 4 and 5 at Ramon Road and POC 8 at Bob Hope Drive within mutually agreed upon easements to be established by Tribal Council and the developers of the AAC; and 2) connection to POC’s 1, 2 and 3 on Dinah Shore Drive and Los Alamos Road, as shown in Figure 25 “Conceptual Master Water Plan”; and

 Sanitary Sewer: 1) Extension of a 12 inch sewer line to Planning Area 8 from POC 4 at Ramon Road within a mutually agreed upon easement to be established by Tribal Council and the developers of the AAC; 2) connection to POC’s 1, 2 and 3 on Los Alamos Road; and 3) installation of the Build Area A line upgrade on Varner Road as shown in Figure 27 “Conceptual Master Sewer Plan.”
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SECTION 24

7.5 IMPLEMENTATION, MAINTENANCE AND MONITORING

7.5.1 Residential Development Transfer Program
A tracking system shall be established to monitor the number of residential units permitted in each planning area, the number of constructed units, remaining development potential, any approved transfers of residential units, and the resulting density of each planning area after any approved transfers.

7.5.2 Traffic Thresholds

The development of the Section 24 Specific Plan must not exceed the maximum traffic thresholds allowed by the Specific Plan’s EIS. Proposed development must demonstrate compliance with other traffic thresholds, such as the AM/PM peak-hour rates stated in the EIS.

For each Planning Area addressed by an applicant, the applicant shall provide an analysis that evaluates the traffic impacts of existing development, potential traffic impact of the proposed development, and the remaining traffic threshold (ADT, AM/PM peak-hour trips, etc.) for any undeveloped land in the planning area. The analysis shall be prepared by a state licensed traffic engineer and submitted to the Tribal Council for approval.

7.5.3 Parking Management

Parking management in the Specific Plan will entail a combination of providing physical spaces for parking and managing those spaces so that they are properly allocated to and used by residents, visitors, and businesses. Parking management can help prevent situations such as permanent residents using guest parking spaces instead of the enclosed parking spaces allocated to them.

For developments using shared parking, a tracking system shall be established to determine whether a new or revised shared parking study is necessary due to changes in tenants or uses. Covenants, conditions, and restrictions (CC&Rs) for projects within the Section 24 Specific Plan area shall address the shared nature of parking for the overall project. It is the intent that residential uses proposed within the Specific Plan area may be allowed to use parking spaces within commercial areas in off-peak hours. Mechanisms shall be instituted in the owner associations’ CC&Rs that clearly define this relationship and how the parking will be managed throughout the project.

7.5.4 Owner Associations
It is envisioned that the majority, if not all, of the properties within the Section 24 Specific Plan area will be managed by one or more property, business, or homeowner association(s). If roadways internal to the project remain under private ownership, then those roadways will be privately maintained by one or more of the owner associations. Prior to the approval of any new development, the applicant shall provide a clear description of the role of the association in providing and maintaining private roadways, amenities, landscaping, and other improvements.

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SECTION 24
SPECIFIC PLAN Page 148

7.6 INFRASTRUCTURE FINANCING
Several mechanisms will need to be considered to fund the public improvements necessary to develop the Section 24 Specific Plan. These improvements include but are not limited to water supply and distribution systems, sanitary sewer systems, traffic signals, access driveways and drive aisles, and median improvements. Some of the public improvements are incremental in nature and can be borne by an individual developer. Other public improvements benefit the project as a whole and may need to be constructed and paid for prior to buildout of the Specific Plan. In these instances, the Tribal Council will consider creating a mechanism by which each property owner and developer pays their fair-share cost of the public improvements.

7.6.1 Reimbursement Agreement
One method to distribute and capture costs for larger public improvements is to create a reimbursement agreement, which is a contract between the Tribal Council, property owners, and/or developers under which parties can be reimbursed for funding public improvements that benefit properties beyond their own and/or are larger than would be required by their development.

An example of such an improvement is the creation of a new signalized intersection. Although one developer may pay the initial costs of installing the new intersection to create access to their own property, the new intersection is necessary for the full buildout of the Specific Plan and will enhance access for adjacent property owners within the Specific Plan area. Accordingly, the developer would seek to be reimbursed for the costs of installing the new intersection, less their own fair-share portion of the costs.

To create a reimbursement agreement, the Tribe Council would perform an analysis to determine the total costs of public improvements required for implementation of the Section 24 Specific Plan. Then, a fair share analysis would be conducted to determine the distribution of costs for each planning area and type of development. Both of these analyses will form the basis for a reimbursement agreement, to be created and managed by the Tribe.

7.6.2 Public Financing Mechanisms
A variety of public debt financing mechanisms is available to fund public improvements in California.

The advantage of most of these programs is that they provide tax-exempt financing at lower interest rates than are available through construction loans and other forms of conventional financing. Available financing mechanisms may include:

 Community Facilities Districts (CFD’s);
 Special Assessment/ Benefit Districts (including lighting and landscaping); and  Infrastructure Financing Districts (IFD’s).

It is envisioned that, prior to any major construction activities, current property owners within the Section 24 Specific Plan area will form and participate in a project-wide assessment or other special district to fund the installation of the project’s public improvements. If this does not occur, the financial responsibility for public improvements necessary for proposed development activities will become the responsibility of each individual property owner and/or developer.

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SECTION 24

7.6.3 Development Impact Fees

The Tribe could consider the establishment of a Development Impact Fee (DIF) to pay for public improvements and determine a fair-share responsibility for new development infrastructure costs.

7.6.4 Infrastructure Grant Programs

The Tribe could apply for/ utilize a number of grant programs to fund a portion of infrastructure costs.

Examples include the following:

• CVAG Measure “A” Grants (75% of basic street widening and functional improvements);

• RCTC/ Transportation Enhancement Activities (TEA) Grants (pedestrian/ bicycle circulation and landscaping enhancements);

• RCTC/ CalTrans Capital Improvement (STIP) Grants;

• SB 821 Funds (sidewalks and bikeways);

• EDA Public Works and Economic Development Facilities Grants;

• Highway Safety Improvement Program;

• Safe Routes to School (Ramon Road at Los Alamos Road Intersection); and

• Tribal Transportation Program (TTP) Grants.

SPECIFIC PLAN Page 149 12-226

DRAFT
Section 24 Specific Plan
Agua Caliente Band of Cahuilla Indians
5401 Dinah Shore Drive
Palm Springs, CA 92264
860 Hampshire Road, Suite P
Westlake Village, CA 91361
(805) 367-5720 FAX (805) 367-5733 NOVEMBER 2014
Environmental Impact Statement
ATTACHMENT 12
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Draft
Environmental Impact Statement

Section 24 Specific Plan
Agua Caliente Band of Cahuilla Indians
(SCH No. 2014011035)

Prepared for:

Agua Caliente Band of Cahuilla Indians
5401 Dinah Shore Drive
Palm Springs, California 92264

Prepared by:

Meridian Consultants LLC
860 Hampshire Road, Suite P
Westlake Village, California 91361

November 2014
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Table of Contents
Section Page

1.0 Introduction .............................................................................................................................. 1.0-1

2.0 Summary .................................................................................................................................... 2.0-1

3.0 Project Description ..................................................................................................................... 3.0-1

4.0 Environmental Setting................................................................................................................ 4.0-1

5.0 Environmental Impact Analysis .................................................................................................. 5.0-1

5.1 Aesthetics ................................................................................................................................... 5.1-1

5.2 Air Quality .................................................................................................................................. 5.2-1

5.3 Biological Resources ................................................................................................................... 5.3-1

5.4 Cultural Resources ..................................................................................................................... 5.4-1

5.5 Geology and Soils ....................................................................................................................... 5.5-1

5.6 Greenhouse Gas Emissions ........................................................................................................ 5.6-1

5.7 Hazards and Hazardous Materials ............................................................................................. 5.7-1

5.8 Hydrology and Water Quality .................................................................................................... 5.8-1

5.9 Land Use and Planning ............................................................................................................... 5.9-1

5.10 Noise ........................................................................................................................................ 5.10-1

5.11 Population and Housing ........................................................................................................... 5.11-1

5.12 Public Services .......................................................................................................................... 5.12-1

5.12.1 Fire Protection & Emergency Services ..................................................................... 5.12.1-1

5.12.2 Law Enforcement ..................................................................................................... 5.12.2-1

5.12.3 Schools ..................................................................................................................... 5.12.3-1

5.12.4 Library Services ........................................................................................................ 5.12.4-1

5.13 Recreation ................................................................................................................................ 5.13-1

5.14 Traffic and Transportation ....................................................................................................... 5.14-1

5.15 Utilities and Service Systems ................................................................................................... 5.15-1

5.15.1 Water Service ........................................................................................................... 5.15.1-1

5.15.2 Sewer ....................................................................................................................... 5.15.2-1

5.15.3 Solid Waste .............................................................................................................. 5.15.3-1

6.0 Alternatives ................................................................................................................................ 6.0-1

7.0 Growth Inducing Impacts ........................................................................................................... 7.0-1

8.0 Other Environmental Impacts .................................................................................................... 8.0-1

8.1 Effects Not Found to Be Significant .............................................................................. 8.1-1

8.2 Significant Irreversible Environmental Changes ........................................................... 8.2-1

9.0 Terms, Definitions, and Acronyms ............................................................................................. 9.0-1

10.0 Organizations and Persons Consulted ..................................................................................... 10.0-1

11.0 References................................................................................................................................ 11.0-1 A disc containing both the Draft EIS and Appendices is attached on the inside cover.

Meridian Consultants i Section 24 Specific Plan Project 044-001-13 November 2014
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Appendices
A Notice of Intent and Comment Letters
B Air Quality and Greenhouse Gas Emissions
C Biological Resources Study
D Geotechnical Report
E Phase I and Limited Phase II Environmental Site Assessment F Roadway Noise Calculations
G Traffic Study
H Water Supply Assessment
I Alternative Air Quality and Greenhouse Gas Emissions Worksheets

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List of Figures
Figure Page

2.0-1 Regional Location Map ........................................................................................................ 2.0-3

2.0-2 Project Location Map........................................................................................................... 2.0-4

3.0-1 Regional Location Map ........................................................................................................ 3.0-3

3.0-2 Project Location Map........................................................................................................... 3.0-4

3.0-3 Conceptual Land Use Plan ................................................................................................... 3.0-7

3.0-4 Single Family Attached Residential Overlay Area .............................................................. 3.0-12

3.0-5 Conceptual Open Space Plan ............................................................................................. 3.0-13

3.0-6 Conceptual Landscape Corridor Plan................................................................................. 3.0-16

3.0-7 Conceptual Circulation Plan .............................................................................................. 3.0-17

3.0-8 Conceptual Pedestrian and Alternative Vehicle Circulation Plan ...................................... 3.0-18

3.0-9 Existing and Conceptual Public Transportation System .................................................... 3.0-21

3.0-10 Conceptual Potable Water Plan ........................................................................................ 3.0-22

3.0-11 Conceptual Sewer Plan ...................................................................................................... 3.0-25

3.0-12 Conceptual Drainage Plan ................................................................................................. 3.0-26

3.0-13 Illustrative Ultimate Grading Site Section ......................................................................... 3.0-29

3.0-14 Conceptual Signage Location Map .................................................................................... 3.0-32

3.0-15 Conceptual Interim Cut/Fill Plan ....................................................................................... 3.0-33

3.0-16 Conceptual Ultimate Cut/Fill Plan ..................................................................................... 3.0-36

3.0-17 Conceptual Mass Grading Plan .......................................................................................... 3.0-37

4.0-1 Project Site Photographs ..................................................................................................... 4.0-5

4.0-2 Section 24 Specific Plan Property Ownership ................................................................... 4.0-10

4.0-3 Existing Topography .......................................................................................................... 4.0-11

4.0-4 Tribal Land Use Ordinance Zoning Districts ....................................................................... 4.0-16

4.0-5 County of Riverside Land Use Designation Map ............................................................... 4.0-17

4.0-6 City of Rancho Mirage Land Use Designation Plan ............................................................ 4.0-18

4.0-7 Noise Monitoring Locations .............................................................................................. 4.0-19

5.1-1 Surrounding Land Uses to the North and Northeast ........................................................... 5.1-3

5.1-2 Surrounding Land Uses to the East and Southeast ............................................................. 5.1-4

5.8-1 Existing 100-Year Flood Hazard Areas ................................................................................. 5.8-5

5.9-1 Surrounding Land Uses ........................................................................................................ 5.9-3

5.10-1 Common Noise Levels ....................................................................................................... 5.10-3

5.10-2 Noise Barrier Diffraction .................................................................................................... 5.10-6

5.10-3 Typical Levels of Groundborne Vibration .......................................................................... 5.10-7

5.10-4 State Land Use Compatibility Guidelines for Noise ......................................................... 5.10-16

5.10-5 Noise Levels of Typical Construction Equipment ............................................................ 5.10-23

5.12-1 Public Services Within Proximity to Project Site ............................................................... 5.12-2

5.14-1 Study Area Intersections ................................................................................................... 5.14-5

5.14-2 Access and Intersection Control ...................................................................................... 5.14-22

5.14-3 Site Traffic Distribution: Active Adult Community .......................................................... 5.14-23

5.14-4 Site Traffic Distribution: Full Project Development ......................................................... 5.14-24 Meridian Consultants iii Section 24 Specific Plan Project 044-001-13 November 2014
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List of Tables
Table Page

2.0-1 Summary of Project Impacts ............................................................................................. 2.0-17

3.0-1 Land Use Plan Summary ...................................................................................................... 3.0-6

3.0-2 Intended Uses of the EIS .................................................................................................... 3.0-35

5.2-1 Ambient Air Quality Standards ............................................................................................ 5.2-3

5.2-2 Salton Sea Air Basin Attainment Status ............................................................................... 5.2-7

5.2-3 Air Quality Monitoring Summary ........................................................................................ 5.2-8

5.2-4 Mass Daily Emissions Thresholds ...................................................................................... 5.2-19

5.2-5 Coachella Valley LST for 5-Acre Site .................................................................................. 5.2-20

5.2-6 Active Adult Community Construction Emissions ............................................................. 5.2-30

5.2-7 Active Adult Community Operational Emissions ............................................................... 5.2-32

5.2-8 Tribal Planning Areas Construction Emissions................................................................... 5.2-32

5.2-9 Tribal Planning Areas Operational Emissions .................................................................... 5.2-34

5.2-10 Combined Construction Emissions .................................................................................... 5.2-35

5.2-11 Combined Operational Emissions...................................................................................... 5.2-37

5.2-12 Active Adult Community LST Emissions............................................................................. 5.2-38

5.2-13 Tribal Planning Areas LST Emissions .................................................................................. 5.2-39

5.2-14 Proposed Project LST Emissions ........................................................................................ 5.2-40

5.2-15 PM2.5 LST Dispersion Modeling ........................................................................................ 5.2-40

5.2-16 Comparison of Growth of ADT to Population and Employment Growth .......................... 5.2-45

5.6-1 Greenhouse Gas Descriptors ............................................................................................... 5.6-3

5.6-2 California GHG Inventory 2004–2012 .................................................................................. 5.6-4

5.6-3 Active Adult Community Construction GHG Emissions ..................................................... 5.6-23

5.6-4 Active Adult Community Operational GHG Emissions ...................................................... 5.6-24

5.6-5 Tribal Planning Areas Construction GHG Emissions .......................................................... 5.6-26

5.6-6 Tribal Planning Areas Operational GHG Emissions ............................................................ 5.6-27

5.6-7 Combined Construction GHG Emissions ............................................................................ 5.6-28

5.6-8 Combined Operational GHG Emissions ............................................................................. 5.6-29

5.7-1 EDR-Listed Facilities Adjacent to the Project Site ................................................................ 5.7-6

5.7-2 FRA Railroad Accident Statistics for 2010 .......................................................................... 5.7-16

5.9-1 City of Rancho Mirage General Plan Analysis .................................................................... 5.9-19

5.9-2 SCAG 2012 RTP/SCS Analysis ............................................................................................. 5.9-38

5.9-3 Riverside County LAFCo Analysis ....................................................................................... 5.9-41

5.10-1 Noise Descriptors ............................................................................................................... 5.10-4

5.10-2 Noise Attenuation of Typical Structures............................................................................ 5.10-5

5.10-3 Noise Measurements in Project Vicinity ........................................................................... 5.10-9

5.10-4 Modeled Existing Roadway Noise Levels ......................................................................... 5.10-10

5.10-5 City of Rancho Mirage Exterior Noise Limits ................................................................... 5.10-18

5.10-6 Typical Maximum Noise Levels for Construction Phases ................................................ 5.10-26

5.10-7 Existing plus Active Adult Community ............................................................................. 5.10-27

5.10-8 Existing plus Specific Plan Buildout ................................................................................. 5.10-31 Meridian Consultants iv Section 24 Specific Plan Project 044-001-13 November 2014
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List of Tables (continued)
Table Page

5.10-9 Future (Year 2022) Plus Active Adult Community ........................................................... 5.10-35

5.10-10 Future (Year 2035) Plus Specific Plan Buildout................................................................ 5.10-40

5.10-11 Vibration Source Levels from Construction Equipment .................................................. 5.10-47

5.11-1 SCAG Projections for Riverside County ............................................................................. 5.11-4

5.11-2 SCAG Projections for the CVAG Subregion ........................................................................ 5.11-4

5.11-3 Specific Plan Employment Opportunities .......................................................................... 5.11-6

5.12.1-1 Fire Stations Within Proximity to Project Site ................................................................ 5.12.1-2

5.12.2-1 Average Response Times for Reporting District 24C7 .................................................... 5.12.2-2

5.12.3-1 PSUSD School Capacities and Current Enrollment ......................................................... 5.12.3-2

5.12.3-2 Student Generation Table .............................................................................................. 5.12.3-5

5.13-1 County of Riverside Parks and Recreation Facilities .......................................................... 5.13-2

5.13-2 Park Classification and Service Area Standards ................................................................. 5.13-3

5.13-3 City of Rancho Mirage Parks and Recreation Facilities ..................................................... 5.13-4

5.14-1 Weekday Traffic Counts..................................................................................................... 5.14-9

5.14-2 Existing Weekday Peak-Hour Delay and LOS at the Unsignalized Key Intersections ...... 5.14-10

5.14-3 Existing Weekday Peak-Hour Delay and LOS at the Signalized Key Intersections........... 5.14-11

5.14-4 Signalized Intersection Level of Service ........................................................................... 5.14-27

5.14-5 Initial Phase Weekday Peak-Hour Delay and LOS at Unsignalized Intersections ............ 5.14-33

5.14-6 Initial Phase Weekday Peak-Hour Delay and LOS at Signalized Intersections ................ 5.14-34

5.14-7 Full Project Development Weekday Peak-Hour Delay and LOS at Unsignalized Intersections ............................................................................................... 5.14-37

5.14-8 Full Project Development Weekday Peak-Hour Delay and LOS at Signalized Intersections ................................................................................................... 5.14-38

5.14-9 Future (Year 2022) Weekday Peak-Hour Delay and LOS at Unsignalized Intersections Conditions .................................................................................................. 5.14-41

5.14-10 Future (Year 2022) Weekday Peak-Hour Delay and LOS Summary at Signalized Intersections ................................................................................................... 5.14-41

5.14-11 Future (Year 2035) Weekday Peak-Hour Delay and LOS at Unsignalized Site Access Intersections ........................................................................................................ 5.14-44

5.14-12 Future (Year 2035) Weekday Peak-Hour Delay and LOS at Signalized Intersections ...... 5.14-44

5.14-13 Future (Year 2035) Weekday Peak-Hour Delay and LOS as Signalized Site Access Intersections ........................................................................................................ 5.14-48

5.14-14 Parking Standards ............................................................................................................ 5.14-55

5.15.1-1 Groundwater Storage Capacity of the Coachella Valley Groundwater Basin ................ 5.15.1-6

5.15.1-2 Estimated Groundwater Production within the West Whitewater River Subbasin ....... 5.15.1-7

5.15.1-3 Annual Water Balance in the West Whitewater River Subbasin .................................... 5.15.1-8

5.15.1-4 Annual CVWD Colorado River Diversions at Imperial Dam—1964 to 2013 ................. 5.15.1-14

5.15.1-5 Colorado River Deliveries to CVWD under the Quantification Settlement Agreement (QSA) .......................................................................................................... 5.15.1-15

5.15.1-6 SWP Water Sources (afy) .............................................................................................. 5.15.1-18 Meridian Consultants v Section 24 Specific Plan Project 044-001-13 November 2014
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List of Tables (continued)
Table Page

5.15.1-7 Department of Water Resources Table A Water Allocations ....................................... 5.15.1-19

5.15.1-8 Existing CVWD Water Supply Table A Amounts Water Rights and Water Service Contracts .......................................................................................................... 5.15.1-29

5.15.1-9 Summary of Historical and Projected Average Water Supply ...................................... 5.15.1-30

5.15.1-10 Summary of Historical Water Demands in the Coachella Valley .................................. 5.15.1-31

5.15.1-11 Supply and Demand Comparison—Average Year (afy) ................................................ 5.15.1-34

5.15.1-12 Supply and Demand Comparison—Single Dry Year (afy) ............................................. 5.15.1-34

5.15.1-13 Supply and Demand Comparison—Multiple Dry-Year Events (afy) ............................. 5.15.1-35

5.15.1-14 Active Adult Community Estimated Water Demand .................................................... 5.15.1.55

5.15.1-15 Tribal Planning Areas Estimated Water Demand ......................................................... 5.15.1-56

5.15.1-16 Projected Annual Project Demand (afy) ....................................................................... 5.15.1-57

5.15.1-17 Dry Water Year Supply and Demand Assessment—2017 to 2020 ............................... 5.15.1-59

5.15.1-18 Dry Water Year Supply and Demand Assessment—2021 to 2024 ............................... 5.15.1-59

5.15.1-19 Dry Water Year Supply and Demand Assessment—2025 to 2028 ............................... 5.15.1-61

5.15.1-20 Dry Water Year Supply and Demand Assessment—2029 to 2032 ............................... 5.15.1-61

5.15.1-21 Dry Water Year Supply and Demand Assessment—2033 to 2036 ............................... 5.15.1-62

5.15.1-22 Past, Current, and Projected Domestic Water Demand ............................................... 5.15.1-64

5.15.1-23 Summary of Water Demands in the Coachella Valley .................................................. 5.15.1-65

5.15.1-24 Historical and Future CVWD Non-Potable Water Demand .......................................... 5.15.1-66

5.15.1-25 Projected Groundwater Recharge Demand ................................................................. 5.15.1-67

5.15.1-26 Projected Average Future Water Supply—CVWD ........................................................ 5.15.1-68

5.15.1-27 Projected Supply Reliability by Source ......................................................................... 5.15.1-68

5.15.2-1 Wastewater Generation of the Project .......................................................................... 5.15.2-7

5.15.3-1 Solid Waste Generation of the Project ........................................................................... 5.15.3-6

6.0-1 Alternative 2 Land Use Summary ...................................................................................... 6.0-12

6.0-2 Alternative 2 Worst-Case Construction Emissions (pounds/day) ..................................... 6.0-14

6.0-3 Alternative 2 Estimated Operational Emissions ................................................................ 6.0-14

6.0-4 Alternative 2 Estimated Greenhouse Gas Emissions ......................................................... 6.0-16

6.0-5 Solid Waste Generation of Alternative 2 ........................................................................... 6.0-22

6.0-6 Land Uses Proposed Under Alternative 3 .......................................................................... 6.0-24

6.0-7 Alternative 3 Worst-Case Construction Emissions (pounds/day) ..................................... 6.0-25

6.0-8 Alternative 3 Estimated Operational Emissions ................................................................ 6.0-26

6.0-9 Alternative 3 Estimated Greenhouse Gas Emissions ......................................................... 6.0-27

6.0-10 Solid Waste Generation of Alternative 3 ........................................................................... 6.0-34

6.0-11 Land Use Summary Under Alternative 5 ........................................................................... 6.0-44

6.0-12 Comparison of Alternatives to Project .............................................................................. 6.0-55

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1.0 INTRODUCTION
The proposed Project would provide entitlement approvals for up to 3,138,600 square feet of commercial retail, office, restaurant, hotel, and entertainment uses, and up to 2,406 residential units on approximately 577 acres of land on the Agua Caliente Indian Reservation (“Reservation”), as shown in Section 3.0, Project Description, Figure 3.0-2, Project Location Map. This Section provides information on the background of the Project, as further described in Section 3.0 and assessed in this Draft Environmental Impact Statement (EIS), the environmental review process being conducted by the Agua Caliente Band of Cahuilla Indians (“Tribe”) for this Project, and the organization and content of this Draft EIS. See Section 9.0 for a definition of terms and acronyms used in this Draft EIS.

A. PURPOSE OF THIS ENVIRONMENTAL IMPACT STATEMENT
The Agua Caliente Tribal Environmental Policy Act (TEPA) (Tribal Ordinance No. 28) was adopted to ensure the protection of natural resources and the environment within the Reservation by establishing standards for the review and consideration of environmental impacts associated with development of the Reservation. When it is determined through preliminary review that a proposed project may result in significant impacts to the quality of the natural environment, preparation of an EIS in accordance with the process defined in TEPA is required.

The Tribe, acting as the Lead Agency for the planning and environmental review of this Project, has decided to prepare this EIS in compliance with both TEPA and the California Environmental Quality Act (CEQA), including the State CEQA Guidelines (California Code of Regulations Title 14 Section 15000 et seq.), to minimize the duplication of environmental studies and documentation by other public agencies involved with the review and approval of actions related to the Project that are required to comply with CEQA, including the City of Rancho Mirage (“City”) and the Riverside Local Agency Formation Commission (LAFCo).

This EIS provides analysis of the potential environmental effects of the proposed Project and ways to reduce or minimize or avoid these effects. Analysis of a range of alternatives to the Project as proposed is also included in this EIS to provide additional information on ways to minimize the environmental effects of the Project.

This EIS, and the subsequent record of decision, will be prepared by the Tribe and will describe all potential environmental impacts of the Project, provide a Statement of Overriding Considerations for all environmental impacts that cannot be mitigated to a level of less than significant, adopt a Mitigation Monitoring Plan to ensure that all required mitigation measures are implemented during the course of the Project.

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B. ENVIRONMENTAL REVIEW PROCESS

1. Notice of Intent
TEPA requires consultation with other public agencies with jurisdiction by law or special expertise related to any of the potential environmental effects of the Project. The Tribe initiated this consultation process by preparing and circulating a Notice of Intent (NOI) of the Section 24 Specific Plan EIS to other public agencies.

The NOI was released on January 16, 2014. The NOI was mailed to other public agencies, and the owners and residents of surrounding property (See Appendix A for the distribution list). The NOI was also sent to the Governor’s Office of Planning and Research State Clearinghouse for environmental documents for distribution to State agencies for review, and was posted with the Riverside County Clerk and published in the Desert Sun. The NOI (also provided in Appendix A) described the proposed Project and proposed scope of environmental study.

Comment Letters
Nine comment letters from interested parties/agencies were received by the Tribe in response to the NOI. The State Public Utilities Commission (“PUC”) letter (received on January 22, 2014) included the recommendation that the Tribe add language to the Specific Plan regarding any future development adjacent or near the railroad/light rail right-of-way. The PUC seeks to ensure that future development near the railroad corridors is planned with safety considerations. The Laborers International Union of North America, Local Union 1184 (received on January 27, 2014) responded with a comment letter to the Tribe requesting that any notice of actions or hearings regarding the Project be sent to their representative counsel. The Native American Heritage Commission letter (received on January 29, 2014) included comments concerning impacts on archaeological resources and identifies potential mitigation to reduce adverse impacts on archaeological resources. The fourth letter sent by the Coachella Valley Water District (received on February 12, 2014) included comments concerning stormwater and domestic water and sanitation system improvements relating to the Project. The Coachella Valley Water District also requested that any biological survey results for species protected under the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) be provided to the Coachella Valley Conservation Commission. The fifth letter sent by the City (received on February 12, 2014) included comments concerning cumulative impacts, aesthetics, air quality, hazards, hydrology and water quality, land use and planning, noise, population and housing, public services, recreational resources, traffic, and utilities. The sixth letter sent by the South Coast Air Quality Management District (received on February 12, 2014) included comments concerning potential adverse air quality impacts from construction and operation, air quality analysis with respect to regional and localized significance thresholds, and Meridian Consultants 1.0-2 Section 24 Specific Plan Project 044-001-13 November 2014 12-236

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appropriate mitigation measures to minimize adverse air quality impacts. The Southern California Association of Governments (received February 14, 2014) included comments concerning consistency of the Project with the 2012 Regional Transportation Plan/Sustainable Communities Strategy goals, strategies, and regional growth forecasts. Southern California Edison (received February 14, 2014) included comments concerning the Project’s potential impact to overhead and underground 115 kilovolt sub-transmission lines on the north side of Dinah Shore and the east side of Bob Hope Drive, as well as their exclusive easement(s) and/or fee owned property. The ninth letter sent by the SunLine Transit Agency (received on February 18, 2014) included comments concerning the potential addition of a bus stops on both sides of Ramon Road at Los Alamos Road.

The NOI is provided in Appendix A of this EIS.

Public Scoping Meeting
The NOI also provided notice of the public scoping meetings the Tribe held on February 14, 2014, at 4:00 PM and 7:00 PM, at the Agua Caliente Casino Resort Spa, located at 32-250 Bob Hope Drive in Rancho Mirage. The purpose of the public scoping meetings was to provide an additional opportunity for comment on the potential environmental effects of the proposed Section 24 Specific Plan. No public comments were made or received.

2. Draft Environmental Impact Statement
The Tribe considered all comments received during this scoping process to determine the scope of study in this EIS. This Draft EIS includes research and analysis of potential environmental effects related to the following topics:
• Aesthetics
• Air Quality and Greenhouse Gases
• Biological Resources
• Cultural Resources
• Geology and Soils
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation and Traffic
• Utilities and Service Systems

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Public Review and Preparation of Final EIS
This Draft EIS was received by the Indian Planning Commission, and was released for a 60-day public review period in accordance with the provisions of TEPA. A Notice of Availability (NOA) of this Draft EIS was made available to those interested agencies and local jurisdictions. The NOA was also sent to all parties that requested notice of availability of the Draft EIS. In addition, the NOA and Draft EIS were made available on the Tribe’s website at http://www.aguacaliente.org/ .

Following the completion of this review period, the Tribe will review all comments received on the Draft EIS and prepare written responses to each comment. These comments and responses will be presented to the Indian Planning Commission for review. After receipt of these comments and responses, and consideration of any additional comments provided at a public hearing, the Indian Planning Commission will provide its comments on the Draft EIS and the Final EIS will be prepared.

A notice of availability of the Final EIS will be provided and the Final EIS will be presented to the Tribal Council. As required by TEPA, the Tribal Council will consider the information in the Final EIS, the written comments of the Indian Planning Commission, and any additional public comments before issuing a Record of Decision and implementing its decision on the Project.

Interested individuals, organizations, and public agencies can provide written comments on this Draft EIS to:

Agua Caliente Band of Cahuilla Indians
Planning and Development Department
5401 Dinah Shore Drive
Palm Springs, CA 92264
Attention: Margaret Park, Director of Planning & Natural Resources Comments may also be sent by facsimile to (760) 699-6822 or by e-mail to mpark@aguacaliente- nsn.gov; include “Section 24 Specific Plan Draft EIS” in the subject line.

Please provide your name, address, and other contact information and/or a contact person at your agency who should receive future notices and correspondence related to this Project.

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C. ORGANIZATION OF THE EIS
A description of the organization of this EIS and the content of each section is provided below. The Draft EIS is organized as follows:

Section 1.0, Introduction, provides information on the background of the Project, the environmental review process, and organization of the Draft EIS.

Section 2.0, Summary, presents a concise summary of the environmental information, analysis and conclusions in this EIS.

Section 3.0, Project Description, presents a description of the Project that addresses the location of the Project Site, the objectives of the Project, the characteristics of the proposed Planning Areas, and the approvals being requested from the Tribe.

Section 4.0, Environmental Setting, describes the existing physical setting of the Project Site and the surrounding area.

Section 5.0 Environmental Impact Analysis, contains information and analysis of the potential for the Project to result in significant environmental effects for each of the topics evaluated in this Draft EIS.

Section 6.0, Alternatives, discusses alternatives to the proposed Project that have been developed and analyzed to provide additional information on ways to avoid or lessen the impacts of the proposed Project. The alternatives include the “No Project Alternative” as required by the CEQA Guidelines along with other alternatives.

Section 7.0, Growth-Inducing Impacts, discusses the growth inducing impacts of the proposed Project.

Section 8.0, Other Environmental Impacts
• Section 8.1, Effects Not Found to Be Significant, discusses the potential impacts of the proposed Project that were determined not to be significant and were therefore not discussed in detail in this Draft EIS.
• Section 8.2, Significant Irreversible Environmental Changes, discusses the significant irreversible and irretrievable commitment of resources associated with the implementation of the proposed Project.

Section 9.0, Terms, Definitions, and Acronyms, provides a list of specially defined terms and acronyms used throughout this Draft EIS.

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Section 10.0, Organizations and Persons Consulted, lists persons involved in the preparation of this Draft EIS or who contributed information incorporated into this Draft EIS.

Section 11.0, References, lists the principal documents, reports, maps, and other information sources referenced in this EIS.

Appendices to this EIS include technical information and other materials prepared for this EIS and the Tribe’s environmental review of this Project.

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2.0 SUMMARY
The proposed Project would provide entitlement approvals for up to 3,138,600 square feet of commercial retail, office, restaurant, hotel, and entertainment uses, and up to 2,406 residential units on approximately 577 acres of land on the Agua Caliente Indian Reservation (“Reservation”). This Section provides information on the background of the Project, as described in Section 3.0, Project Description, assessed in this Draft Environmental Impact Statement (“EIS”), and a summary of the information in this Draft EIS identifying the potential environmental impacts of the Project, the Project Design Features of the Project and the measures identified to mitigate these impacts, and the alternatives evaluated to provide additional information on ways to avoid or lessen these impacts. See Section 9.0 for a definition of terms and acronyms used in this Draft EIS.

A. PURPOSE OF THIS ENVIRONMENTAL IMPACT STATEMENT
The environmental review process for this Project is being conducted by the Agua Caliente Band of Cahuilla Indians (“Tribe”). The Agua Caliente Tribal Environmental Policy Act (TEPA) (Tribal Ordinance No. 28) was adopted to ensure the protection of natural resources and the environment within the Reservation by establishing standards for the review and consideration of environmental impacts associated with development of the Reservation. When it is determined through preliminary review that a proposed project may result in significant impacts to the quality of the natural environment, preparation of an EIS in accordance with the process defined in TEPA is required.

The Tribe, acting as the Lead Agency for the planning and environmental review of this Project, has decided to prepare this EIS in compliance with both TEPA and the California Environmental Quality Act (CEQA), including the CEQA Guidelines (California Code of Regulations Title 14 Section 15000 et seq.), in order to minimize the duplication of environmental studies and documentation by other public agencies involved with the review and approval of actions related to the Project that are required to comply with CEQA, including the City of Rancho Mirage (“City”) and the Riverside Local Agency Formation Commission (LAFCo).

This EIS will be prepared and certified by the Tribe and will describe all potential environmental impacts of the Project, provide a Statement of Overriding Considerations for all environmental impacts that cannot be mitigated to a level of less than significant, and adopt a Mitigation Monitoring Plan to ensure that all required Mitigation Measures are implemented during the course of the Project. 12-241

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B. OVERVIEW OF PROPOSED PROJECT

1. Regional and Community Setting
The Project Site is surrounded by the City which is considered to be in the heart of the Coachella Valley in Riverside County, nestled at the base of the Santa Rosa Mountains and conveniently located to utilize the southern California freeway system via Interstate 10 (I-10), as shown in Figure 2.0-1, Regional Location Map. The majority of future development in this area of the Coachella Valley is expected to occur near the I-10 corridor. Adjacent jurisdictions surrounding the Project Site include the City of Palm Desert to the southeast, Cathedral City to the west, and the City of Palm Springs to the northwest.

Figure 2.0-2, Project Location Map, presents an aerial photograph identifying the location of the Project Site with respect to the City. The Project Site is bounded by the following roadways: 1) Ramon Road on the north; 2) Bob Hope Drive on the east; 3) Dinah Shore Drive on the south; and 4) Los Alamos Road on the west. The Section 19 Specific Plan is located directly east across Bob Hope Drive from the Project Site and directly southeast of the Agua Caliente Casino/ Resort/ Spa.

The Project consists of a specific plan for approximately 577 acres of the Reservation, located within the City Sphere of Influence designated as Section 24, Township 4 South, Range 5, and east of the San Bernardino Meridian. The Section 24 Specific Plan would be approved and adopted by the Tribal Council and serve as the zoning for the Project Site. The City would subsequently adopt the Specific Plan and approve any request(s) for annexation into the City.

2. Project Characteristics
The Project would provide a potential mix of up to 3,138,600 square feet of commercial, retail, office, restaurant, hotel and entertainment uses, and up to 2,406 residential units. The Project is designed to accommodate these uses through the creation of seven land use categories and eight Planning Areas.

These land use categories include Mixed-Use Core, Resort Flex, Retail, Multi-Family Residential, and Single-Family Residential. The eight Planning Areas delineate and describe the amount, type, and distribution of development throughout the Project Site. The Planning Areas have also been constructed to recognize the current ownership patterns, thus enabling the Project to be constructed in an incremental fashion while still achieving a unified development. Each Planning Area is subject to a distinct list of allowed uses and development standards established among the seven different land use categories. Planning Areas 1 to 7 (“Tribal Planning Areas”) and Planning Area 8 (“the Active Adult Community”) are proposed within the Project Site.

The Tribal Planning Areas would total 217 acres in size and provide a mix of a potential mix of up to 3,138,600 square feet of commercial, retail, office, restaurant, hotel and entertainment uses, and up to 12-242

Regional Location Map
FIGURE 2.0-1
044-001-13
N
SECTION 24 SPECIFIC PLAN
SOURCE: MSA Consulting Inc. - September 2014.

NOT TO SCALE
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FIGURE 2.0-2
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SECTION 24 SPECIFIC PLAN

APPROXIMATE SCALE IN FEET
400020000 8000
SOURCE: MSA Consulting Inc. - September 2014.
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1,406 multi-family residential units. The commercial and resort uses within the Tribal Planning Areas would primarily front the southern side of Ramon Road and the western side of Bob Hope Drive.

The Tribal Planning Areas would vary in maximum floor to area ratio (FAR) and lot coverage. The maximum FAR for retail uses would be 0.35 with maximum lot coverage of 35 percent. The maximum FAR allowed for resort flex uses would be 0.40 with maximum lot coverage of 40 percent. The maximum FAR allowed for mixed use core uses would be 1.0, with maximum lot coverage of 50 percent, and minimum unit size of 600 square feet. The Planning Areas that would allow multi-family residential units at a maximum density of 18 dwelling units per acre, maximum lot coverage of 50 percent, and a minimum unit size of 850 square feet. The multi-family residential uses would be located south of the commercial and resort areas and north of the Active Adult Community, thereby providing a transition from the less intense active adult units and the commercial and resort uses.

The Active Adult Community would be approximately 313 acres for the development of a master planned active adult community of up to a maximum of 1,200 single family dwelling units. The Active Adult Community would be master planned consisting of four neighborhoods accessed by a system of private streets and recreational open space amenities located in neighborhood parks and trail linkages.

Resident amenities would include an integrated system of pedestrian, bicycle and golf cart trail linkages, neighborhood parks, water features, community club house/ pool/ spa, and complementary features.

The Active Adult Community would have a maximum of 3.8 dwelling units per acre with lot coverage up to 35 percent.

Open Space
The Conceptual Open Space only identifies the location of a portion of the open space to be provided in order to allow each Planning Area to design and accommodate open space areas in a manner that works with individual projects. Each project and Planning Area would be required to connect to adjacent open spaces through the use of greenbelts or landscaped pedestrian walkways. The exact number, precise location, configuration, type, and amount of amenities and facilities, and size of the parks and open space areas would be established at the time of development of the tentative tract map(s) of the Project.

The amount of parkland required by the Specific Plan within the Project Site would total approximately 13 acres; the Active Adult Community requiring a total of 6.5 acres of parkland and the Tribal Planning Areas requiring a total of 6.5 acres of parkland primarily within the residential land use areas. The provision of parkland on-site is preferred and developments may satisfy parkland requirements by consolidating parkland into one or more locations.
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Landscape
The Project’s landscape treatment would incorporate a distinct theme to further define the different areas and roadways within the Project Site. Rock gardens and water features may also be used to enhance the landscape elements; however, water features shall be limited to key landscape areas for the purpose of water conservation.

Circulation
The ability to easily access and travel within the Project Site by multiple modes of transportation is an important element of the Project. The vehicular circulation system for the Project would include both regional and local roadways. This system of roadways would generally form a modified grid pattern to maximize access to each Planning Area and enhance walkability. The modified grid system would also allow for the overall Project to be developed in a phased approach without disrupting continuity or access for existing or developing projects. Within the Active Adult Community the internal private street system would provide connectivity to the grid of adjacent public arterial and collector roadways.

The Project circulation system would contain a hierarchy of access points and roadways to dictate the function and character of each intersection and roadway. Access points in the Project Site would be described as Primary Access or Right In/Out Access points. Public roadways would be classified as Major Arterial, Minor Arterial, Modified Major Collector, and Local Roadway. All public roadways in the Specific Plan area would be maintained by the owning jurisdiction (e.g. City, County, or Tribe). All private roads would be owned and maintained by the Master Homeowners Association, Neighborhood Association, and/or similar entities.

Pedestrian and Alternative Vehicle Circulation Plan
The Project would develop a comprehensive system of pedestrian, Neighborhood Electric Vehicle (NEV), golf cart, and bicycle travel throughout the Project Site and into the surrounding community.

Pedestrian
Pedestrian circulation would be provided by 5- to 8-foot-wide sidewalks along internal and perimeter roadways. Pedestrian circulation within each Planning Area would not be determined until site plans are developed by each property owner as the Project builds out. All development, however, would be designed to facilitate pedestrian access to surrounding Planning Areas.

Alternative Vehicle Circulation
Within the Project Site, Class I bikeways and golf cart paths (8 feet wide) are provided along Bob Hope Drive, Ramon Road, Dinah Shore Drive and Los Alamos Road as off-street pathways that allow bicyclists, 12-246

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golf carts, and pedestrians to travel along the same route. These routes will connect to the existing golf cart circulation system, which provides paths along the south side of Dinah Shore Drive west of Bob Hope Drive and along the west side of Los Alamos.

Class II bikeways provide a striped, on-street lane (5 feet wide) for one-way bicycle travel on Bob Hope Drive, Ramon Road, Dinah Shore Drive, Los Alamos Road, and “A” Street Boulevard. The Class II facilities extend from the Class I pathways to provide dedicated access to the Project’s residential and mixed-use interior. Golf carts are expected to gain access to the majority of the site’s uses by traveling along Class I facilities and through parking lots and smaller access roads within Planning Areas. Additional internal access may be provided to golf carts on streets with designated speed limits no higher than 25 miles per hour.

This Specific Plan also envisions that the residents of Section 24 may purchase NEVs to make short trips to run errands, visit recreation facilities, or meet with friends. NEVs are public street-approved vehicles that have no emissions and can travel at a maximum speed of 25 mph. In contrast with golf carts, NEVs are able to travel on city streets with posted speed limits of 35 mph or less, and can cross intersections of roadways with higher posted speed limits (per California Vehicle Code Section 385.5). Commuter information boards should be placed at appropriate locations in each Planning Area identifying paths, routes, and schedules for alternative vehicles and public transit within the Project Site and throughout surrounding community.

Public Transportation
As development matures within the Project Site, sufficient demand may be generated to support additional bus lines or a change in routes to stop at two or three additional locations within the Mixed- Use Core or other Tribal Planning Areas along Bob Hope Drive and Ramon Road. The ultimate route alignment and stop location would be determined by SunLine as development of this area proceeds and needs and resources can be assessed. All existing and future SunLine bus stops shall be located and equipped per SunLine standards.

The potential for a future multimodal Transit Center in Section 13 could provide a significant long-term opportunity for residents and commuters within the Coachella Valley. Close coordination would be required with SunLine and adjacent property owners to identify appropriate short- and long-term uses of the Transit Center property. Such uses could include: SunLine Regional Bus Station; SunLine Neighborhood Circulator Station; temporary or permanent commuter parking solar energy generation, or a combination of all of these.
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Infrastructure
Infrastructure improvements would be installed to support the Project development including water, sanitary sewer, drainage and flood retention systems, and utility improvements. All improvements proposed within the Project Site have conceptual designs and locations.

Development Timeline
Lastly, it is anticipated that the Project would be developed in two phases, with buildout of the first phase projected for 2022 and buildout of the final phase projected for 2035. The Active Adult Community would be developed during the first phase of construction and would require six to eight years to complete. Development of the Active Adult Community would consist of up to 1,200 single family units for senior adults. No timeframe has been established for the development of the Tribal Planning Areas.

In order to reduce the impact of the existing topography which has maximum slopes of over 8 percent, the proposed contours shift the highpoint to the center area of the Active Adult Community and gradually slope the land to the northeast at a maximum of 2.3 percent.

A vertical division of approximately 20 feet has been created to separate the Active Adult Community from the balance of the Tribal Planning Areas. A slope to the north, northeast, and east would be provided at a maximum slope of 3 to 1 at the property line between the Active Adult Community and the Tribal Planning Areas.

Intended Uses of this EIS
This Project consists of requests for approval of the following actions by the Tribe: Record of Decision of EIS; approval/adoption of the Section 24 Specific Plan; a “Parcel” Map to reconfigure allottee parcels; a consent to annexation; and approval of Tentative Tract Maps and permits for future development within its jurisdiction. Other potential requests for approval of the following actions by the City include:
certification of the EIS; adoption of the Section 24 Specific Plan; approve request for annexation; and approval of Tentative Tract Maps and permits for future development within its jurisdiction. Finally, the Local Agency Formation of Riverside County would approve annexation of the Project Site into the City.

C. PROJECT OBJECTIVES
The CEQA Guidelines require an EIR, or for this Project the EIS, to include a statement of the objectives of the Project that address the underlying purpose. The Tribe is proposing to adopt a Specific Plan for the Project Site in order to promote its orderly development and to support any future annexations of the Project Site into the City of Rancho Mirage. More specifically, the objectives of the Project are to:
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• Establish a vibrant, unified vision for the Project Site based upon a cohesive, complementary mix of land uses structured around a comprehensive set of circulation and infrastructure systems, and sensitivity to environmental sustainability issues.
• Promote the highest and best use of Reservation lands in order to maximize the economic development opportunities for the Tribe and its members, including Tribal land immediately adjacent to the existing Agua Caliente Casino Resort Spa. • Plan for an appropriate mix of commercial, hotel, entertainment, office and residential uses, in order to meet the trade area’s growing demand and build in the flexibility to respond to changes in the market over time.
• Create a new mixed-use project that compliments the Tribe’s existing Agua Caliente Casino Resort Spa located across Bob Hope Drive to create a regional destination development. • Apply planning and design solutions to create a unique and pleasant “sense of place” at multiple scales.
• Provide a range of contemporary housing concepts, including an “active adult” development, which will encourage residential opportunities that appeal to residents seeking shorter commutes to jobs, restaurants, and a broad selection of entertainment opportunities. • Implement a “Complete Streets” circulation concept that optimizes both vehicular and pedestrian/ bicycle modes of traffic, internalizes pedestrian activity to buffer it from the vehicular traffic along perimeter roadways, and establishes connectivity between land use activities featuring pedestrian- friendly and walkable spaces.
• Create a community with a focus on water conservation through design that supports groundwater recharge, minimizes stormwater runoff and incorporates drought-tolerant/low water landscaping that acknowledges the desert environment.
• Provide infrastructure that incorporates “readiness” for sustainable technologies, such as solar power generation and plug-in electrical vehicle charging connections/stations.

These objectives provide overall guidance to the preparation of the Section 24 Specific Plan in order to maintain consistency with the vision for this area which is shared by all of the involved property owners.

D. SUMMARY OF ALTERNATIVES
The selected Alternatives provide a comparative analysis of the environmental effects of alternatives to the Project. This analysis has been prepared in accordance with the guidance provided by both the National Environmental Policy Act (NEPA) and CEQA. Analysis of a reasonable range of alternatives 12-249

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would be required by both NEPA and CEQA. The purpose of the alternatives analysis is to explain potentially feasible ways to avoid or minimize the significant effects identified for the Project.

Based on the guidance provided by both NEPA and CEQA, several factors are relevant for consideration in determining a reasonable range of alternatives to be analyzed in detail. These factors include: (1) the nature of the proposed Project and the significant impacts identified for the Project, (2) the ability of alternatives to avoid or lessen the significant impacts associated with the Project, (3) the ability of the alternatives to meet the objectives of the Project, and (4) the feasibility of the alternatives.

The Alternatives to the Project evaluated in this Draft EIS include:

1. Alternative 1 – No Project/No Development

2. Alternative 2 – City General Plan

3. Alternative 3 – County General Plan

4. Alternative 4 – Project with all Standard Residential Development

5. Alternative 5 – Reduced Intensity Alternative
A brief description of each of these Alternatives is provided below with a summary of the evaluation of each.

1. No Project – No Project/No Development
Both NEPA and CEQA require consideration of a No Action or No Project Alternative, with the definition of this Alternative to be based on several factors, including consideration of what is likely to occur if the Project is not approved. As required by NEPA and CEQA, the analysis must examine the impacts that might occur if the Project Site is left in its existing condition, as well as what may reasonably be expected to occur in the foreseeable future if the Project were not approved, based on current plans and consistent with available infrastructure and community services.

Under the No Project/No Development Alternative, the Project Site would remain in its current and existing condition. The vacant undeveloped land would remain. These existing uses would continue and the existing environmental conditions would be maintained. The Project Site would retain its visual characteristics and the existing visual resources for the surrounding land uses would not be impacted.

None of the impacts associated with construction and operational activities would occur if the No Project/No Development Alternative was selected. No construction- and operation-related air quality emission impacts would occur, nor would construction-related noise impacts, vehicle noise operations at Project buildout and under cumulative conditions.
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Summary of Comparative Impacts
As described above, the No Project/No Development Alternative would eliminate the potentially significant impacts associated with construction- and operation-related air emissions and construction and vehicle-related noise increases on local roadways. However, impacts related to land use and population and housing would be greater as the economic employment opportunities would not occur on Reservation land. This Alternative would result in similar impacts related to aesthetics and biological resources. The following impacts would be less under this Alternative: cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, operation noise, population, public services, recreation, traffic, and utilities and service systems.

2. Alternative 2—City General Plan
This Alternative examines the impacts that would result from development of the Project Site with the type and intensity of land uses allowed by the City General Plan land use designations for the Project Site. The City’s General Plan has a greater portion of the Project Site designated for residential development than the proposed Section 24 Specific Plan. The General Plan designates 414 acres for Medium Density Residential uses with a maximum allowed density of 4 dwelling units (DU) per acre, 39 acres of the Project Site as High Density Residential uses with a maximum allowed density of 9 DU per acre, and 80 acres as Community Commercial uses with a maximum allowed FAR of 0.35. The Community Commercial designation allows regional and community scale shopping centers and the definition states that hotels and motels may also be appropriate. For purposes of analysis, the residential development in this Alternative is not assumed to be age restricted.

The City’s General Plan considers the amount of land typically needed for streets and estimates the resulting amount of development based on the remaining amount of land. For the 457 acres designated Medium Density Residential, the estimate of the land available for residential development after accounting for the amount of land typically required for streets, rights-of-ways, and easements would be approximately 414 acres. The estimated number of residential units is based on applying the allowed 4 units per acre to 414 acres. For the smaller 40 acre area designated for High Density Residential uses, about an acre would be required for streets and 39 acres would be available for development. The estimated number of residential units is based on applying the allowed 9 units per acre to 39 acres.

About 5 acres of the 80 acres designated for commercial uses would typically be required for streets and the estimate of commercial development is based on applying the 0.35 FAR to 75 acres.

A total of 2,007 residential units and approximately 1.15 million square feet of commercial development would occur with this Alternative as compared to the 2,406 residential units and approximately 3.1 million square feet of commercial development the proposed Section 24 Specific Plan would allow. This 12-251

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Alternative includes about 400 fewer residential units and 1.9 million square feet less of commercial development than the Project.

Summary of Comparative Impacts
Alternative 2 would result in incrementally reduced impacts when compared to the Project with respect to operation-related impacts to air quality, noise, demand for library services, recreation, traffic and transportation, and utilities and service systems. Impacts related to Alternative 2 would be similar to aesthetics, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, population and housing, and fire and law enforcement services. Alternative 2 would result in greater impacts when compared to the Project on school services. No significant air quality or noise impacts would be avoided or substantially reduced by this Alternative.

3. Alternative 3—County General Plan
The County General Plan Alternative would allow for the development of the Project Site according to the County of Riverside (County) General Plan, which has a greater portion of the Site designated for commercial development than the Project as the General Plan designates 337 gross acres for commercial uses with a FAR of 0.35. The County’s General Plan considers the amount of land typically needed for streets and estimates the resulting amount of development based on the remaining amount of land. For the 337 acres designated for Commercial Uses, the estimate of the land available for residential development after accounting for the amount of land typically required for streets, rights-of- ways, and easements would be approximately 252.75 acres. The 240 gross acres of residential development associated with Alternative 3 would only include Medium Density Residential uses.

Since the age restriction in the residential development land use designations would be removed for this site, the Medium Density Residential units will not be analyzed as an active adult community. A total of 1,200 residential units and approximately 3.9 million square feet of commercial development is allowed when compared to the 2,406 residential units and 3.1 million square feet of commercial development allowed under the Project. This results in a reduction of 1,206 fewer residential units (about a 50 percent reduction) and approximately 800,000 square feet more of total commercial square footage.

As with the Project, Alternative 3 would create a cohesive mixture of residential and commercial land uses with the incorporation of open space and recreational uses. This Alternative would still provide for restaurant and office/services and hotel uses within the commercial use designations. The substantial reduction in residential uses would result in a large reduction of direction population growth generated under this Alternative.
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Summary of Comparative Impacts
Alternative 3 would result in incrementally reduced impacts when compared to the Project with respect to the demand for library services, demand on recreational facilities, and sewer demand. Impacts related to Alternative 3 would be similar to biological resources, cultural resources, geology and soils, greenhouse gas emissions (albeit a larger amount of emissions), hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, fire and law enforcement services. Alternative 3 would result in greater impacts in comparison to the Project with respect to aesthetics along Dinah Shore Drive, operational air quality emissions, greenhouse gas emissions, schools, traffic, water demand, and solid waste. The Project’s significant air quality or noise impacts would not be avoided or substantially reduced by this Alternative. It should be noted that this Alternative results in PM10 and PM2.5 exceeding the SCAQMD thresholds, which would not result from the Project.

4. Alternative 4—Project with all Standard Residential Development This Alternative would include the proposed land use plan as identified in the Section 24 Specific Plan; however, the 55 and above age restriction associated with the 1,200 single family homes within Planning Area 8 would be removed. Therefore, this age restriction in the residential development land use designations will not be analyzed as an active adult community. The Project would still be implemented with each of the eight Planning Areas with the same land uses as established by the Section 24 Specific Plan.

The commercial designated land uses within Tribal Planning Areas 1 to 7 would still provide for restaurant and office/services and hotel uses and a mixture of single- and multi-family attached residential dwelling units and Planning Area 8 would still provide for single-family detached residential dwelling units. Additionally, Alternative 4 would incorporate the 13 total acres of open space and recreational opportunities throughout the Site as established in the Section 24 Specific Plan, such as parks, walkways and jogging paths, enhanced streetscapes, courtyards, and plazas to provide gathering spaces for people shopping, eating, or just enjoying the atmosphere. A population increase is anticipated to occur under this Alternative as a result of the removal of the 55 and older age restriction.

Thus, there would be an increased demand for public services and utilities.

Summary of Comparative Impacts
Alternative 4 would result in similar impacts when compared to the Project. Incremental increases in impacts not identified as significant include air quality, greenhouse gas emissions, noise, schools, libraries, recreation, traffic and transportation, and water demand. The significant air quality and noise 12-253

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impacts would not be avoided or substantially reduced by this Alternative, but rather, would be comparatively greater than the Project.

5. Alternative 5—Reduced Intensity Alternative
Alternative 5 considers implementation of the Project as proposed, with the intensity of all land uses reduced by 25 percent. This Alternative would include the development of 900 residential dwelling units within Planning Area 8, 904 total residential dwelling units within Tribal Planning Areas 1B, 2B, 5, 6B, and 7B, 953,700 square feet of Resort Flex uses, 582,750 square feet of Retail uses, and 817,500 square feet of Mixed-Use Core uses.

Under Alternative 5, the layout of the land uses would not change as compared to the Project. As a result of the 25 percent reduction of the amount of development on the Project Site, the construction duration of this Alternative would also be reduced. In addition, a reduction in the amount of residential dwelling units and commercial uses would reduce the amount of direct population growth and visitors that would be introduced to the Project Site, thus decreasing the demand for public services and utilities. While the acreage of open space and recreational uses required in accordance with the Section 24 Specific Plan would be reduced due to the decreased population generation, Alternative 4 would provide for an increased amount of open space and recreational opportunities. The 25 percent reduction in development on the 577 acre Project Site would allow for the ability to integrate more parks, walkways and jogging paths, enhanced streetscapes, courtyards, and plazas throughout the design of the site.

Summary of Comparative Impacts
Alternative 5 would result in a substantial reduction in air quality and vehicle-related noise during operation of the Project. Impacts related to Alternative 5 would be similar to aesthetics, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, vehicle noise, population and housing, public services, recreation, traffic, and utilities and service systems. Alternative 5 does substantially reduce identified air quality and construction noise impacts; however, it does not avoid these significant impacts.

6. Environmentally Superior Alternative
As previously discussed, analysis of a reasonable range of alternatives is required by both NEPA and CEQA. The purpose of the Alternatives analysis is to explain potentially feasible ways to avoid or minimize the significant effects identified for the Project. Furthermore, State CEQA Guidelines, Section 15126.6(e)(2) requires an EIR, or for this Project the EIS, to identify an environmentally superior 12-254

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alternative among those evaluated in an EIR. As stated throughout this document, this Draft EIS is also complying with the State CEQA Guidelines for the purposes of environmental analysis.

Of the alternatives considered in this Draft EIS Section, the No Project/No Development Alternative is environmentally superior to the other alternatives, because this alternative would avoid the significant and unavoidable impacts identified for the Project.

According to the State CEQA Guidelines, if the No Project/No Development Alternative is identified as the environmentally superior Alternative, the EIS shall also identify an environmentally superior Alternative among the other Alternatives. Of the other Alternatives considered, Alternative 5, a 25 Percent Reduced Intensity Project, would be considered environmentally superior, because it would result in the greatest incremental reduction of the overall level of impact when compared to the Project.

Alternative 5 would reduce, but not avoid or reduce to a level of less than significant, the significant construction and operational air quality impacts related to VOCs, NOx, and CO, and the construction noise impacts identified for the Project.

While the Reduced Project Density Alternative would include all of the components proposed by the Project, such components would be reduced under this Alternative. A reduction in the number of homes would result in a 25 percent reduction in the amenity package as the reduced number of homes would not be able to support the level of amenities offered by the Project. As such, the 25 Percent Reduced Intensity Alternative would not be as effective in meeting the Project’s purpose to create a regional destination development that stimulates economic development opportunities for the Agua Caliente Band of Cahuilla Indians and the greater community.

This Alternative would develop all of the components proposed by the Project, this Alternative would be consistent with the objective to establish a vibrant, unified vision for the Specific Plan, and plan for an appropriate mix of commercial, hotel, entertainment, office and residential uses, in order to meet the trade area’s growing demand. However, since this Alternative would develop 75 percent of the Project and those amenities offered by the Project, this objective would not be achieved to the same extent as the Project.

Overall, the 25 Percent Reduced Intensity Alternative would not meet the Project’s purpose and the objectives that support the Project’s purpose to the same extent as the Project.

E. AREAS OF CONTROVERSY AND ISSUES TO BE RESOLVED
Some issues of concern were expressed through responses to the Notice of Intent (NOI). Concerns were expressed about the impact of future development near the railroad corridors, as addressed in Section 12-255

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5.7, Hazards and Hazardous Materials. Potential archaeological resource impacts are addressed in Section 5.4, Cultural Resources and would be mitigated to less than significant with Mitigation Measures. Stormwater and domestic water and sanitation system improvements relating to the Project are addressed in Section 5.8, Hydrology and Water Quality, Section 5.15.1, Utilities and Service Systems – Water Service, and Section 5.15.2 Utilities and Service Systems - Sewer. Project Design Features and Mitigation Measures would reduce potential Project impacts to stormwater, flood facilities, water and sanitation systems to less than significant. Potential air quality impacts have been addressed in Section 5.2, Air Quality and potential greenhouse gas emissions have been addressed in Section 5.6, Greenhouse Gas Emissions. Project Design Features and Mitigation Measures have been identified to reduce impacts; however, potential construction- and operation-related impacts to regional air quality were identified. Project Design Features and Mitigation Measures would reduce greenhouse gas emissions impacts to less than significant. The Project was found to be consistent with regional and local policies, as addressed in Section 5.9, Land Use and Planning. Utilities and service system impacts have been addressed in Section 5.15, Utilities and Service Systems. Public transportation impacts are addressed in Section 5.14, Traffic and Transportation. All other related potential impacts resulting from the Project have been addressed throughout this Draft EIS. Impacts that would remain significant even with implementation of Project Design Features and Mitigation Measures include air quality and vehicular-related noise impacts.

F.SUMMARY OF ENVIRONMENTAL IMPACTS, PROJECT DESIGN FEATURES,

AND MITIGATION MEASURES
A summary of the potential environmental impacts of the Project and the features of the Project and the measures identified to mitigate these impacts is provided below for each topic addressed in this Draft EIS. Table 2.0-1, Summary of Project Impacts, summarizes the significance of the impacts of the Project based on the information and analysis in Section 5.0 of this Draft EIS. 12-256

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12-258

2. 0

S
u
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m
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r
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d
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C
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2. 0
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c
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p
e
c
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f
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l
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n

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c
t

04 4
-00
1 -13

No
v
e
m
b
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r
20 1
4 Pr
o
j
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c
t

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m
p
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c
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s
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n

F
e
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5 .
1 -1
t
h
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g
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P
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5 .
1 -10

w
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h
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t
h
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g
n
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f
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c
a
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t

12-259

2. 0

S
u
m
m
a
r
y

Me
r
i
d
i
a
n

C
o
n
s
u
l
t
a
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t
s

2. 0
-
2 0

Se
c
t
i
o
n

2 4

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p
e
c
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f
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c

P
l
a
n

Pr
o
j
e
c
t

04 4
-00
1 -13

No
v
e
m
b
e
r
20 1
4 Pr
o
j
e
c
t

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m
p
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c
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s

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p
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c
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h
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p
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wit
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po
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m
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p
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t

b
l
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n
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s
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d

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a
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r
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S
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r
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r
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P
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ar
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w
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l

n
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t

h
a
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e

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n
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f
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c
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i
m
p
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c
t
.

Ac
c
o
r
d
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n
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l
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m
p
a
c
t
s

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o
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l
d

b
e

l
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s

t
h
a
n

si
g
n
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f
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c
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n
t
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Ai
r

Q
u
a
l
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t
y

Sh
o
r
t
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e
m
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n
s

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w
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n
s
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P
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w
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So
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M
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D
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C
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Q
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D
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v
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o
r
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c

c
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m
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s

(
V
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C
s)
th
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h
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f
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r

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m
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f
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t
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e

T
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b
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l

Pl
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n
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A
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d

P
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t

B
u
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sc
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s
.

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m
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d

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P
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A
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A
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T
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P
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A
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d
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P
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Bu
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sc
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w
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P
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t

De
s
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n

F
e
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s

(
P
D
F
)

5 .
2 -1
t
h
r
o
u
g
h

5 .
2 -7
.

Th
e

P
r
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j
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c
t

w
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c
c
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t

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a
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1 pe
r
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n

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Co
a
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V
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A
s
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f

Go
v
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s

(
CV
A
G
)
b
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d
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r
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s

be
t
w
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n

2 0
0 8

an
d

2 0
3 5
.

T
h
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e

t
o
t
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w
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Po
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Si
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Mi
t
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M
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5 .
2 -1
an
d
MM

5 .
2 -2
sh
a
l
l

b
e

i
m
p
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e
m
e
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t
e
d
.

Si
g
n
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f
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c
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t

a
n
d

Un
a
v
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a
b
l
e

12-260

2. 0

S
u
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m
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Me
r
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d
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n

C
o
n
s
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2. 0
-
2 1

Se
c
t
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o
n

2 4

S
p
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c
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f
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c

P
l
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n

Pr
o
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t

04 4
-00
1 -13

No
v
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m
b
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r
20 1
4 Pr
o
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t

I
m
p
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s

Im
p
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wit
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Mi
t
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n

M
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p
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wit
h

Mi
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pr
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CV
A
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a
s

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b
y

S
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Ca
l
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A
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f

G
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m
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(S
C
A
G
)
.

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e

d
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S
p
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P
l
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w
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re
s
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p
o
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t
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n
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h
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g
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d

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m
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pr
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j
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c
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n
s

c
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t

w
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t
h

SC
A
G

pr
o
j
e
c
t
i
o
n
s
.

Wh
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l
e

d
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p
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S
p
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c

P
l
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n

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re
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t

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s
h
o
r
t
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g
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l

a
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d

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im
p
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s
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P
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t

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n
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g
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s

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S
t
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e

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n
d

f
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l

a
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r

q
u
a
l
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t
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st
a
n
d
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r
d
s
.

Th
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r
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f
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,

th
e

P
r
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t

w
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d

b
e

co
n
s
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s
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t

w
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h

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h
e

p
r
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n
s

i
n

t
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e

A
Q
M
P
.

Co
n
s
t
r
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t
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n

a
n
d

o
p
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r
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t
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e
m
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s
s
i
o
n
s

w
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l
d

n
o
t

ex
c
e
e
d

S
C
A
Q
M
D

t
h
r
e
s
h
o
l
d
s

f
o
r

su
l
f
u
r

o
x
i
d
e
s

(SO
x
),
pa
r
t
i
c
u
l
a
t
e

m
a
t
t
e
r

(
PM
1 0
),
a
n
d

fi
n
e

pa
r
t
i
c
u
l
a
t
e

m
a
t
t
e
r

(
PM
2 .
5 )
wi
t
h

PD
F

5 .
2 -1
th
r
o
u
g
h

P
D
F

5 .
2 -7
.

H
o
w
e
v
e
r
,

c
o
n
s
t
r
u
c
t
i
o
n

em
i
s
s
i
o
n
s

w
o
u
l
d

e
x
c
e
e
d

t
h
e

S
C
A
Q
M
D

th
r
e
s
h
o
l
d

fo
r

VO
C
s,

an
d

o
p
e
r
a
t
i
o
n

e
m
i
s
s
i
o
n
s

w
o
u
l
d

e
x
c
e
e
d

SC
A
Q
M
D

t
h
r
e
s
h
o
l
d

f
o
r

V
O
C
s,
N
O
x
,

a
n
d

C
O
.

Th
e

pr
i
m
a
r
i
l
y

s
o
u
r
c
e

o
f

o
p
e
r
a
t
i
o
n
a
l

e
m
i
s
s
i
o
n
s

w
o
u
l
d

g
e
n
e
r
a
t
e
d

m
o
b
i
l
e

s
o
u
r
c
e
s

a
s

r
e
s
u
l
t
o
f

no
r
m
a
l

d
a
y
-to
-da
y

a
c
t
i
v
i
t
i
e
s

t
h
e

P
r
o
j
e
c
t

Sit
e
.

Mo
b
i
l
e

em
i
s
s
i
o
n
s

w
o
u
l
d

b
e

g
e
n
e
r
a
t
e
d

b
y

t
h
e

mo
t
o
r

v
e
h
i
c
l
e
s

t
r
a
v
el
l
i
n
g

t
o

a
n
d

f
r
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m

t
h
e

P
r
o
j
e
c
t

Sit
e
.

Po
t
e
n
t
i
a
l
l
y

Si
g
n
i
f
i
c
a
n
t

5 .
2 -1

Th
e

c
o
n
t
r
a
c
t
o
r

s
h
a
l
l

i
n
c
o
r
p
o
r
a
t
e

t
h
e

f
o
l
l
o
w
i
n
g

i
n
t
o

co
n
s
t
r
u
c
t
i
o
n

p
l
a
n
s

a
n
d

s
p
e
c
i
f
i
c
a
t
i
o
n
s
,

w
h
i
c
h

s
h
a
l
l

b
e

im
p
l
e
m
e
n
t
e
d

t
o

r
e
d
u
c
e

V
O
C

em
i
s
s
i
o
n
s

r
e
s
u
l
t
i
n
g

f
r
o
m

ap
p
l
i
c
a
t
i
o
n

o
f

a
r
c
h
i
t
e
c
t
u
r
a
l

c
o
a
t
i
n
g
s
:

•
Co
n
t
r
a
c
t
o
r
s

s
h
a
l
l

u
s
e

h
i
g
h
-pr
e
s
s
u
r
e
,

l
o
w
-vo
l
u
m
e

(H
P
L
V
)

p
a
i
n
t

a
p
p
l
i
c
a
t
o
r
s

w
i
t
h

m
i
n
i
m
u
m

t
r
a
n
s
f
e
r

ef
f
i
c
i
e
n
c
y

o
f

a
t

l
e
a
s
t

5 0

p
e
r
c
e
n
t
.

•
Co
a
t
i
n
g
s

a
n
d

s
o
l
v
e
n
t
s

w
i
t
h

V
O
C

c
o
n
t
e
n
t

l
o
w
e
r

th
a
n

r
e
q
u
i
r
e
d

u
n
d
e
r

R
u
l
e

1 1
1 3

s
h
a
l
l

b
e

u
s
e
d
.

•
Co
n
s
t
r
u
c
t
i
o
n

a
n
d

b
u
i
l
d
i
n
g

m
a
t
e
r
i
a
l
s

t
h
a
t

d
o

n
o
t

re
q
u
i
r
e

p
a
i
n
t
i
n
g

s
h
a
l
l

b
e

u
s
e
d

t
o

t
h
e

e
x
t
e
n
t

f
e
a
s
i
b
l
e
.

•
Pr
e
p
a
i
n
t
e
d

c
o
n
s
t
r
u
c
t
i
o
n

m
a
t
e
r
i
a
l
s

s
h
a
l
l

b
e

u
s
e
d

t
o

th
e

e
x
t
e
n
t

f
e
a
s
i
b
l
e
.

5 .
2 -2

Co
n
s
t
r
u
c
t
i
o
n

e
q
u
i
p
m
e
n
t

e
n
g
i
n
e
s

s
h
a
l
l

ut
i
l
i
z
e

T
i
e
r

4 en
g
i
n
e
s

o
r

b
e
t
t
e
r
.

Si
g
n
i
f
i
c
a
n
t

a
n
d

Un
a
v
o
i
d
a
b
l
e

Th
e

P
r
o
j
e
c
t

w
o
u
l
d

r
e
s
u
l
t

i
n

c
u
m
u
l
a
t
i
v
e
l
y

co
n
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12-261

2. 0

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04 4
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1 -13

No
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12-262

2. 0

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-00
1 -13

No
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1 -13

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1 -13

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.

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t

Rancho Mirage City CouncilOctober 19, 2023

Rancho Mirage City Council
October 19, 2023