landscape, and related site improvements to support the first phase of development within the Catino Town Center.
PLANNING COMMISSION
On October 26, 2023, the Planning Commission conducted a duly noticed public hearing to consider the project. Staff presented an overview of the proposed project. As part of the presentation, staff recommended Condition of Approval #42 be revised to "prior to certificate of occupancy" instead of "prior to building permit" as requested by the Public Works Department.
As summarized in the minutes attached to this report, the Commissioners' asked questions to which staff answered. The applicant's representatives answered questions related to the project's operations. As recommended by the Planning Commission staff report and draft minutes are included in Attachments 4 and 5.
After due consideration of the staff report, presentation, and public testimony, the Planning Commission made the following motion:
MOVED/SECONDED BY CURRAN/CHANTER TO RECOMMEND THAT THE CITY COUNCIL:
A. FIND PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0003 TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15162 (SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS); AND,
B. APPROVE PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0003,
SUBJECT TO THE CONDITIONS OF APPROVAL WITH STAFF'S
RECOMMENDED REVISION AND BASED ON THE CONTENT AND FINDINGS IN THE STAFF REPORT.
MOTION CARRIED 5/0
ENVIRONMENTAL ASSESSMENT
The proposed project is exempt from CEQA pursuant to CEQA Guidelines Section 15162 (Subsequent El Rs and Negative Declarations). On December 5, 2019, the Rancho Mirage City Council certified the Section 31 Specific Plan Environmental Impact Report (State Clearinghouse Number 2018081074). The proposed project is a request to construct a 13,050-square-foot two- story building and the Phase 1 Master Infrastructure for the Town Center. The current request does not propose to amend the project boundaries, uses, or development intensities of the original approvals. The proposed project is in substantial conformance with the adopted Section 31 Specific Plan and no potential new impacts related to the proposed project have been identified that would necessitate further environmental review beyond the impacts and issued disclosed and evaluated under the certified Environmental Impact Report (EIR).
AGENDA ITEM#
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DATE: November 16, 2023
EA23-0008 and PDP23-0003
JUSTIFICATION OR INFORMATION CONTINUED
CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) provides that when an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that there are no new significant environmental effects due to a change in the project or circumstances, and there is no new information of substantial importance as identified in CEQA Guidelines Section 15162(a)(3). The proposed project is a request to construct a two-story building North Restaurant building, which the uses proposed are permitted by right pursuant to Table 12 of the Section 31 Specific Plan and complies with the applicable development standards. The project also includes the Phase 1 Master Infrastructure for the Town Center, which also complies with the applicable development standards of the Section 31 Specific Plan. The current request does not propose to amend the project boundaries, uses , or development intensities of the original approvals . The proposed project is in substantial conformance with the Section 31 Specific Plan and certified EIR. Based on the City's analysis, no subsequent EIR, supplemental EIR, or subsequent mitigation negative declaration is required . No further environmental review is required.
NOTICE OF PUBLIC HEARING
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 1,000-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 1000 feet as measured from the exterior boundaries of the subject parcel.
On November 1, 2023, public hearing notices were mailed to property owners within a 1,000- foot radius of the parcel boundary 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 November 5, 2023 . Any information addressed to the City Council, but received after the 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.
ATTACHMENT(S):
1 . Aerial Photo
2. Public Hearing Notice
3. Draft Notice of Exemption
4. Planning Commission Staff Report dated October 26, 2023 (Without Attachments)
5. Planning Commission Draft Meeting Minutes dated October 26, 2023
6. Exhibit Booklet
AGENDA ITEM#
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ATTACHMENT 1
Environmental Assessment Case No. EA23 -0008
Preliminary Development Plan Case No. PDP22-0003
North Restaurant and Town Center Phase 1 Master Infrastructure of Section 31 (Catino)
Aerial
11-5
ATTACHMENT 2
~ CITY OF RANCHO MIRAGE
Planning Division
69-825 Highway 111
Rancho Mirage, CA 92270
Phone 760/328-2266
PUBLIC HEARING NOTICE
CITY COUNCIL REGULAR MEETING
THURSDAY, NOVEMBER 16, 2023-1:00 P.M.
Environmental Assessment Case No. EA23-0008
Preliminary Development Plan Case No. PDP23-0003
North Restaurant and Town Center Phase 1 Master Infrastructure of Section 31 (Cotino)
Applicant:
Request:
Location:
DMB Development LLC on behalf of ECRM Residential
Consideration to construct a two-story 13,050 square foot restaurant and the Town Center Phase 1 Master Infrastructure of Section 31 (Catino), which includes the development of streets, parking, landscape, and related infrastructure to support the first phase of the development within the Section 31 (Catino) Town Center .
Approximately 740 feet south from the intersection of Monterey Avenue and Gerald Ford Drive within Section 31 (Catino); Lots 184 and 185 of Tract Map 38291 and APN: 685-220-033
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the City of Rancho Mirage CITY COUNCIL RE: consideration of the above referenced application pursuant to Rancho Mirage Municipal Code Title 17. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162 , the previously certified Environmental Impact Report for the Section 31 Specific Plan (SCH No. 2018081074) is still valid . No further environmental review is required .
The Public Hearing will be held on Thursday, November 16, 2023, at 1 :00 p.m., in the Council Chamber, 69-825 Highway 111, Rancho Mirage, California, at which time and place pertinent testimony will be heard . The file, including all environmental information, is available for public inspection at City Hall, Monday through Friday, between 8 a.m. and 5 p.m .
Written testimony may be submitted to the City Clerk via email to [email protected] , or mailed to City of Rancho Mirage, ATTN: City Clerk, 69-825 Highway 111, Rancho Mirage, CA 92270 . Written testimony must be received no later than 10 :00 a.m. on the day of the 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
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EA23-0008 & PDP23-0008 November 16, 2023
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 .
CITY OF
RANCHO
MIRAGE
Vicinity Map -Not to Scale
GERALD FORD DR IVE
SITE
COTINO
I CITY OF
PALM I DESERT
I
--+----F=RA_N_,.,.K-,-SIN-A=TR-,-A.,-,DR,-. ------1-J
VICINITY MAP
N.T.S .
11-7
Phone 760/328-2266
Community Development Department
69-825 Highway l l l
Rancho Mirage CA 92270
NOTICE OF EXEMPTION
ATTACHMENT 3
Fax 7 60/324-985 l
To: D Office of Planning and Research
P.O. Box 3044
IZJ Chief Deputy County Clerk
3470 12th Street
Sacramento, CA 95812 -3044 Riverside , CA 92501
Project Title/Case Nos. Environmental Assessment Case No. EA23-0008 and Preliminary Development Plan Case No . PDP23-0003
Project Location:
Approximately 740 feet
south from the intersection
of Monterey A venue and
Gerald Ford Drive, on the
west side of Monterey
A venue ; Lots 184 and 185
of Tract Map 38291 and
APN: 685-220-033
Applicant/Representative:
DMB Development LLC
7600 East Doubletree Ranch Road STE 250
Scottsdale, AZ 85258
Project Description:
Consideration to construct a two-story
13,050 square foot restaurant and the
Town Center Phase 1 Master
Infrastructure of Section 31 (Catino),
which includes the development of
streets, parking, landscape, and related
infrastructure to support the first phase
of the development within the Catino
Town Center.
Name of Public Agency Approving Project: Name of Person or Agency Carrying Out Project:
City of Rancho Mirage Pilar Lopez
Senior Planner
Exempt Status: ( check one)
D Ministerial (Sec. 2108o(b)(1); 15268); D Declared Emergency [Sec. 2108o(b)(3); 15269(a)] D Emergency Project [Sec. 2108o(b)(4); 15269(b)(c)]; D Statutory Exemption; Code Nl2 _____ _ D Categorical Exemption. State type and Section number:
0_other. State Type and Section number: This Project is exempt from the requirements of CEOA pursuant to CEOA Guidelines Section 15162. On December 5, 2019, the Section 31 Specific Plan Environmental Impact Report (EIR) was certified (SCH# 2018081074).
Reasons why project is exempt: The proposed project is a request to construct a 13,050 square foot two-story building and the Phase 1 Master Infrastructure for the Town Center. The current request does not propose to amend the project boundaries, uses, or development intensities of the original approvals. The proposed project is in substantial conformance with the adopted Section 31 Specific Plan and no potential new impacts related to the proposed project have been identified that would necessitate further environmental review beyond the impacts and issued disclosed and evaluated under the certified Environmental Impact Report (EIR).
CEOA Guidelines Section 15162 (Subsequent EI Rs and Negative Declarations) provides that when an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project
11-8
unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that there are no new significant environmental effects due to a change in the project or circumstances, and there is no new information of substantial importance as identified in CEOA Guidelines Section 15162(a)(3). The proposed project is a request to construct a two-story building North Restaurant building, which the uses proposed are permitted by right pursuant to Table 12 of the Section 31 Specific Plan and complies with the applicable development standards. The project also includes the Phase 1 Master Infrastructure for the Town Center, which also complies with the applicable development standards of the Section 31 Specific Plan. The current request does not propose to amend the project boundaries, uses, or development intensities of the original approvals. The proposed project is in substantial conformance with the Section 31 Specific Plan and certified EIR. Based on the City's analysis, no subsequent EIR, supplemental EIR, or subsequent mitigation negative declaration is required .
No further environmental review is required.
Lead Agency Contact Person: Pilar Lopez, Senior Planner Telephone No. (760) 328-2266 Date: November 16, 2023
Pilar Lopez, Senior Planner
~ Signed by Lead Agency Date Received for filing at OPR: ________________ _
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ATTACHMENT 4
STAFF REPORT
CONDITION OF APPROVAL #42 HAS BEEN REVISED
TO: Planning Commission DATE: October 26, 2023
FROM: Pilar Lopez, Senior Planner
SUBJECT: Environmental Assessment Case No. EA23-0008 and Preliminary Development Plan Case No . PDP22-0003 -North Restaurant and Town Center Phase 1 Master Infrastructure of Section 31 (Catino)
SPECIFIC REQUEST OR RECOMMENDATION
Staff recommends that the Planning Commission :
A. Recommend that the City Council find Preliminary Development Plan Case No. PDP23- 0003 to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15162 (Subsequent EIRs and Negative Declarations); and, B. Recommend that the City Council approve Preliminary Development Plan Case No.
PDP23-0003, subject to the conditions of approval and based on the content and findings in the staff report.
ATTACHMENTS
1. Aerial Photo
2. Public Hearing Notice
FACTS
1. Applicant:
2. Purpose of Request:
3 . Location:
Planning Commission Staff Report
3. Draft Notice of Exemption
4. PDP23-0003 Exhibit Booklet
DMB Development LLC on behalf of ECRM
Residential
Consideration to construct a two-story 13,050
square foot restaurant and the Town Center Phase
1 Master Infrastructure of Section 31 (Catino},
which includes the development of streets, parking,
landscape, and related infrastructure to support the
first phase of the development within the Catino
Town Center.
Approximately 7 40 feet south from the intersection
of Monterey Avenue and Gerald Ford Drive, on the
west side of Monterey Avenue; Lots 184 and 185 of
Tract Map 38291 and APN: 685-220-033
AGENDA ITEM#
11-10
DATE: October 26, 2023 EA23 -0008 and PDP23 -0003 Page 2 of 23 JUSTIFICATION OR INFORMATION CONTINUED:
4. Parcel Size:
5 . Existing Streets:
6 . Existing Land Use:
7. Existing General Plan/Zoning:
8. Surrounding Land Use:
9. Surrounding General Plan/Zoning:
10. Environmental Information :
11. Application Deemed Complete:
SUMMARY
33 .18 acres/ 1,445,422 square feet
Gerald Ford Drive to the north, Monterey Avenue to
the east.
Vacant land
Mixed Use (M-U), Section 31 Specific Plan (Town
Center Planning Area)
N: Vacant land
E: Resort and country club (Marriott's Shadow
Ridge Golf Club in the City of Palm Desert)
S: Vacant land
W: Vacant Land
N: Mixed Use (M-U), Section 31 Specific Plan
(Town Center Planning Area)
E: City of Palm Desert
S: Mixed Use (M -U), Section 31 Specific Plan
(Town Center Planning Area and Lagoon)
W: Mixed Use (M-U), Section 31 Specific Plan
(Town Center Planning Area and Residential)
This Project is exempt from the requirements of
CEQA pursuant to CEQA Guidelines Section
15162. On December 5, 2019, the Section 31
Specific Plan Environmental Impact Report (EIR)
was certified (SCH# 2018081074). The proposed
Project is consistent with the adopted Specific Plan
and no potential new impacts have been identified
that would require further environmental review .
October 10, 2023
The applicant, DMB Development LLC, and owner, ECRM Residential, are requesting approval of a Preliminary Development Plan application to develop a two -story 13,050 square foot building and the Phase 1 Master Infrastructure for the Town Center . The total subject site is approximately 33 acres. The two-story building will have multiple functions as a main-level restaurant accessible from the Town Center and as a beach -level amenity and support building for the public beach patrons and staff.
The main level is a waterfront restaurant overlooking the lagoon and beach. The dining areas include an exterior trellis -covered deck and an interior room with high clerestory windows . The beach level consists of a small walk-up beach server with its own kitchen. Additional beach-level spaces include public beach restrooms, rental and storage areas for the beach patrons and staff.
The remainder of the level on the north side is dedicated to the heated swim zone equipment and back-of-house areas. Site improvements for the two-story building will include a private service road to the lagoon, an enclosed service yard with vehicle access, and landscape improvements.
Planning Commission Staff Report AGENDA ITEM#
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DATE: October 26, 2023 EA23-0008 and PDP23 -0003 Page 3 of 23 JUSTIFICATION OR INFORMATION CONTINUED:
The Town Center Phase 1 Master Infrastructure of Section 31 (Catino) includes the interior streets, Gallery View Way, Illustration Way, and Painted Shore Drive, 556 parking spaces, landscape, and related site improvements to support the first phase of development within the Catino Town Center .
BACKGROUND
Section 31 consists of roughly one square mile of undeveloped land located centrally in the heart of the Coachella Valley . In 1977, the site was sold by the Annenberg Estate to investors which fractured sole ownership of the property into a 60/40 split. In 1993, The Eagle Specific Plan ("The Eagle") was adopted for the project site . The Eagle proposed a golf course community of approximately 650 acres, which included associated residential, recreational, and commercial uses within the project area. Due to financing challenges and bankruptcy of one of the property's former owners , Section 31 never developed, and The Eagle Specific Plan was never implemented and eventually superseded as part of the 2005 General Plan Update .
In 2017, the current owner, EC Rancho Mirage Holdings Limited Partnership , entered into a contract to purchase Section 31 and began negotiations with the Annenberg Foundation Trust to amend the Covenant Agreement originally executed in 1977 . The Covenant Agreement was amended in December of 2017 and was recorded on the property as the First Amended and Restated Covenant Agreement (DOC #2018 -0115512). In early 2018, the purchase of Section 31 was completed, and shortly thereafter, in May of 2018, an application for the Section 31 Specific Plan was submitted .
The Section 31 Specific Plan ("Specific Plan") was adopted by ordinance by the City Council on December 5, 2019, with the second reading of the ordinance occurring on December 19 , 2019.
The Specific Plan allows the development of a mixed-use community including the following:
resort hotels , a mixed-use town center, residential neighborhoods, a private street system, and recreational open space amenities .
The Specific Plan would enable the development of up to 175,000 square feet of combined office, restaurant, and neighborhood commercial uses, a combined total of 1,932 residential units and hotel -branded residential units, and up to 400 hotel keys. The Specific Plan established four planning areas and three categories of land uses, including the Lagoon (LAG), Mixed -Use Core (M-U CORE), and Residential (RES). The Planning Areas would include a Town Center, along with three separate residential areas. The master plan is designed for sequential construction in multiple phases, corresponding to the infrastructure and product designs for individual Planning Areas and land use types.
On November 4, 2021, the City Council approved the Final Map for Tract Map No . 37856, known as Phase 1 A, for the subdivision of 201 .89 gross acres into 329 residential lots and associated infrastructure located at the southeast corner of Bob Hope Drive and Gerald Ford Drive . The tract map for Phase 1A was subsequently recorded with Riverside County on December 15, 2021.
On July 2022, a Minor Modification Application Permit Case No . MOD22 -0009 was approved by the City for the refinement of the conceptual land use and circulation plans in the Town Center Planning Area located in the northeast quadrant of Section 31. The modification area is in the Planning Commission Staff Report AGENDA ITEM#
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DATE: October 26 1 2023 EA23-0008 and PDP23-0003 Page 4 of 23 JUSTIFICATION OR INFORMATION CONTINUED:
Mixed Use Core/Town Center Planning Area to replace one hotel ("Hotel 1" in the Specific Plan Conceptual Land Use Exhibit) from the Town Center Planning Area with a mix of residential lot types, such as Residential Conventional and Residential Cluster lot types . The Specific Plan allows administrative review of minor modifications, such as changes to the distribution, configuration , and location of residential units within or between Planning Areas, so long as the modifications are consistent with the purpose and intent of the Specific Plan [Section 31 Specific Plan Section 5.12.4 Amendment]. The project site is within the Town Center Planning Area.
On September 1, 2022 , the City Council approved Tentative Tract Map No. TTM 38291, known as Phases 1 B and 1 C, for the subdivision 70.44 acres into 187 single-family residential lots, 4 remainder lots, as well as lots for open space, recreation, private streets, and a CVWD well site.
The Tract Map No . 38291 was subsequently recorded with Riverside County on July 12, 2023 .
A set of design guidelines (Preliminary Development Plan Case No . PDP22-0005) for single - family detached residences in the Cotino development was approved by the City Council on July 6, 2023 .
On October 3, 2023, a Minor Modification Application (Case No. MOD23-0032) was submitted to refine the conceptual land use and circulation plans in 1) the Mixed Use Core/Town Center Planning Area located in the northeast quadrant of Section 31, and 2) the Grand Oasis Promenade. The modifications were proposed in anticipation of a staff operations building and parking area and a refined circulation plan for the pathways surrounding the lagoon . The Specific Plan allows administrative review of minor modifications, such as changes to the distribution, configuration, and location of residential units within or between Planning Areas, so long as the modifications are consistent with the purpose and intent of the Specific Plan [Section 31 Specific Plan Section 5.12.4 Amendment]. The Minor Modification Application was approved as the proposed modifications remain compatible with adjacent uses and is still consistent with the approved Specific Plan .
As of the date of this report, there are various building permits issued for the Specific Plan area, including, but not limited to, the Cotino sales center, perimeter walls, Gerald Ford Drive gatehouse, and a restroom facility for the age -qualified park . The Engineering Division has several permits issued for grading and street improvements.
Site and Surrounding General Plan, Zoning, and Land Uses The Section 31 Specific Plan area is bounded by Gerald Ford Drive to the north, Monterey Avenue to the east, Frank Sinatra Drive to the south, and Bob Hope Drive to the west and is currently undergoing subdivision improvements .
The General Plan and Zoning designation of the subject property is Mixed Use (M-U) and is within the Section 31 Specific Plan . The project site is within the Town Center Planning Area located at the northeast quadrant of the Specific Plan .
The following table describes the surrounding land uses located adjacent to the subject property:
Planning Commission Staff Report AGENDA ITEM#
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DATE: October 26, 2023 EA23-0008 and PDP23 -0003 Page 5 of 23 JUSTIFICATION OR INFORMATION CONTINUED:
General Plan and Zoning Land Use Designation
Project Site Mixed Use (M-U); Section 31 Specific Undeveloped master-planned community Plan, Town Center Plannina Area North Mixed Use (M-U), Section 31 Specific Vacant land Plan (Town Center Plannina Area) Resort and country club (Marriott's
East City of Palm Desert Shadow Ridge Golf Club in the City of Palm Desert)
Mixed Use (M -U), Section 31 Specific
South Plan (Town Center Planning Area and Vacant land
Lagoon)
Mixed Use (M -U), Section 31 Specific
West Plan (Town Center Planning Area and Vacant land
Residential)
Land Use and Town Center Planning Area Development Standards The Section 31 Specific Plan outlines broad design approaches , themes, and administrative procedures for processing development applications. The document also includes an overview of land uses, multi -modal transportation designs, and site development criteria to promote the master planned community's long-term development of innovative and high-quality residences suitable for the desert environment. As established by the Specific Plan, the Town Center Planning Area allows for the development of up to 5 stories or 65 feet, with a maximum lot coverage of 70%. The proposed two -story building will be 31 '-8" and total lot coverage is 0.6%, as proposed the project meets the Town Center Planning Area's development standards.
ANALYSIS
Review Authority (Rancho Mirage Municipal Code Section 17.34.010) Preliminary Development Plan applications require City Council approval. Therefore, the Planning Commission's role in this matter is to forward a recommendation to the City Council for the discretionary entitlement described in this staff report.
Development Plan Permit (RMMC Chapter 17.42)
The purpose of the Development Plan Permit is to establish consistency with the General Plan and protect the integrity and character of the residential and commercial areas of the city . The process ensures that new development yields a pleasant living environment and attracts the interest of residents and visitors as the result of consistent exemplary design.
PDP Exhibit Booklet
North Restaurant -Pages 5 to 20
North Restaurant Master Site Plan -Page 5
The proposed project includes the development of the north restaurant, which will serve as the main restaurant accessible from the future artisan village/town center level. The north restaurant will consist of a 13 ,050 -square -foot building that includes a covered outdoor dining deck.
Planning Commission Staff Report AGENDA ITEM#
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DATE: October 26, 2023 EA23-0008 and PDP23 -0003 Page 6 of 23 JUSTIFICATION OR INFORMATION CONTINUED:
Table 1 -Town Center Planning Area Development Standards Required Proposed
Maximum Lot Coveraoe 70% 0.6%
Maximum Buildino Heioht 5 stories or 65 feet Two stories and 31'-8" Front Setback O' 28'-8"
Side Setback O' 0 .5'
Rear Setback O' 11.4'
As proposed, the north restaurant meets the development standards set for the in the Section 31 Specific Plan for the Town Center Planning Area.
The vehicular entrance for the restaurant will be a valet-only drop off area where decorative pavers along the initial pedestrian walkway allows for a sense of entry. Additional site improvements include a service yard and pathways to access the public beach area .
The service yard will be enclosed with an 8-foot high white stucco block wall and a vehicle access gate will be located on the north access driveway . This enclosed service yard will provide the loading and back of house areas for the proposed restaurant and any future development.
Access stairs and a ramp provide access from the service yard to the main level. The boat ramp and dock were approved under Final Development Plan Permit Case No. FDP23-0001 (Preliminary Development Permit Case No . PDP19004) and are not part of the project.
North Restaurant Floor Plans -Pages 10 & 11
The proposed structure is comprised of a two-story building . The beach level will provide the amenity storage for water and beach rentals, as well as a private access drive, and the public beach restrooms. The beach level has an enclosed square footage of 4,830 square feet. The amenity area is excluded as it is open on three sides. This level also holds the back of the house for the restaurant kitchen, the mechanical rooms for the heated swim zone and elevators and a private staircase provides access to the main floor . An interior 12 -foot wide driveway provides access from the north service road to the beach . This interior driveway will be used only by staff or emergency services to access the public beach area.
Table 2 -Beach Level
Beach Serverv & Kitchen 838 SF
Beach Restrooms 677 SF
Amenity Support 898 SF
Mechanical/ Back of House 1,706 SF
Access Drive 711 SF
Total 4 830 SF
The building's main level is 8,220 square feet and is comprised of a 2,228 square -foot dining porch, with an interior 3,058 square foot dining area, 2,683 square foot kitchen/back of house, and 251 square feet for the elevator and dumbwaiter. The restaurant has a maximum seating of 343 seats; 194 inside seats and 149 outdoor deck seats .
Planning Commission Staff Report AGENDA ITEM#
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DATE: October 26, 2023 EA23 -0008 and PDP23-0003 Page 7 of 23 JUSTIFICATION OR INFORMATION CONTINUED:
Table 3 -Main Level
Interior
Main Dining Area 3,058 SF
Kitchen / Back of House 2,683 SF
Elevator & Dumbwaiter 251 SF
Total Interior 5,992 SF
Exterior
Dining Porch 2,228 SF
Total Exterior 2,228 SF
Total Main Level 8 220 SF
North Restaurant Roof Plan -Page 12
The proposed building will have a flat roof design and contain roof mounted mechanical equipment. A parapet is proposed on the lower roof to provide sufficient mechanical equipment screening.
North Restaurant Elevations -Pages 14 to 18
Given the building's multiple functions, various fac;ade heights and depths are proposed . The beach level heights are taken from the dock and the roof clearance is 11 feet. A mesh screen will wrap around the dining porch and an open trellis is proposed as wood or a material to mimic wood . The building's main fac;ade will be white stucco to be accented with stone, metal, and wood elements.
The applicant proposes a unique wall treatment along the entrance to add to the south elevation's fac;ade. Per Condition of Approval #12, the final wall treatment will be selected and reviewed by the Planning Division with the Final Development Plan submittal.
The west elevation (Attachment 4, see pg. 16) interaction between the beach level amenity area and the public beach is clearly depicted from this viewpoint. This elevation also provides an understanding of how the restaurant is situated in relation to the public beach. There is no immediate access from the beach to the restaurant entry. The south elevation, page 15 of the Exhibit Booklet , will be the most visible to the public utilizing the beach area and includes various treatments and accents such as a lively entry, a wood trellis and shades, and differentiating facades.
The applicant proposes a building height of 20'-8" as measured from the main level pad height, and a total structure height of 31 '-8" measured from the beach level. The Town Center Planning Area allows for up to 5 stories or 65 feet. The proposed building conforms to the height standards .
Table 4 -Town Center Plannina Area Heiaht Standards
I Reauired I Prooosed
Maximum Building Height I 5 stories or 65 feet I 31'-8" Planning Commission Staff Report AGENDA ITEM#
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DATE: October 26, 2023 EA23 -0008 and PDP23-0003 Page 8 of 23 JUSTIFICATION OR INFORMATION CONTINUED:
North Restaurant Color & Materials Board -Page 19
The colors and materials have been selected to emphasize the desert modern architecture while providing interest with a selection of wood and stone accents. Condition of Approval #12 requires the applicant to select all colors and materials including the proposed wall treatment as part of the Final Development Plan submittal.
North Restaurant Landscape -Pages 22-28
The Section 31 Specific Plan established the landscape guidelines, including approved plantings and ground cover . Ground cover is proposed as California Gold gravel, California Gold decomposed granite at 3-inch depth , and concrete paving with decorative pavers at the entrance .
The proposed plant palette is a variety of desert-appropriate plants as approved by the Section 31 Specific Plan . The proposed trees are six (6) date palms, five (5) fan palms and three (3) 24- inch box sweet acaia trees . To complement the trees, flowering desert shrubs such as bougainvillea , green carpet natal plum , and bluebells emu bush are proposed to create a lush desert garden. Outdoor seating furniture will be complemented with concrete seating areas.
Phase 1 Master Infrastructure for Town Center -Pages 30 to 39 Phase 1 Master Infrastructure Site Plan -Page 30
The Master Infrastructure for Phase 1 of the Cotino Town Center is part of the proposed project.
The master infrastructure site plan shows the specifications for the private interior streets, Illustration Way, Painted Shore Drive, and Gallery View Way . Gallery View Way will be a signalized entrance off of Monterey Avenue . The street section typicals, traffic modifications , and signalized improvements will be required to be reviewed and approved by the Director of Public Works per Conditions of Approval #41 and #44 . As part of the Final Development Plan submittal an interim pedestrian pathway plan is required .
The vehicular access to the North Restaurant will be provided by a valet drop-off area that can accommodate up to ten (10) single-stacked vehicles . The proposed parking lot is off-center within Lot 6 of Tract 37563. Access to the parking lot will be off Monterey Avenue via Illustration Way or Gallery View Way. A parking lot and street parking provide for up to 556 parking spaces .
The required parking spaces for the North Restaurant is 103 spaces .
Table 5 -Parking Tabulation
Building Use Vehicle Space Building Area Spaces Spaces Provided Requirement (SF) Required
per SP 31
Table 11
Standard ADA E.V.
Beach Level N/A 4,830 NIA
Main Level -1 space per 5,992 28
Indoor 80 SF
Main Level -1 space per 2 ,228 75
Outdoor 80 SF
Totals 8 ,220 103 537 15 * 4**
•11 ADA parking spaces required per RMMC Section 17 .26 .060 ••4 Electric Vehicle charging spaces required per RMMC Section 17.26 .030 Planning Commission Staff Report AGENDA ITEM#
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DATE: October 26, 2023 EA23-0008 and PDP23-0003 Page 9 of 23 JUSTIFICATION OR INFORMATION CONTINUED:
ADA Parking
Pursuant to Section 17.26.060 of the RMCC, a proposed project of 501 or more parking spaces shall provide a minimum of 2% of the total count. The project proposes 556 parking spaces, eleven (11) ADA parking spaces are required. The applicant proposes fifteen (15) additional ADA parking spaces within the project area, which will exceed the requirement by four (4) spaces.
Covered Parking
Municipal Code Section 17.26.070 requires a minimum of 25% of the provided parking to be shaded. The applicant proposed up to 44% shade coverage with the proposed Mulga trees.
Phase 1 Master Infrastructure Preliminary Grading Plan & Utility Plan -Page 31 & 32 The subject site has a rough grading permit with the Public Works Department as part of Tract 38291 and 37563 . The preliminary grading plan and utility plan has been reviewed by the Planning Division and the Public Works Department. Conditions of Approval have been included as part of this Staff Report to ensure compliance with utility improvements and any ground- moving activities.
Phase 1 Master Infrastructure Landscape -Pages 34 to 39 As with the North Restaurant landscape plans, the proposed plant selection and ground cover comply with the Specific Plan's landscape guidelines . Page 35 of the Exhibit Booklet shows a typical landscape section for Gallery View Way , a main entry street off Monterey Avenue.
California Fan Palms line the drive aisle while trees consisting of Desert Museum Palo Verde and Mesquite add shade to the entrance of the parking lot area. Monterey Avenue's streetscape is proposed to be a combination of Mesquite trees with California Fan Palms intermixed with aloes and Fairy Duster Shrubs. The entrance off Monterey Avenue into Gallery View Way, has a landscape island and additional Mesquite trees . The typical sections shown are preliminary and additional plants may be added once a Final Development Plan is submitted to the Planning Division.
ARCHITECTURAL REVIEW WORKING GROUP (ARWG)
On October 11, 2023, the proposed project was presented to the Architectural Review Working Group (ARWG). Staff provided an overview of the project and opened the discussion. The applicant's team shared a presentation on the overall location of the North Restaurant and its relation to the future Town Center as well as provided answers to the ARWG's questions. The ARWG raised questions related to ADA parking spaces, additional architecture accents, and final material selection . Condition of Approval #12 has been added to ensure the final selections of materials and architectural accents are reviewed by staff as part of the Final Development Plan and prior to building permit issuance .
FINAL DEVELOPMENT PERMIT (FOP)
Prior to the issuance of any building permits, the applicant shall submit a Final Development Plan and pay the requisite fees. The FOP shall include detailed written responses to each of the project's conditions of approval along with final sets of construction, grading, lighting and landscaping plans.
Planning Commission Staff Report AGENDA ITEM#
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Any revisions that are in substantial compliance with the original project, and do not trigger the need for additional environmental analysis, can likely be reviewed at the staff level through either the FOP process or Minor Modification process . If, however, there are wholesale changes to the project during the FOP review, the applicant shall be required to submit additional applications to modify the entitlement as necessary .
NOTICING REQUIREMENT
Rancho Mirage Municipal Code Section 17 . 7 4. 020 , Hearing and notice , requires that all property owners, as shown on the county's latest equalized assessment roll, within a 1,000-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 October 11, 2023, public hearing notices were mailed to property owners within a 1,000-foot radius of the parcel boundary 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 15 , 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 .
ENVIRONMENTAL DETERMINATION
The proposed project is exempt from CEQA pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations). On December 5, 2019, the Rancho Mirage City Council certified the Section 31 Specific Plan Environmental Impact Report (State Clearinghouse Number 2018081074). The proposed project is a request to construct a 13,050 square foot two - story building and the Phase 1 Master Infrastructure for the Town Center. The current request does not propose to amend the project boundaries, uses, or development intensities of the original approvals. The proposed project is in substantial conformance with the adopted Section 31 Specific Plan and no potential new impacts related to the proposed project have been identified that would necessitate further environmental review beyond the impacts and issued disclosed and evaluated under the certified Environmental Impact Report (EIR).
CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) provides that when an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that there are no new significant environmental effects due to a change in the project or circumstances, and there is no new information of substantial importance as identified in CEQA Guidelines Section 15162(a)(3). The proposed project is a request to construct a two -story building North Restaurant building, which the uses proposed are permitted by right pursuant to Table 12 of the Section 31 Specific Plan and complies with the applicable development standards . The project also includes the Phase 1 Master Infrastructure for the Town Center, which also complies with the applicable development standards of the Section 31 Specific Plan . The current request does not propose to amend the project boundaries, uses, or development intensities of the original approvals. The proposed project is in substantial conformance with the Section 31 Specific Plan and certified EIR. Based on the City 's analysis, no subsequent EIR, supplemental EIR , or subsequent mitigation negative Planning Commission Staff Report AGENDA ITEM#
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declaration is required . No further environmental review is required .
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CONDITIONS OF APPROVAL
Preliminary Development Plan Case No. PDP23-0003
I. GENERAL
1. This approval shall be effective for two (2) years from the date of City Council approval or as determined by the Section 31 Specific Plan Development Agreement (Case No. DA190003, Document No. 2020-0055580), which shall expire on January 18, 2045. A Final Development Plan permit shall be obtained within this specific time period, or the Preliminary Development Plan permit shall become null and void unless the expiration date for the project is extended as provided by Rancho Mirage Municipal Code (RMMC) Section 17.42.130.
2. The development of the subject property shall conform substantially with the approved exhibits contained in Case No. EA23-0008 and PDP23-0003 and all associated cases on file in the Planning Division . This includes all dimensional and size specifications, landscaping, hardscape, design treatments (including color and materials), and the locations of buildings, structures, and plant materials as shown in the exhibit booklet approved with the development plan.
3. Prior to issuance of any permits, the applicant shall acknowledge that the approved project and any or all proposed modifications to the approved project shall be completed in accordance with applicable City Ordinances , Guidelines , and other requirements in effect at the time of building permit issuance , and/or in accordance with the provisions in the Section 31 Specific Plan and Development Agreement.
4. The applicant shall execute a written acknowledgment to the Planning Division stating acceptance of and compliance with all of the Conditions of Approval for this Project and all associated cases , and that the plans submitted are in compliance with the Conditions of Approval. No modifications shall be made to said plans without written approval from the appropriate decision-making body.
5. The Conditions of Approval set forth herein may include certain fees, dedication requirements , reservation requirements , and other exactions . Pursuant to Government Code Section 66020(d)(1 ), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun .
6 . The property owner shall be responsible for implementing the Mitigation Monitoring Program contained within the certified Section 31 Specific Plan Environmental Impact Report, as necessary.
7. All green waste shall be disposed of at a permitted composting facility. The applicant shall undertake or cause to be undertaken such action or actions as are necessary to permit and/or otherwise accommodate the implementation of recycling services. Such action or Planning Commission Staff Report AGENDA ITEM#
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actions may include, but are not limited to : designating and providing adequate area at convenient locations with appropriate access for the placement of dumpsters and/or bin sets; constructing permanent enclosures that meet all requirements of the Code of the City of Rancho Mirage for each dumpster and/or bin set; providing for the security of each dumpster to discourage scavenging, and; providing adequate indoor area at convenient locations for the collection and short-term storage of recyclables . The applicant shall submit a "Recycling Program" that has been reviewed by an agent of the City , which , at a minimum, explains , states or otherwise defines : (1) recyclables generated by type; (2) estimate by pounds for each recyclable generated ; (3) number of dumpsters and/or plastic bin sets (one set equals three "baskets") needed to accommodate estimated recyclables ; (4) location of each dumpster (may be identified on a map attached as an exhibit); (5) method of collection such as curbside at each residential unit or at rear of property by dumpster, etc .; and (6) pick-up schedule for recyclables. The applicant shall provide other such information as may be necessitated by the development proposal.
8. Prior to issuance of occupancy, any mechanical equipment, storage, trash areas, and utilities shall be screened from view from adjacent public rights-of-way and surrounding private property in accordance with RMMC Section 17 .20 .140 . The method of screening shall be architecturally compatible in terms of colors , materials, shape, and size. The screening design and construction shall be subject to the approval of the Development Services Director and shall blend with the design of the structure and include appropriately installed and maintained landscaping when on the ground .
9. All water features shall be maintained in compliance with Ordinance No. 844 . Any water features and fountains shall be equipped with an aerometer so that the spray can be adjusted for wind speed .
10 . The Property Owner shall be responsible for obtaining any necessary permits from public agencies for special events located on the Subject Property. 11 . A sign program or sign program amendment shall be approved prior to issuance of any sign permits .
11. PLANNING DIVISION
12. FINAL DEVELOPMENT PLAN REQUIRED
A Final Development Plan (FOP) shall be required prior to issuance of any grading or building permits . The FOP shall include a complete set of Building Construction Plans, Final Lighting Plans (including cut-sheets with Photometric Plan), Precise Grading Plan, Wall Plans, Final Landscaping and Irrigation Plans, a written response to the project Conditions of Approval , and any other requirements as listed in the FOP application and as required by Planning staff.
A. As part of the FOP application submittal, the applicant shall submit a letter of approval from the City's contracted waste hauler, Burrtec, for the trash bin enclosures design . Said enclosures shall be designed to accommodate trash , recycle, and organic waste receptacles as required by State law .
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B . The Final Development Plan Permit must include all proposed colors and materials, including but not limited to the final wall treatment in the restaurant entry .
13. The Director shall consider the FOP permit application . The Director may approve a FOP permit if it substantially conforms to the Preliminary Development Plan, Section 31 Specific Plan, and associated Conditions of Approval.
14. The approved Preliminary Development Plan may be modified only with City approval in a manner in compliance with RMMC Section 17 .68 .080 Changes to an approved project and the Section 31 Specific Plan.
15 . The project shall be completed in accordance with the ordinances, requirements, guidelines, and other criteria in effect at the time of construction, and/or in accordance with the provisions in the Section 31 Specific Plan and Development Agreement. 16 . All roof vents and plumbing stacks shall be routed to the interior side and/or rear of the structure so as to not be seen from the front building elevation. All vents and stacks shall be of a color compatible with the Planning approved building color(s) and have non - reflective surfaces .
17 . Landscaping, Wall, and Grading Plans shall demonstrate that all electrical transformers , utility pads, cable TV and phone boxes, and similar utility fixtures will be screened, and/or installed underground if required pursuant to RMMC Chapters 12 .16 Underground Utility Lines and 17 .20 General Property and Use Standards .
18. Landscaping . The plans shall be submitted as a Landscape Documentation Package in accordance with Ordinance No. 990, and as amended by Ordinance 1101 . Such Plan(s) shall be consistent with the Preliminary Landscape Plan, and the applicant shall provide evidence that the landscape plan has been reviewed and approved by the Riverside County Office of the Agricultural Commissioner and the Coachella Valley Water District (CVWD) prior to requesting a final inspection. The final landscaping and irrigation plans shall incorporate the use of Evapotranspiration (ET) irrigation "smart" controllers which shall include automatic water scheduling, rain, and temperature sensors . Prior to a final inspection, the landscape contractor shall verify in writing with Planning staff that controllers have been installed , are correctly programmed , and operate with these features . More information on smart controllers can be found at www .irrigation.com.
A. The project landscape architect shall submit written verification that the landscaping and irrigation has been installed per the approved plans .
B. Vegetation with spikes that may be harmful to pedestrians shall be a minimum of three (3) feet away from walkways .
C. The Planning Division reserves the right to request additional landscaping upon final inspection if it is determined that areas are devoid of plant or ground cover material , or the execution of the landscaping plan does not comply with the purpose and intent of the Section 31 Specific Plan and Design Guidelines.
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19. Walls. Where perimeter walls are shown on the development plan they shall be designed with aesthetic relief and be of high-quality architectural design to complement adjacent developments. All top-of-wall elevations and adjacent finish grade elevations for the project perimeter and entry walls shall be subject to review and approval by the Planning Division and City Engineer. The applicant shall contact the adjacent property owners if grading outside the subdivision boundaries is required for construction of the perimeter walls. This shall be accomplished prior to issuance of any permit.
20. Lighting . All exterior lighting shall be shown on the Final Development Plan and shall be low-level directed lighting, energy -efficient and shielded or recessed so that direct glare and reflections are confined within the boundaries of the subject site and shall be directed downward and away from adjoining properties and public right of way. Lighting shall not blink, flash, or be of unusually high intensity or brightness . All lighting fixtures shall be appropriate in scale, intensity, and height to the building and shall be subject to review and approval by the Planning Division.
Ill. BUILDING AND SAFETY DIVISION
21.TUMF FEE
The applicant shall pay to the Building Division the Transportation Uniform Mitigation Fee (TUMF) in effect at the time the Building Permits are issued . 22 . LICENSE TAX FOR NEW CONSTRUCTION
Pursuant to Section 10 of the Section 31 Development Agreement {Case No.
DA 190003, Document No. 2020-0055580), the Developer shall pay 100% of this license tax, pursuant to Chapter 3.28, "License Tax on New Construction" of the Municipal Code, subject to a credit, as set forth in Exhibit Bin the Section 31 Development Agreement , for any actual costs Developer incurred for acquiring, designing, constructing, improving , providing and maintaining utility undergrounding facilities and improvements (or related to the removal of overhead utility facilities and structure) fronting the perimeter of the Project Site and which are provided for in the City of Rancho Mirage General Plan, the City's adopted Capital Improvement Program or the Section 31 Specific Plan duly approved by the City , plus any of the existing transmission lines located within the Project Site on the north side of Frank Sinatra Drive, less any credits received by Developer with respect to Infrastructure Undergrounding Development Impact Fee. The tax amount, creditable improvements to be constructed by Developer, and an estimate of the projected credit amount are set forth in Exhibit Bin the Section 31 Development Agreement.
23. DEVELOPMENT IMPACT FEES (DIF)
The Project shall be subject to the Development Impact Mitigation Fees in effect as of January 18, 2020, the effective date of the Development Agreement, and subject to any applicable credits set forth in Exhibit B, Impact Fees and Credits , in the Development Agreement.
24 .COACHELLA VALLEY WATER DISTRICT (CVWD) LETTER
Prior to occupancy, if applicable , a letter from CVWD shall be submitted stating that all Planning Commission Staff Report AGENDA ITEM#
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the district fees have been paid and all requirements have been met for development.
The City and CVWD reserve the right to apply water conservation requirements to the project at the time of Final Development Plan approval and prior to permit issuance. Any required changes shall be reviewed ministerially by City staff and by CVWD pursuant to their adopted protocol.
25. PERMITS & CLEARANCES
The applicant shall provide evidence of permit(s) or clearance(s) from the following agencies :
• City Planning Division
• City Engineer
• City Attorney
• City Contract Specialist
• Fire Marshal
• Riverside County Department of Environmental Health
• Southern California Edison
• Coachella Valley Water District
• Burrtec
• Palm Springs Unified School District
• South Coast Air Quality Management District (SCAQMD)
IV. PUBLIC WORKS DEPARTMENT
26.GRADING & DRAINAGE PLAN
Prior to issuance of a Building Permit, the applicant shall be required to submit a grading and drainage plan prepared by a licensed civil engineer to the City Engineer for plan check and approval. The grading and drainage plan shall be consistent with any and all conditions of approval associated with any applicable subdivision map and any Development Permit entitlements issued for the subject project by the City or any other responsible public agency. The grading and drainage plan shall conform to all city policies, standards, and regulations applicable to the project. In addition, if the project involves grading and drainage issues related to Coachella Valley Water District (CVWD) facilities, written evidence of the District's approval shall be included with the submittal required by the City of Rancho Mirage . Additional plans or materials may be required at the discretion of the Engineering Division . Release of Building Permit(s) will be contingent upon proof that the site has been properly graded pursuant to an approved plan . Prior to issuance of a Grading Permit, the applicant shall schedule and conduct a pre-construction meeting with the City Public Works Inspector at the job site.
27. WATER QUALITY MANAGEMENT PLAN (WQMP)
Per the criteria of the Whitewater River Region Storm Water Management Plan (SWMP), subdivisions of 10 or more lots shall submit a Water Quality Management Plan (WQMP) for review prior to approval of the Final Development Permit and/or Final Subdivision Map . (See Appendix Hof the SWMP for details.) A Final WQMP shall be required prior to permit issuance, with Recording of a Covenant, or other approved mechanism, establishing the WQMP as a Public Record that shall apply upon occupancy, and continuing forward, to Planning Commission Staff Report AGENDA ITEM#
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all future operators/residents of the project. Any approved design modifications that take place during construction shall be documented and incorporated into the Recorded WQMP Covenant prior to occupancy.
28 . SWPPP/NOI
Prior to issuance of Grading or Building Permits, the Property Owner shall submit the completed Notice of Intent (NOi) form and site plan with the appropriate fee , to the State Water Quality Control Board for the General Construction Activity Storm Water Permit.
Proof of submittal shall be given to the City Engineer. The SWPPP promised by the NOi is required to be kept on the project site and may be requested for viewing by the City or Water Quality Control Board personnel. The WDID number issued with the SWPPP shall be put on the Grading Plan .
29. MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FEE Prior to issuance of Building Permits , the applicant shall pay to the City the required Multiple Species Habitat Conservation Plan (MSHCP) Fee.
30.AS-BUIL T PLANS
A complete set of "As-Built" Grading, Sewer, Water, Landscaping, Street, Storm Drain, and all other required improvement plans shall be submitted by the engineer of record for review and approval prior to occupancy.
31 . SECURITY
In accordance with the request of the Rancho Mirage Police Chief, the site shall be fenced and gated for security purposes . Screening material shall be placed on the fence to help block blowsand and to block views through the fence. If necessary, the applicant shall provide a state licensed private security officer during the time construction workers are not onsite.
32. PAD CERTIFICATION
Prior to release of building permits, a Pad Certification submitted from a Licensed Land Surveyor or Civil Engineer, attesting to the elevation matching the rough grade pad elevation shall be submitted to validate the rough grading completion. Building pad shall be certified by the licensed design engineer or a licensed land surveyor to within 0.10 of a foot above or below the approved pad elevation indicated on the approved grading plan . 33 . COMPACTION REPORT
Prior to the release of building permits, the lot(s) for the building(s) shall have a compaction report submitted from a Geotechnical Engineer attesting to the buildable pad being compacted at least 90% of maximum relative density . If any over-excavation, or slopes steeper than 2:1, are needed for the building pad, a Geotechnical Engineer shall submit a document attesting to the acceptability of this non-standard earthwork in accordance with the recommendations of the preliminary soil report. 34 . UNDERGROUND UTILITIES REQUIRED
All existing or proposed Southern California Edison, General Telephone, CATV, or other overhead service facilities, shall be installed underground in accordance with the Planning Commission Staff Report AGENDA ITEM#
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provisions of Section 12.16 of the Rancho Mirage Municipal Code. The undergrounding installation of all existing or proposed overhead distribution and transmission utility lines shall be completed and/or appropriate guarantee arrangements shall be entered into for any structure constructed pursuant to this approval as required by the City Engineer. Such guarantee arrangement shall be approved by the City administrative staff and the City Attorney and shall include the posting of improvement security adequate to secure the periphery of the subject property; and as identified above and as required in Section 12.16 of the Rancho Mirage Municipal Code.
35. IMPROVEMENTS COMPLETED PRIOR TO OCCUPANCY
Prior to occupancy, the construction of all required public improvements, including but not limited to sewer, water, curb and gutters, paving to join, storm water drainage facilities, and other required utility improvements shall be completed. All conditions set for Tract 37563 shall be carried into Tracts 37856 and 38291 if not already completed.
36. LOCAL AIR QUALITY MANAGEMENT PLAN (LAQMP)
The applicant shall prepare a Local Air Quality Management Plan (LAQMP) pursuant to Ordinance No. 855, Municipal Code Chapter 7.01. Said LAQMP shall detail the project's potential impacts upon the air quality of the area and any necessary mitigation measures and shall be submitted to the Public Works Department for review and approval prior to the issuance of the Grading Permit. For ease of preparing a LAQMP, the applicant may contact the Public Works Department regarding use of the LAQMP worksheet.
37.AS-BUILT PLANS
A complete set of "As-Built" Grading, Sewer, Water, Landscaping, Street, Storm Drain, and all other required improvement plans shall be submitted by the engineer of record for review and approval prior to occupancy.
38. SECURITY
In accordance with the request of the Rancho Mirage Police Chief, the site shall be fenced and gated for security purposes. Screening material shall be placed on the fence to help block blowsand and to block views through the fence. If necessary, the applicant shall provide a state licensed private security officer during the time construction workers are not onsite.
39 . CVWD LETTER
Prior to occupancy, if applicable, a letter from Coachella Valley Wate r District (CVWD) shall be submitted stating that all the district fees have been paid and all requirements have been met for development.
40. The applicant shall submit all required reports and analysis, which include but may not be limited to, a WQMP report, soils report, geological and hydrology studies, and hydraulic calculations, as required by the City Engineer, prior to approval of the Grading Plan and with the submittal of a Final Development Plan. 41 . The applicant shall submit an interim pedestrian access plan with the Final Development Plan submittal; as the site develops the pedestrian access plan may Planning Commission Staff Report AGENDA ITEM#
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need to be modified. The pedestrian access plan will be subject to review and approval of the Director of Public Works.
42. Prior to certificate of occupancy issuance, the applicant must provide proof of coordination and acceptance with CVWD of the proposed utility improvements and include pipe sizes, materials, and connection points to adjacent phases. 43 . The applicant shall be required to design and construct traffic modifications at the intersection of Monterey Avenue and Gallery View Way in accordance with the Section 31 Specific Plan.
44.As part of the Final Development Plan submittal, the Master Infrastructure Utility Plan must be submitted with sizes, materials, and connection points to adjacent phases. The Master Infrastructure Utility Plan will be subject review and approval of the Director of Public Works.
45. The applicant shall provide updated street sections for Galley View Way, and Illustration Way at Monterey Avenue as part of the Final Development Plan.
V. CITY ATTORNEY: Prior to issuance of Building Permits, the following conditions shall be satisfied:
46. INDEMNITY AGREEMENT
The permittee shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this permit approval. The City shall notify the permittee of any claim, action, or proceeding and the City shall cooperate in the defense . If the City fails to notify the permittee of any claim, action or proceeding of which the City has written notice, the permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the City .
47 . REIMBURSEMENTS
The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate in the defense of the action, but such participation shall not relieve the permittee of any obligation under this Condition .
48.IMPROVEMENTSURETY
Pursuant to Chapter 15.64.280 of the Rancho Mirage Municipal Code, all public improvements proposed with the Development Plan submittal, or required by the adopted approval Conditions, shall be guaranteed by cash bonds, letters of credit, or other legal instruments acceptable to the City Attorney and City Council.
49. RELEASE OF PLANS
Written authorization must be obtained from any certified, licensed, or registered professional who signed the original building plans authorizing the plans to be made Planning Commission Staff Report AGENDA ITEM#
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available by the City to all subsequent owners upon request (if on file with the City at the time of the request) for use by any subsequent owners solely for the construction, maintenance, operation, and use of the subject building(s) at the Project Site. 50 . NOTICE TO CITY UPON DEFAULT, FORECLOSURE OR BANKRUPTCY In the event that the applicant receives a notice of default from any lender in connection with funds loaned to the applicant for the proposed development, or that any security instrument given by the applicant to any lender is foreclosed upon whether through a trustee 's sale or otherwise, or that the applicant files a petition for bankruptcy, the applicant shall immediately notify the City of such notice of default, foreclosure sale, and/or filing of the bankruptcy petition, as the case may be.
VI. FIRE MARSHAL
51. The proposed project may have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, traffic, and population. The project proponents/developers will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees .
52. Fire Department emergency vehicle apparatus access road locations and design shall be in accordance with the California Fire Code, City of Rancho Mirage Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance .
53. Fire Department water system(s) for fire protection shall be in accordance with the California Fire Code, City of Rancho Mirage Municipal and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance.
54. Prior to Building Permit issuance, the required water system, including all fire hydrant(s), shall be installed, and accepted by the appropriate water agency and the County Fire Department prior to any combustible building material placed on an individual lot. Contact the Fire Department to inspect the required fire flow, street signs, all weather surfaces, and all access and/or secondary access . Approved water plans must be at the job site .
Planning Commission Staff Report AGENDA .ITEM#
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FINDINGS
Preliminary Development Plan Case No . PDP23-0003
Pursuant to RMMC Section 17.42.060 Findings and decision, a development plan permit may be approved by the applicable review authority only if all of the following findings are made:
A. The proposed development is: 1) Allowed within the respective zoning district; 2) Generally in compliance with all of the applicable provisions of this title that are necessary to carry out the purpose and requirements of the respective zoning district, including prescribed development standards and applicable design guidelines; and 3) Consistent with the general plan and specific plan. The proposed restaurant use and recreational amenity uses are permitted within the subject zoning district and complies with all of the applicable provisions of the Zoning Ordinance and Section 31 Specific Plan. The current General Plan and zoning designation for the Section 31 Specific Plan Area ("Subject Property") is Mixed Use (M-U) as it falls under a specific plan. As part of the proposed project, the Master Infrastructure for the Town Center compiles with the subject zoning and development standards since the improvements will be to support future development of the Town Center. All components of the proposed project will adhere to the development within the Town Center Planning Area. The development criteria build on the development standards set in the Section 31 Specific Plan and helps set the framework for the quality and flexibility necessary for the master planned community to develop into a comprehensive and interactive community envisioned by the Specific Plan. As conditioned, the proposed project is consistent with the City's General Plan and Section 31 Specific Plan.
B. The proposed project would produce a comprehensive development incorporating a more enhanced environment and architectural excellence (e .g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than would normally be possible under more standard district development requirements, as conditioned .
The proposed project is consistent with the following goals, policies, and programs in the Rancho Mirage 2017 General Plan Community Design Element:
1) PROGRAM CD 5.1A ("Encourage the use of quality and/or natural materials such as stone, plaster, stucco, and wrought iron.") in that the proposed project proposes and encourages the use of natural materials, such as stone, wood, and metal.
2) GOAL CD 8 ("Architecture that is sensitive to its context, blending quality materials, distinctive detailing, and a strong sense of living with nature") and PROGRAM CD 8.1 D ("Encourage rich, natural earth tones rather than primary colors for buildings, homes, walls") in that the proposed project is inspired by the Coachella Valley environment and its inhabitants, and draw upon the mid-century desert modern style that the desert is renown for. The main colors and materials palettes include various shades of mute beige and white desert tones and natural materials such as stone. Accents will be provided with rich tones on accent walls.
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DATE: October 26, 2023 EA23-0008 and PDP23-0003 Page 22 of 23 JUSTIFICATION OR INFORMATION CONTINUED:
The landscape plan incorporates a desert appropriate planting palette and is in compliance with the Section 31 Specific Plan and the City's Landscape Development Standards.
C. The design, location , shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water, etc.), would ensure that the proposed development would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety , or welfare, or injurious to the property or improvements in the vicinity and the respective zoning district. The Subject Property is currently undergoing subdivision improvements. The conditions of approval for the approved tract maps in Section 31, as imposed by the City Council, will ensure that on and off-site infrastructure improvements meet or exceed the City of Rancho Mirage requirements. In addition, the property owner is responsible for implementing the Mitigation Monitoring Program contained within the certified Section 31 Specific Plan EIR. Land uses, lot types and sizes, development intensities, circulation, and public services and utilities were analyzed during the Section 31 Specific Plan entitlement process. The Subject Property is physically suitable for residential development, as analyzed in the Section 31 Specific Plan and associated EIR. The current request does not propose to amend the project boundaries, uses, or development intensities of the original approvals associated with the Specific Plan. The proposed project is in substantial conformance with the Section 31 Specific Plan, and will not replace development standards, such as building heights, density, or setbacks, found within the Specific Plan. In addition, the property owner is responsible for implementing the Mitigation Monitoring Program contained within the certified Section 31 Specific Plan EIR.
D. The design, location , and proposed uses would be compatible with the character of existing development in the surrounding neighborhood . The design of the proposed restaurant building is a desert modern inspired architecture that the city is known for. Similar proposed buildings that are being considered within the Section 31 site also draw on the desert modern and mid-century modern architectural styles. The proposed building conforms to the height standards. The current General Plan and zoning designation for the Section 31 Specific Plan Area ("Subject Property") is Mixed Use (M-U) as it falls under a specific plan. The proposed project, a restaurant, and related infrastructure improvements are allowed as a permitted use by right in the Town Center Planning Area per the Specific Plan.
E. The subject site is physically suitable for the type and density/intensity of development being proposed, as conditioned . The Subject Property is physically suitable for residential development, as analyzed in the Section 31 Specific Plan and associated EIR. The current request does not propose to amend the project boundaries, uses, or development intensities of the original approvals associated with the Specific Plan. The proposed lot coverage is less than 1% while the subject planning area allows up to 70%. The building height of 20'-8" as measured from the main level pad height, and a total structure height of 31 '-8" measured from the beach level. The Town Center Planning Area allows for up to 5 stories or 65 feet. The proposed Planning Commission Staff Report AGENDA ITEM#
11-31
DATE: October 26, 2023 EA23-0008 and PDP23-0003 Page 23 of 23 JUSTIFICATION OR INFORMATION CONT INUED:
project, a restaurant and related infrastructure improvements, is a permitted use by right pursuant to Table 12 of the Section 31 Specific Plan and is in substantial conformance with the development standards under the Town Center Planning Area.
F. The proposed project has been reviewed in compliance with the provisions of the California Environmental Qua lity Act (CEQA) and there would be no potentia l s ignificant negative effects upon environmenta l qua li ty and natura l resources that would not be properly m it igated and monitored, unless find ings are made in compl iance with CEQA. The proposed project is a request to construct a 13,050 square foot two-story building and the Phase 1 Master Infrastructure for the Town Center. The current request does not propose to amend the project boundaries, uses, or development intensities of the original approvals. The proposed project is in substantial conformance with the adopted Section 31 Specific Plan and no potential new impacts related to the proposed project have been identified that would necessitate further environmental review beyond the impacts and issued disclosed and evaluated under the certified Environmental Impact Report (EIR).
CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) provides that when an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that there are no new significant environmental effects due to a change in the project or circumstances, and there is no new information of substantial importance as identified in CEQA Guidelines Section 15162(a)(3). The proposed project is a request to construct a two-story building North Restaurant building, which the uses proposed are permitted by right pursuant to Table 12 of the Section 31 Specific Plan and complies with the applicable development standards. The project also includes the Phase 1 Master Infrastructure for the Town Center, which also complies with the applicable development standards of the Section 31 Specific Plan. The current request does not propose to amend the project boundaries, uses, or development intensities of the original approvals. The proposed project is in substantial conformance with the Section 31 Specific Plan and certified EIR. Based on the City's analysis, no subsequent EIR, supplemental EIR, or subsequent mitigation negative declaration is required. No further environmental review is required.
P lann ing Comm iss ion Staff Report AGENDA ITEM#
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ATTACHMENT 4
~ CITY OF RANCHO MIRAGE
PLANNING COMMISSION MEETING
THURSDAY, OCTOBER 26, 2023 -2:00 P.M.
City Hall -Council Chamber
69-825 Highway 111
Rancho Mirage, CA 92270
CALL TO ORDER -2:00 P.M.
DRAFT MINUTES
a) Flag Salute: Led by Vice Chair Agostini.
b) Roll Call: Agostini, Bryant, Chanter, Curran, Grey.
Present: Agostini, Bryant, Chanter, Curran, Grey.
COMMISSIONER COMMENTS
Commissioner Chanter thanked staff for taking the time to meet individually with the commissioners to review the agenda in detail and respond to their questions. She commented that she found staff's attention to detail impressive and that she appreciates their work.
Vice Chair Agostini echoed Commissioner Chanter's comments.
Commissioner Bryant welcomed Chair Grey back from his vacation. He commented that he too felt very prepared for today's agenda . He also echoed Commissioner Chanters' comments about the wonderful work that staff does.
Chair Grey commented that he is glad to be back and thanked staff for going out of their way to make sure that the commissioners were prepared and informed.
NON-AGENDA PUBLIC COMMENTS -None .
APPROVAL OF MINUTES -September 28, 2023, Regular Meeting .
MOVED/SECONDED BY AGOSTINI/CURRAN TO APPROVE THE SEPTEMBER 28, 2023, REGULAR PLANNING COMMISSION MEETING MINUTES AS PRESENTED. MOTION CARRIED 3/2 WITH CHAIR GREY AND COMMISSIONER CHANTER ABSTAINED.
PUBLIC HEARINGS
1. Sign Program Case No. SIPR23-0001 -Applicant: Curtis Green, Cornerstone Wealth Management. Consideration of a sign program to establish tenant wall and monument DRAFT 10/26/2023 Planning Commission Regular Meeting Minutes Page 1 of 8 ·································································-------··----······························--
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signage criteria for a multi-tenant building . The subject property is located at 34530 Bob Hope Drive (APN: 685-080-026).
A. Consider approving the filing of a Notice of Exemption pursuant to the California Environmental Quality Act (CEQA) Section 15311 (Class 11 -Accessory Structures).
B. Consider approving Sign Program Case No. SIPR23-0001, subject to the Conditions of Approval and based on the content and Findings in the staff report.
Lezlee Vasquez, Assistant Planner, presented the staff report .
Public Comments -None .
COMMISSIONER COMMENTS
Commissioner Chanter stated that the commission did receive one written public comment regarding monument signage placement, and noted she felt that the proposal was safe due to the fact that the sign has a setback of 16 feet from Bob Hope Drive and 38 feet from Victory Drive.
MOVED/SECONDED BY CHANTER/CURRAN TO:
A. APPROVE THE FILING OF A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15311 (CLASS 11 -ACCESSORY STRUCTURES).
B. APPROVE SIGN PROGRAM CASE NO. SIPR23-0001, SUBJECT TO THE
CONDITIONS OF APPROVAL AND BASED ON THE CONTENT AND FINDINGS IN THE STAFF REPORT.
MOTION CARRIED 5/0.
2. Environmental Assessment Case No. EA23-0005 and Preliminary Development Plan Case No. PDP23-0001 -Cotino Clubhouse Campus and Parr House. Applicant: DMB Development LLC on behalf of ECRM Residential. Consideration to construct the Clubhouse Campus and "Parr House" on approximately 8.3 acres within the Section 31 Specific Plan area, also known as the Catino development. The Clubhouse Campus serves as an amenity for club members and consists of 8 single-story buildings totaling 18,600 square feet of interior space: the lobby, restaurant, beach bar, studio/locker rooms, fitness center, creativity center, water sports rental center, and pool equipment storage . The project also proposes site amenities, such as two bocce ball courts, two tennis courts, six pickleball courts, a lap pool, spas, event lawn areas, and areas for overflow parking and future expansion of sports courts. The Parr House is a 5,577 square-foot two-story residence with a 552 square-foot detached garage intended as an additional amenity for club members and their families and guests. The Parr House will be located on a 25,690 square-foot lot adjacent to the Clubhouse Campus. The subject property is in the northeastern quadrant of the Section 31 Specific Plan area, at the intersection of Prismatic Boulevard and Brilliance Avenue (Tract Map No. 38291, Lots 176 (portion), 179-183, 184 (portion); APNs: 685-220 -039, 685 -220-016).
DRAFT 10/26/2023 Planning Commission Regular Meeting Minutes Page 2 of 8 -----······················--·····························
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A. Consider recommending that the City Council find Preliminary Development Plan Case No. PDP23-0001 to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations). •
B. Consider recommending that the City Council approve Preliminary Development Plan Case No. PDP23-0001, subject to the conditions of approval and based on the content and findings in the staff report.
Joy Tsai, Senior Planner, presented the staff report .
Public Comments -None .
Commissioner Comments
Commissioner Curran complimented the project's layout and building designs. He added that the colors fit the surrounding environment and is compatible with the community. He inquired about the process regarding the lots allocated for the future sports courts expansion.
Ms. Tsai confirmed that any future request would need to be reviewed by the appropriate approving body.
Commissioner Chanter commented that it was a stroke of genius to design and name one building after the "Parr House" in relationship to the lncredibles 2 movie . She expressed her initial concerns relating to security and parking. She encouraged Disney to screen their parking lots .
Vice Chair Agostini commented that the project is beautiful. He expressed concern about the impact of sand erosion with the beach and asked about how that would be addressed. He also asked about the type of events that would be held at the Clubhouse Campus and Parr House , and if there were any restrictions or capacity limits .
Majna Dukie, Development Services Director, responded to Vice Chair Agostini's questions and concerns. She noted that the lagoon will have a filtration system that will be utilized on a daily basis . She noted that the Parr House is proposed as an additional amenity for club members only. Any events would be limited to the club members and their guests, and the clubhouse and Parr House is not accessible to the public. Capacity would be determined at the time of building permit issuance based on square footage.
Commissioner Bryant commented that Cotino is one of the most significant developments in Rancho Mirage and in the Valley, this is certainly the biggest ever. He asked who owns the facilities club, lagoon, town center, restaurants and so on. He also asked if Disney will be managing the brand as well.
Eric Brown, General Manager for DMB Development, responded to Commissioner Bryant's question regarding property ownership and maintenance . He stated that the land is owned by ECRM, and there will be a ground lease to Disney . He added that Disney is managing the brand.
There will be a number of different entities involved, including the HOA.
Commissioner Bryant inquired about club memberships, town center, facilities, HOA, and the maintenance of the lagoon, which Mr. Brown clarified and mentioned and the share maintenance DRAFT 10/26/2023 Planning Commission Regular Meeting Minutes Page 3 of 8
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cost.
Commissioner Bryant asked staff about the landscaping plans and the walkways shown in the renderings.
Ms. Tsai responded to Commissioner Bryant questions and added that staff would look at the details for compliance with the Conditions of Approval during the Final Development Plan process.
Chair Grey commented that he was very excited about the development. He asked about the clubhouse parking and the handicapped spaces and expressed his concerns about whether the handicapped spaces were adequate.
Ms . Tsai answered Chair Grey concerns about the handicapped parking and noted that they do comply with the Municipal Code handicapped parking requirement.
MOVED/SECONDED BY CHANTER/AGOSITINI TO RECOMMEND THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:
A. FIND PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0001 TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15162 (SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS).
B. APPROVE PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0001,
SUBJECT TO THE CONDITIONS OF APPROVAL AND BASED ON THE
CONTENT AND FINDINGS IN THE STAFF REPORT.
MOTION CARRIED 5/0.
3. Environmental Assessment Case No. EA23-0008 and Preliminary Development Plan Case No. PDP23-0003 -North Restaurant and Town Center Phase 1 Master Infrastructure of Section 31 (Catino). Applicant: DMB Development LLC on behalf of ECRM Residential. Consideration to construct a two-story 13 ,050 square foot restaurant and the Town Center Phase 1 Master Infrastructure of Section 31 (Catino), which includes the development of streets, parking, landscape, and related infrastructure to support the first phase of the development within the Section 31 (Catino) Town Center. The subject property is located approximately 740 feet south from the intersection of Monterey Avenue and Gerald Ford Drive, on the west side of Monterey Avenue within Section 31 (Catino); Lots 184 and 185 of Tract Map 38291 and APN: 685-220-033.
A. Consider recommending that the City Council find Preliminary Development Plan Case No. PDP23-0003 to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15162 (Subsequent EIRs and Negative Declarations).
B. Consider recommending that the City Council approve Preliminary Development Plan Case No. PDP23-0003, subject to the conditions of approval and based on the content and findings in the staff report .
DRAFT 10/26/2023 Planning Commission Regular Meeting Minutes Page 4 of 8
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Pilar Lopez, Senior Planner , presented the staff report.
Public Comments -None.
Commissioner Comments
Commissioner Curran commented that he was really impressed with some of the design elements . He stated that the shaded parking lot with use of trees was good addition.
Commissioner Curran also expressed that the use of art and liveliness in the proposed project's architecture was a welcomed addition .
Commissioner Chanter liked the walking paths and the fact that they encouraged people to enjoy the environment She stated that Rancho Mirage could use another restaurant, especially one with a view .
Vice Chair Agostini echoed everyone's comments on the design . He asked where the project entrance is off of Monterey Avenue .
Ms . Lopez answered that there will be two entrances off Monterey Avenue . One entrance would be a right-in, right-out only and the second is the existing signalized entrance that parallels the Shadow Ridge development.
Commissioner Bryant asked questions regarding ADA access.
Ms . Lopez confirmed that the proposed project provides ADA access through the use of ramps and the proposed elevators. She added that the proposed project would be required to go through a building permit plan check that include a review of ADA compliance .
Commissioner Bryant asked some questions about the types of proposed landscaping along Monterey Avenue and inquired if there were any proposed block wall along that portion of the project site .
Ms . Lopez elaborated on the proposed landscaping along Monterey Avenue . She explained that there are no proposed walls along Monterey Avenue .
Paul DePalatis, the applicant's representative, explained the reasoning for the proposed landscape along Monterey Avenue .
Commissioner Bryant asked if the project would adhere to the City 's ban on short-term rentals.
Ms . Dukie confirmed that short-term rentals are not permitted in residential zoning districts .
Commissioner Bryant asked if the new special event ordinance is applicable to the project for the outdoor events .
Ms. Dukie answered that the new special event ordinance is for residential zoning districts, while this project is located within a mixed -use commercial zoning district. She confirmed that all events are still reviewed to be in compliance with the Rancho Mirage Municipal Code, including but not limited to noise impacts.
DRAFT 10/26/2023 Planning Commission Regular Meeting Minutes Page 5 of 8
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Chair Grey asked if residents of Rancho Mirage would be eligible for free valet parking at the subject site.
Ms. Lopez explained that the Planning Division reviews all valet parking permit applications, she elaborated that Rancho Mirage residents may obtain a resident placard and be provided with free valet parking within the City .
MOVED/SECONDED BY CURRAN/CHANTER TO RECOMMEND THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:
A. APPROVE PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0003 TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15162 (SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS).
B. APPROVE PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0003,
SUBJECT TO THE CONDITIONS OF APPROVAL WITH STAFF'S
RECOMMENDED REVISION AND BASED ON THE CONTENT AND FINDINGS IN THE STAFF REPORT.
MOTION CARRIED 5/0.
4. Environmental Assessment Case No. EA22-0016 and Preliminary Development Plan Case No. PDP22-0003 -Nova Lane 9-Lot Residential Development. Applicant:
Jacqueline Park. Consideration to construct nine (9) single-family residences with Accessory Dwelling Units (ADUs) within a private cul-de-sac street, Nova Lane. The project consists of three plan types that range in size from 4,500 to 4,900 square feet. The subject property is located within Tract No. 33329, on the east side of Via Josefina; APNs: 685-420-001 through -009.
A. Consider recommending that the City Council find Preliminary Development Plan Case No . PDP22-0003 to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15162 and determine that the previously adopted Negative Declaration based on Environmental Assessment Case No . EA050030 is still valid for the proposed project.
B . Consider recommending that the City Council approve Preliminary Development Plan Case No. PDP22-0003, subject to the conditions of approval and based on the content and findings in the staff report.
Pilar Lopez, Senior Planner, presented the staff report.
Public Comments -None.
Commissioner Comments
Commissioner Chanter asked if there would be differentiated elevations for the same plan types that are next to each other.
Ms. Lopez added that a condition of approval has been included to required differentiating DRAFT 10/26/2023 Planning Commission Regular Meeting Minutes Page 6 of 8
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elevations by use of color or material for abutting lots with the same plan type. This will be required at the Final Development Plan submittal.
Commissioner Agostini commented that the proposed design was beautiful. He asked if the project is responsible for the street improvements and the underground utilities.
Ms. Lopez added that the street improvements were also part of their tract map entitlement. She explained street improvements and undergrounding of utilities would be the responsibility of the developer.
Commissioner Curran echoed Commissioner Chanter concerns regarding similar plan type but was certain the applicant could provide different elevations by simple use of color or material changes.
Commissioner Bryant thanked the project applicant for her patience and expressed that her project was as important to staff and commission as the Catino projects. He asked various questions on minimum lot size, ADU setbacks, landscaping, and street improvements.
Ms . Lopez explained that the tract map was originally approved in 2006 . She explained that in 2014, the City revised the R-L-2 Zoning District minimum lot sizes from 15,000 square feet to 18,000 square feet. She stated that there are several tracts with similar lot sizes in Section 30 that are legally non -co nforming since the tracts were approved prior to 2014. She clarified that ADU's are allow side and rear setbacks of 4 feet, while the project proposed at the minimum 5 feet 2 inches . She stated that back yard landscaping is not reviewed by the City, but that the landscaping in the rear yard is simple. She explained that Nova Lane is a private street within a gated community. She clarified that the future street improvements for the local street connection meet the minimum width of 36 feet. She also stated that the exterior landscape is not part of the project, but that the applicant met the minimum requirement for trees along a public street.
Chair Grey asked that the applicant consider matching the lot numbers for the street addresses.
Ms. Lopez clarified that the address assignments are mandated by the United States Postal Service to be odd numbers to the south and even numbers to the north.
MOVED/SECONDED BY AGOSTINI/CHANTER TO RECOMMEND THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:
A. APPROVE PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP22-0003 TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15162 AND DETERMINE THAT THE
PREVIOUSLY ADOPTED NEGATIVE DECLARATION BASED ON ENVIRONMENTAL ASSESSMENT CASE NO. EA050030 IS STILL VALID FOR THE PROPOSED PROJECT.
B. APPROVE PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP22-0003,
SUBJECT TO THE CONDITIONS OF APPROVAL AND BASED ON THE CONTENT AND FINDINGS IN THE STAFF REPORT.
MOTION CARRIED 5/0.
DRAFT 10/26/2023 Planning Commission Regular Meeting Minutes Page 7 of 8
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------·-·····················
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:
DRAFT 10/26/2023 Planning Commission Regular Meeting Minutes Page 8 of 8
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ATTACHMENT 6
ENTITLEMENT CASE NUMBERS:
PDP NO.
EANO.
PDP23-0003
EA23-0008
TOWN CENTER NORTH RESTAURANT
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:1: HART HOWERTON
SUBMITTAL DATE:
OCTOBER 13, 2023
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INTRODUCTION
POP COMPONENTS
TOWN CENTER NORTH RESTAURANT
ENGINEERING
NORTH RESTAURANT MASTER SITE PLAN
NORTH RESTAURANT PRELIMINARY GRADING PLAN
ARCHITECTURE
NORTH RESTAURANT LAGOON VIEW
NORTH RESTAURANT ARRIVAL VIEW
NORTH RESTAURAN T FLOOR PLA N: 8EACH LEVEL
NORTH RESTAURANT FLOOR PLAN : MAIN LEVEL
NORTH RESTAURANT ROO F PLAN
NORT H RESTAURANT 3D REND ERING
NORTH RESTAURANT EXTERIOR ELEVATIONS: NORTH
NORTH RESTAURANT EXTERIOR ELEVATIONS: SOUTH
NORTH RESTAURANT EXTERIOR ELEVATIO NS: WEST
NORTH RESTAURANT SITE SECTIONS: NORTH & SOUTH
NORTH RESTAURANT SITE SECTIONS: EAST & WEST
NORTH RESTAURANT COLOR MATERIALS BOARD
NORTH RESTAURANT WALL TREATMENT PRECEDENT
LANDSCAPE
OVERALL LANDSCAPE PLAN
NORTH RESTAURANT LANDSCAPE PLAN (ENLARGEMENT A)
NORTH RESTAURANT ENLARGEMENT (ENLARGEMENT A)
NORTH RESTAURANT HARDSCAPE !ENLARGEMENT Al
NORTH REST AURA NT SECTION & ELEVATION (ENLARGEMENT A)
NORTH RESTAURANT CHARACTER IMAGERY (ENLARGEMENT A)
NORTH RESTAURANT PLANT PALETTE [ENLARGEMENT A)
PHASE 1 MASTER INFRASTRUCTURE
ENGINEERING
MASTER INFRASTRUCTURE MASTER SITE PLAN
MASTER INFRASTRUCTURE PREllMlNARY GRADING PLAN
MASTER INFRASTRUCTURE MASTER UTILITY PLAN
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GALLERY VIEW DRIVE & ILLUSTRATION WAY LANDSCAPE PLAN TYPICAL (ENLARGEMENT BJ
MONTEREY AVENUE STREETSCAPE & ENTRY TYPICAL (ENLARGEMENT C-D) MONTEREY AVENUE SECTION & ELEVATION (ENLARGEMENT C-Dl
PASEO & PARKING LOT ENLARGEMENT TYPICAL (ENLARGEMENT El
MASTER INFRASTRUCTURE PARKING SHADE STUDY
MASTER INFRASTRUCTURE PLANT SCHEDULE
PROJECT DESCRIPTION
TOWN CENTER NORTH RESTAURANT
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THE NORTH RESTAURANT BUILDING IS A TWO-STORY WATERFRONT DESTINATION FOR THE COTINO TOWN CENTER. THE BUILDING HAS
MULTIPLE FUNCTIONS AS A MAIN RESTAURANT ACCESSIBLE FROM THE VILLAGE/ TOWN CENTER LEVEL AND AS A BEACH LEVEL AMENITY AND SUPPORT BUILDING FOR THE PUBLIC BEACH PATRONS AND BEACH STAFF. THE MAIN LEVEL IS A WATERFRONT RESTAURANT OVERLOOKING THE LAGOON AND BEACH. THE DINING AREAS INCLUDE BOTH AN EXTERIOR TRELLIS COVERED DECK AND AN INTERIOR ROOM WITH HIGH CLERESTORY WINDOWS FILLING THE ROOM WITH NATURAL LIGHT. SERVING THE DINING AREA IS AN ENTRY PORCH.
ONE'S ARRIVAL TO THE RESTAURANT IS ALONG THE VILLAGE PROMENADE OVERLOOKING THE BEACH AND LAGOON.
ON THE BEACH LEVEL OF TH E RESTAURANT IS A SMALL WALK-UP BEACH SERVERY WITH ITS OWN KITCHEN. ADDITIONA L BEACH LEVEL SPACES INCL UDE RESTROOMS. RENTAL AND STORAGE AREAS FOR THE BEACH PATRONS AND BEACH STAFF. THE BALANCE OF THE SPACE ON THE NORTH SERVICE ROAD SIDE IS DEDICATED TO THE HEATED SW1M ZO NE EQUIPMENT ANO BACK OF HOUSE AREAS.
SURROUNDING THE BUILDING ARE THE SERVICE YARD TO THE NORTH WITH ACCESS TO THE BUILDING SERVICE ROOMS AN D AT TH E
LOWER LEVEL THERE ARE CONTROLLED ACCESS GATES FOR MAINTENANCE VEH ICULAR ACCESS TO THE PUBLIC BEACH CLUB UNDER THE RESTAURANT DECK. TO THE WEST IS AN OPEN AREA FOR STORING KAYAKS AND PADDLEBOARDS, SERVING THE BEACH AND LAGOON . TO
THE SOUTH IS THE MAIN PUBLIC BEACH AREA WITH ACCESS TO ALL THE PUBLIC AMENITIES INCLUDING FOOD, RESTROOM S, BEACH, AND NON -MOTORIZED WATERCRAFT RENTAL SERVICES.
TOWN CENTER PHASE 1 MASTER INFRASTRUCTURE
THIS INCLUDES ONLY THE STREETS, PARKING. LANDSCA PE AND RELATED INFRASTRUCTURE NEEDED TO SUPPORT THE FIRST PHASE OF DEVELOPMENT WITHIN THE COT INO TOWN CENTER.
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PROJECT REPRESENTATIVE
DMB DEVELOPMENT. UC
7600 EAST DOUBLETREE RANCH ROAD, #250
SCOTTSDALE, ARIZONA 85258
CONTACT : MARY ALEXANDER
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P: (4BO) 367•2600
MSA CONSULTING, INC.
34200 BOB HOPE DRIVE
RANCHO MIRAGE, CALIFORNIA 92270
CONTACT : PAUL DEPALATIS
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P: (617) 36B-3417
PROJECT CIVIL AND LANDSCAPE
MSA CONSULTINfi. INC.
34200 BOB HOPE DRIVE
RANCHO MIRAGE. CA LIFOR NIA 92270
P: (760) 320-9811
HART HOWERTON
ONE UNION STREET
SAN FRANCISCO, CALIFORNIA 94111
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TABLE OF CONTENTS & PROJECT DESCRIPTION
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LEGEND
----I TR.37856&TR.3829~T~NES --------
TOWN CENTER NORTH RESTAURANT AREA
NOTES:
TOWN CENTER PHASE1 MASTER INFRASTRUCTURE AREA
j;5l;SPACESINCLUCINGVALfT1
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COTINO: TOWN CEN T ER NORTH RESTAURANT & PHAS E l MASTER INFRASTRUCTURE I PRELIMINARY DEVELOPMENT PLAN PAGE
3 11
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4 4
ENGINEERING
TOWN CENTER NORTH RESTAURANT
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DATA TABLE
TM l7S6J LOT 6 A~ MODlflEO BY LI.A -A PORTION OF PARCEL "A· OF LLA 22- l<l lol0l"'11 o,s,.t.....,.~"<.,,.._.
LEGEND
-a• -1 NORTH RESTURANTMASTERSITEPL.AN BOUNDARY
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COTINO: TOWN CENTER NORTH RESTAURANT & PHASE l MASTER INFRASTRUCTURE I PRELIMINARY DEVELOPMENT PLAN PAGE
5 11
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4 6
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COTINO: TOW N CENTER NORTH REST AURA NT & PHASE l MASTER INFRASTRUCTUR E I PRELIMIN A RY DEVELOPMENT PLAN I P:GE
11 -
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ARCHITECTURE
TOWN CENTER NORTH RESTAURANT
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COTINO: TOWN CEN TER NORTH RESTAURANT & P HAS E 1 MASTER INFRASTRUCTURE I PRELIM INARY DEVELOPMENT PLAN
NORTH RESTAURANT LAGOON VIEW I PAG E
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ARCHITECTS
RESTAURANT ARRIVAL VIEW I
COTINO: TOWN CENTER NORTH RESTAURANT & PHASE 1 MASTER INFRASTR UCTURE J PRELIMINARY DEVELOPMENT PLAN PAGE
9 11
-
5 0
@) @ @) @
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154'-1"
•
PROGRAM: Beac h Level 4.830 GSF
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I I •
15'-11 " 15'-11 ' 13'-5" 19'-2" 21 '-1()" 20'-1· 8'-2" l 1r-O" 22-7" Servery & Kitchen
c=:J Beach Restrooms
c=:J Amenity Support
c=:J Mechanical/ BOH
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838SF
677SF
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NORTH RESTAURANT FLOOR PLAN: BEACH LEVEL I PAGE
COTINO: TOWN CENTER NORTH RESTAURANT & P HASE l MASTER INFRASTRUCTURE I PRELIMINARY DEV~~s';~~~Y 1bu::N-10
11 -
5 1
LAGOON
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ARCHITECTS
NORTH RESTAURANT FLOOR PLAN: MAIN LEVEL I PACE
COT INO; TOW N CENTER NORTH RESTAURAN T & PHASE 1 MASTER INFRASTRUCTURE I PRELIMINARY DEVE LO ~ME 0 NT
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NORTH RESTAURANT ROOF PLAN
COT INO: TOWN CENTER NORTH RESTAURANT & PHASE l MASTER INFRASTRUCTURE J PRELIMINARY DEVELOPMENT PLAN I PAGE
12 11
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5 3
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COTINO TOWN CENTER NORTH RESTAURANT & PHASE 1 MASTER INFRASTRUCTURE I PRELIMINA RY DEV~t~'~~~~y 1 PU:i7' 13
11 -
5 4
~
MATERIALS SCHEDULE
EXTERIOR WALL
SYSTE M . EIFS ST0
TEXTURE. MILANO
COLOR· 605C WHIT[ LINEN
WOOD DECKING I. TRELLIS
SYSTEM: GARAf'A
COLOR : WOOD PLUS JO
li-tALF CLEAR I HA~• TEAK STAIN)
NOTE: SEE COLOR MATERIALS BOARD ON PAGE 19 FOR GREATER DETAIL ·----------------------------------
·~•.oil ~1•~
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& AL TERNATE TRELLIS
SYST!::M: L0NCB0ARD
COLOR: CARP\ ACACIA
STONE BASE
SYST:.M MISSOURI llMES TONE
COLOR· E',\' GOLD
META L • STOREFRONT
SYSTEM. DURANAR Xt
COLOR · SILV(R SHADOW
META L · RAILlNOiS, STAIRS. & LOUV ERS
SYSTEM OURANAR XL
COLO!.:: SILVER GR.-\Y
m ·'"" .. :---,.. / :6.:x,, ~
MES H RAILING
$\'STEM . JAKOB
COLOR S ILVt::R CRAY
META L · COPING ANO D OORS
SYSTEM . 0URAN AR
COLOR : BONE WHITE
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'-----
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LEGEND
322.37 ELEVATI ON
T
---t1 TT -""""~ ___ _j__i.-RFsr~~ tI t •
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ELKUS I MA~R~~~~!
NORTH RESTAURANT EXTERIOR ELEVATIONS: NORTH I PAGE
COTINO: TOW N CENTER NORTH RESTAURAN T & PHASE 1 MASTER INFRASTRUCTUR E I PRELIMINARY DEV ELOPME 0 N~,;~·N 14
11 -
5 5
~
MATERIALS SCHEDULE
EXTERIOR WALL
SYSTEM . EIFS STO
TEX T URE : MILANO
COLOR 6050 WHITE L I NE N
WOOD DECKING&. TRELLIS
SYSTE M : CARAP,\
COLOR : WOOD PLUS 10 lti AlF CL EAR I HAL 1;,or'>; .£,,.,,,...,..wm,I S.."ir;""'•O,,,Vt"~·1 Coo«:l '>•IJQn•CIS •.J00 6 ._o. •. o.,..,_..,,.,.,_,.,.lnl'lf"'·v-v,1"·...r:-.J'?" ,..
W00DLIKE SHADE CANOPY
& ALTERNATE TRELLIS
ST ST EM: L0 NC80ARD
COLO R : OARK ACAC I A
STONE BASE
SYSHM. M I SSOURI llMES T ONE
CO LOr:.· EW GOLD
METAL· STOREFRONT
SYSHM . OUHANAl-l XL
CO L OR · S l LV£R SHAD O W
METAL· RAILINGS, STAIRS, & LOUVERS
SYSTEM O URA N AR U
CO L OR: SILVER GRAY
~ ~?'Qsl ~
MESH RAILING
SY$rEM : J AKOS
.CO LOR , SILVl:'.fi CRAY
METAL· COPING AND DOORS
SYSTEM . DUR,'.N A R
COLOR: !:ONE WHllE
! i I I,
' '-----
LEGEND
32t37 ELEVATION
.. ~,.~:-:.
\ ·•·"
-r--r-""""'~
I l flfS T~~
T r-~ • 1 30.,?,0 • i;;, SERVKE YARD
ELKUS I MA:':~!~~!
NORTH RESTAURANT EXTERIOR ELEVATIONS: SOUTH
COTINO: TOW N CEN TER NORTH RESTAURA NT & PHASE l MASTER INFRASTRUCTURE I PRELIMINARY DEVE LOPM ENT PLAN I PAGE
15 11
-
5 6
~
MATERIALS SCHEDULI
EXTERIOR WALL
SYSTEM. EIFS STO
TEXTURE. MILANO
COLOR: 6050 WH I TE LiNE N
WOOD DECK I NG&. TRELLIS
srSTEM: G,\RAPA
CC'LOR. WOOO PLUS lC
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WOODLIKE SHADE CANOPY
& ALTERNATE TRELLIS
SYST::.M. LONGBQARD
COLOR DARK AC,;C i A
STONE BASE
SYSTEM MISSOURI LIMESTONE
COLOR· E\'/ GOLO
METAL • STOREF"RONT
SYS'lEM OURANAH XL
COLOR SrLVf.R S HADOW
METAL · RAILINGS, STAIRS.&. LOUVERS
SYSTEM. DURANAR XL
CC·LOR . SILVER GRAY
§:§1
~
MESH RAILING
SYSTEM· JAKOB
COLOR: SILVER CHAY
METAL · COPING AND DOORS
S'l'STEM OUIH,NAR
COLOR . B ON E WHITE
►
----, "'
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LEGEND
32~37 ELEVATION
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ELKUS I MANFREDI
A RCI-IIT£CT$
NORTH RESTAURANT EXTERIOR ELEVATIONS: WEST
COT IN O TOWN CENTER NORTH RESTAURANT & PHASE 1 MASTER INFRASTRUCTURE I P RELIMINARY DEVELOPMENT PLAN I PACE
16 11
-
5 7
@;) ~~.~.~~-~-~~.; ~!.~~;"~~~-
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32¼87
317.2
NOTE: SEE MASTER SITE PLAN, PAGE 5 FOR CROSS SECTION LOCATION LEGEND
32~37 ELEVATION
---------'l"-~ ~~
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======== iU ; ::::::
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ELKUS I MANFREDI
A RC HI TECTS
NORTH RESTAURANT SITE SECTIONS: NORT~ll~/1~2,HI,~.~J-I PAG E COT INO: TOWN CENTER NORTH RESTAURANT & PHASE 1 MASTER I NFRASTRUCTURE I PRELIM INARY DEVELOPMENT PLAN 17
11 -
5 8
NOTE: SEE MASTER SITE PLAN, PAGES FOR CROSS SECTION LOCAT ION @;) ~!~.~~.~.:~.; ~!.~~;"~~~.
:>ia."M>;•r ... ,.,,, ... ..,,1.1S.,,,,;.,..o,;Ut'•;1 C00<<J,'lil00"-CIS
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32~37 ELEVATI O N
32~87
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ELKUS I MA:::!~~!
NORTH RESTAURANT SITE SECTIONS: EAST & WEST C~I
i1
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0!Bi11M!·tie◄·i21·i'i#·i•E·r?W
CO TINO: TOW N C ENT ER NORTH RE STAU RA NT & P HAS E 1 MASTER INFRAS TR UCT UR E I PRELI M INA RY D EV ELOPM ENT PLAN I PACE
11 -
5 9
W000 OECII.I NC &. TRELLIS 2
$YST(M. GARA P.O.
COLOR WO OD PLUS l O
1 HALF" CLCAR I HALF" TEA~ SU i ?\ j
~ ~~~.:~.~~~-~ ~!.~~;}.'.,~~. ~-r ~~. E,..·•oo m..,1~5-••.;,:ft . 01\ U: ~:y Coo,11,•t>Qn ,CIS "·-lCC'"'-~-"" p_... •••· (•tmorH•'UO""""'i.,.. .. :~,11"«"'" r; 1 EXTERIOR W A LL
SYSTEM · E·i'S. STO
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COl.OQ 6050 IVHIH llNEN
STONE BAS£
SYSTEM· il,IISSOUR I LIME5TONt
COLOR . ::..w GOLD
E LK US I M A N FRE DI
ARCHITECTS
COLOR MATERIALS BOARD I PAGE
COTINO: TO W N CENTER NORTH RE STA URANT & PHASE 1 MA STER INFRASTR UCTURE I PRELIMINARY DE~~~~,;~:~~ 1M.:N-19
11 -
6 0
~ ~~.~.~ tan~ .• n~ • En,ir onrl'lff'l•I s~"'''"' • o.., u::~:y Coord ~"'""' • CIS
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WALL TREATMENTS ARE REPRESENTATIVE EXAMPLES:
A FINAL WAU TREATMENT FOR THE NORTH RESTAURANT WILL BE
SUBMITTED WITH THE FINAL OEVELOPMENT Pl.AN.
ELK U S I MA ~~!~~!
WALL TREATMENT PRECEDENTS
COT I NO TOWN CENTER NORTH RESTAURANT & PHASE l MASTER INFRASTR UCTUR E I PRELIMINARY DEVELOPMENT PLAN I PAGE
20 11
-
6 1
LANDSCAPE
TOWN CENTER NORTH RESTAURANT
~ ~!~-~~.~.~-~.~ ~!,~~:,:.~:.
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if Legend
@ North Restaurant
® Gallery View Woy
@ Monterey Avenue Streetscope
@) Monterey Avenue Entry
© Poseo & Park ing Lot
-· --Town Center lnfostructure Boundary Line
-• • -Town Center North Restaurant Boundary Line
Planting Notes
• Plants with thorns, spikes, or poisonous sap are to be minimum 3 feet away from pedestrian walkways
• All canopy trees are at least 3 feet from pedestrian walkways IRMMC Section 17.24.040]
Ltl '~
OVERALL LANDSCAPE PLAN ~ ~~'~,;~-~~-~-~ ~!.~.~:,i.~~.
p1.,. .. ~. ~""''"'' ...... :.is. ... c.-.. 0 1)' Ulij\; cou,c ,-..1., .. -GIS ,.,,.-,11o<_r;,...-_,,.. ... •F C•W1lJl-...:17'"""1..W:0-'-"·-.n: "" COTINO TOWN C ENTER NORTH RESTAURANT & PHAS E l MASTER INFRASTRUCTURE I PRELIMINARY D EV ELOPMENT PLAN 1 •:E
11 -
6 3
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Legend
0 Desert Garden
G) 25' Fan Palms
0 Dote Palm Grove
0 Dining Terrcce
0 18" High Concrete Seat Wall
0 Kiosk (For Reference Only)
0 Entry Stairs 6 Risers With
14" Tread
0 ADA Accessible Walkway
0 Fire Access Walkway
@ Service Gate
Key Map
$
PACE
COTI NO• TOW N CEN TER NORTH RESTAURANT & PHASE l MASTER INFRASTRUCTUR E I PR ELIM IN ARY DEVELOPMENT PLAN ~• NORTH RESTAURANT LANDSCAPE PLAN (ENL,t~~A~~~J.tJ.I
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:.,,1,,,,
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Legend
0 Desert Garden
0 25' Fon Palms
0 Date Palm Grove
0 Dining Terrace
0 18" High Concrete Seal Wall
0 Kiosk. (for Reference Only}
0 Moveable furniture
~ Entry Stairs 6 Risers With \V 14'' Tread
0 ADA Accessible Walkway
@ 8' Block Wall
@ Decomposed Granite Paving
@ Decorative Concret e Paving
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PAGE
COTI NO: TOW N CENTER NORTH RESTAURANT & PHASE l MASTER INFRASTRUCTURE I PRELIMINARY DEVELOPMENT PLAN ~,.
NORTH RESTAURANT ENLARGEMENT (ENL,ej~9-~¾'~~J tJ_ I
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Asph a lt Se rvice Yard
Key Map
~ ~~~-~~-~=~-~ ~).~~;"l"~~-~"r·n• • E"' ·•o,,m..,l•I ~-t>·,c.,. • Dry u, ~cy Coor OSEO C,RANllE l .'.l• DEPTH CAur o ~NIA GOLD
-~
Decorative Concrete
Paving
18" Concrete Seotwoll
N
$
3/4 " Gravel
California Gold ~ Ll ~
0 Wood Slat Bench
Landscape Forms
Harpo 69" Aluminum-White
Powder Coated Frame
Jarrah Wood Slats
PAGE
COTINO: TO W N CENTER NORTH RE STA URA NT & PHASE 1 M A ST ER I NFRASTR UCTU RE I PRELIMINARY D EV ELOPM ENT PLAN ~• NORTH RESTAURANT HARDSCAPE (EN~~.9.~.~§~Jf'J.I
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PAG E
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PAG E
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Acacia smaUi
Sweet Acacia
Hesperaloe /uni/era
Giant Hesperolce
Corissa mocrocoipo
Green Carpet Notol Plum
~ ~!~.~~.~:.~-~ ~-~~~;.}.~:.
:>Lo~"'"" -E"" • FALSE YUCCA
... -
s • YUCCA RECURVlFOLIA 5GAL
SOFT LEAF YUCCA
GROUNDCOVERS QTY BOTANICAL /COMMON NAME
1 5'ZE
e " CARISSA MACROCARPA 'CREEN CA.RPIT SCAL
GREEN CARPE'T NATAL PLUM
!
0 " DALEA CAPITA TA 'SIERRA GOLD' 15GAL
SIERRA GOLD OALEA
I
NOTE: PLANTS W ITH THORNS , SPIKES , OR POISONOUS SAP ARE TO BE MINIMUM 3' AWAY FROM PEDESTRIAN WALKWAYS
PAGE
CO TINO: TOWN CENTER NORTH RE STAU RANT & PHASE 1 MASTER INFRASTRUCTURE I PRELIM INARY DEVELOPMENT PLAN ~a NORTH RESTAURANT (ENLARGEMENT A) PLA,~I,;<;=.~~.?..%f..l I
11 -
6 9
ENGINEERING
PHASE 1 MASTER INFRASTRUCTURE
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lU ILDINGS USE
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NO U H kESTAllkAHT
(IEACHUVH)
NOUH USTAUkAHT
(MAJ~U~~~ECK)
NO U HkESTAURANT
1Mf~=EU
PAR.ICING TABULATION
VE~~~!~~ :no I :::~~ I k:~:0
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NOTi: RESTALIRANT PAIUUNG R[QUUU:M.ENT IMY I( R(OUCEO WITH Ol'I' APPROVAi.Of A SHAJttD PARIUM(i 5TVDY roR THE TOWN CENTER. AU R(STAURANT { ......
SECTION A-A
ILLUSTRATION WAY. PAIN~IVE & GALLERY VJEWWAY
(DOUBLE SIDED PARALLEL& ANGLED PARKING}
PERSP.SEEflGURE2.JC
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VICINITY MAP -N.T.s--~ • 1 1 r I F.
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7 3
LANDSCAPE
PHASE 1 MASTER INFRASTRUCTURE
~ ~~~.~~.~.~-~.~ ~!.~~ .. L~S.
Pl.,...,ng •lr.,.on....,n:al~,v,te,; ,o,,.u:il!,yCoodi,,.,,on ,Ct~ :kl00-•""'"""'"'"'""" •. ~~Wllll1".lllll•11._-...,..,. • .,.,...,
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Ga ll ery V iew Way (Typi cal)
~-l-l"1-l I : . .:~ 0 ,u__J
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Ga ll e ry Vie w Woy
Legend
N 0 Retail 0 Planting Area
0 Street Parking 0 Landscape Woll $
Key Map
"· "
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~, .. ,~ ..._ • r,.,,,o,,,,.,.~:.i -:...,, c ... Dr, u1~ ·, Coo•a,,..,.o~. CIS ~i-:,;, ... ,_o, .,,., ... _,,,;;.c•wrn1..,,-r-p,,w. c.t..,, "'"' 0 Parking lot Entrance/Exit
Planting Sc hedul e
TREES QTY BOTANICAL I COMMON NAME
0 ' PARKINSONIA X 'DESERT MUSEUM'
DESERT MUSEUM PALO VERDE
0 ' TIPUANA TIPU
TIPUTREE
PALMS QTY BOTANICAL I COMMON NAME
0 ' BRAHEA ARMATA 'CLARA'
CLARA MEXICAN BLUE PALM
e 26 WASHINGTONIA FILIFERA
CALIFORNIA FAN PALM
SHRUBS QTY BOTANtCA.1. I COMMON NAME
Cl
rn, EREMOPHILA HYGROPHANA 'BLUE BELLS'
BLUE BELLS EMU BUSH
SIZE ACCENTS QTY BOTANICAL/ COMMON NAME
24"80X • 5 AGAVE MURPHEY!
t.1URPHEY'S CENTURY PLANT
60"80X ~ 83 AGAVE OCAHUI
CENTURY PLANT
SIZE • 80 AGAVE PARRY! TRUNCATA
PARRY'S AGAVE
12' 8TH G) 65 ALOE BA.RBAOENSIS
ALOE VERA
92 ECHINOCACTUS GRUSONII
1,:r -1s· BTH "' GOLDEN BARREL CACTUS
~ " HESPERALOE PARVIFLORA 'PERPA'
BRAKELIGHTSQ!l RED YUCCA
S•ZE
3GAL it: " HESPERALOE PARVIFLORA .YELLOW
YELLOW YUCCA
0 ' PACHYCEREUS PRINGLEI
CARDON
SIZE GROUNOCOVERS
5GAL • 3GAL 2':·,
5GAL
5GAL
5GAL
3GAL
SGAL
36'' BOX
QTY BOTANICAL/ COMMON NAME
6 CARISSA MACROCARPA 'GREEN CARPEr
GREEN CARPET NATAL PLUM
36 DALEA CAPITA TA 'SIERRA GOLD'
SIERRA GOLD DALEA
GRAVEL.
CALIFORNIA GQ.O ~··
STABILIZED DECOMPOSED GRANITE j3" DEPT!,
CALIFORNIA Ga.0
CONCRETE PAVING
SIZE
SGAL
5GAL
PAGE MASTER INFRASTRUCTURE GALLERY VIEW WAY LANDSCAPE PLAN TYPI CAL (ENY.;W,l?.71~W.~J.:J.I I COTI NO: TOW N CENTER NORT H RES TAU RANT & PHASE 1 M AST ER INFRASTR UCTU RE I PRELI M I NA RY DEV ELOPMENT PLAN 71 11
-
7 5
Key Map
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1.10,,;a..,....,~. -~'"'"'"•~.C•WT~l"'l'.~..,,I~_..._,.. "'" Monterey Ave. Streetscape & Entry (Typical)
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Planting Sc h edu le
ITR!:ES OTY BOTP.".JI CAL tCQM'.iON NANE ~ZE
Q 9 PARKINSONIAX 'OE3ERT MUSEUM' p.:i-oox
C€Si:RT MUSEUM PALO VERDE
0 ' PR0$0PIS Y-'AZT SEEClESS' l 24"80 X
,'IT SEEDLESS HYBRID MESOUIT::.
PALMS QTY BOTANI CAL /COfA'.10N NAM='. SIZE e " WASHINGTON!A FlLIFERA j1 4 -18 BTH CAUFORN!A.FANPALM
SHRUBS QTY BOTN-JICAL i COMMON NAME ~ZE
9 ,, CALLl..l\NDRA X UrNCA' SGAL
SIERRA STARR>!'FAIRY CUSTER
I ACCENTS QTY BO TANI CAL:COMMON NAME: SIZE
• " AGAVE MU~;:,HEY I 5G A.L
MURPHEY'$ CENTURY ?LANT
• 209 AGrVE PAPRYI TRUNCATA 5GAL
PARRY'S AGAVE
Q) 170 AL.OE 8AAB1>.DENSIS. 5GAL
ALOE VERA
0 1i)f,; ECHt«)CACTUS GRUSOtJU SC.Al
C-OLOEN BARREL CACTUS
* " HESPER ALOE FUNIFERA 15~Al.
GI ANT HESPERALOE
0 3 PACl-fl'CEREL,"S PRINGLE! 3(,'80)(
CAPOON
Note: Planting shown on Monterey Slreetscope is temporary.
Fino! Monterey londscoping will be provided with future Town Center POP.
c•,wec
CAUFORNI" GO..D
ST"-B UZED OECO-.POSHIGR,OlllE
C,._UFOPNIA CAO
Legend
0 0
G)
0 0
Planting Area
C onc rete Sidewalk
Crosswalk
La ndscape Wall
Fan Palms
$
MONTEREY AVENUE STREETSCAPE & ENTRY TYPICAL (ENLAR9,~t!~~J ,TH~.PJ.I PAGE COT I NO: TOWN CENTER NORTH RESTAURANT & P HASE l MASTER INFRASTRUCTURE I PRELIMINARY DEVELOPMENT PLAN I
11 -
7 6
Key Map
~ ~~~-~~.~.:.~.~ ~.1.~~;,"'.~:.
~l•r~''l9 • f,,.,,,o,,-wn,..,S.,,...(••. Or)-l,llil\) Co,.,,Q,,..l..,,. • c.15 ,.,.,, • ..,_:> ·,t>,•~•4 .r•~r.Ol"fiO\X-I~·.,.,,,,.,.,, ~ .. ......_._~~
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Section E
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WASH I NGTONIA FILIFERA
GROVE
""'-1£' WASHINGTONIA FIUFERA
GROVE
·-~~----~~---~ . ..._,,~---
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8' W IDE WALKING TRAIL
MONTEREY AVENUE
:1: HART HOWERTON
MONTEREY AVENUE SECTION & ELEVATION I PAG E
COT I NO TOWN C ENT ER NORTH RE STAURA NT & P HAS E , MASTER I N FRASTR UCTUR E I P RELI M INA RY D Ev~t~%~~~Y 1Pe:N-36
11 -
7 7
Key Map
,,
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Planting Schedule
TREES QTY BOTANICAL I COMMON NAME 'SIZE
0 "' ACACIA ANEURA 24"BOX
MULGA
0 2G PARKINSONIA X 'CESERT MUSEU._,r 48"80X
DESERT MUSEUM PALO VERDE
0 27 TIPUANA TIPU .,-BOX
T!PUTREE
PALMS QTY 80TANICAI..I COMMONNAME see
4'.,;; ' WASHINGTONIA ROOUSTA
I
12·erH
MEXICAN FAN PALM
! ...
ACCENTS QTY BOT AN!CAL I COMMON NAME see • " AGAVE OCAHUI 3GAL CENnJRY PLANT
• "' HESPERALOE PARVlflORA 'PERPA' 3GA'-
BRAKEUGHT~ RED YUCCA
• 66 HESPERALOE PARVJFLORA 'VELLO\.V 5GA'-
YELLOW YUCCA
GROUNOCOVERS QTY BOTANICAL I COMMON NAME I SIZE
m IOALE.A CAPITA TA 'SIERRAGOI..D' 15GAL SIERRA GOLD DALEA
HAAOSCAPE MATERIAL TYPE SIZE
GPAVEL 1314"
CALIFORNIA GD.0
STABILIZED DECOMP OS ED GR;..N !TE 13" OEPTI-t
CALIFORNIA GCl.O
CONC RET E PAVING
Legend
0 Planting Area
0 Parking Shade Trees
G) Canopy Shode Tree s
0 Poseo Entranc e
0 Retail
©
PAGE
COTINO: TOWN CENTER NORTH RESTAURANT & PHASE l MASTER INFRASTRUCTURE I PRELIMINARY DEVELOPMENT PLAN ,~ PASEO & PARKING LOT ENLARGEMENT TYPICAL (EN!f::~f.7.~~~T..~.LI I
11 -
7 8
IN THE CITY OF RANCHO MIRAGE, COUNTY OF RIVERSI DE, STATE OF CALIFORNIA Landscape Shade Analysis
EXHIBIT DATE: September 28, 2023
ONSITE PARKING DATA; I PARKING STAU AREA I SHADED PARKING AREA TOTAL PARKING l 76,899SF I 34 ,537SF
CODE: ONE 6'X 18' PLANTER FINGER FOR EVERY JO PARKING SPACES PROV IDED: ONE 6'X18' PLANTER FINGER FOR EVERY 3 PARKING SPACES CODE: 25% SHADING FOR PARKING SPACES
PROVIDED: 44% SHADING FOR PARKING SPACES
'TREES SHOWN WITH 25' C ANOPY AT 15 YEARS OF AGE
@;) ~t~ .. ~ Q. "1)1
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MASTER INFRASTRUCTURE PARKING SHADE STUDY
COTINO: TOWN C ENTER NORTH RESTAURA NT & P HASE l MASTER INFRASTRUCTURE I PRELIMINARY DEVELOPM ENT P LAN PAGE
38 11
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7 9
V,
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---v,
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Murphey's Century Plant
Hespero/oe funifera
Giant Hesp eraloe
Dalee copitcto 'Sierra Gold'
Sierra Gold Daleo
Prosopis x 'A IT Seedles.s' Poncinsonio I( ·oesert Mvseum • Desert Museum Pa lo Verde AZ T Seedless Hybrid Mesquite Tipuono tipu
fipu lre e
Agave ocohui
Century Plant
Agave ponyi lr uncoto
Parry's Agave
Aloe borboder.sis
Aloe Vero
Hcspcroloe parvitloro 'Perpo· He~roloe porvif.ora 'Yellow Brokelights Red Yucca Yellow Yucca
V,
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•.
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Sierra Storr Fairy Dus ter
Pochycereus pn n glei
Cordon
F.remophiJo hygropncno
Blue Selis Emu Bush
Washingtonio !ililem
Cohtornio Dale Palm
Echinocactus gruson!i"
Golden Borre! Cactus
Wosllingronio robus to
Mexican Fon Pa lm
Plant Sc h edule
TREES QTY BOTANICAi. i C0~1MON NAME S~E
0 125 ACACIA ANEURA 24"B0X
MULGA
0 9 PARKINSONIA X 'DESERT MUSEUM' 24"BOX
DESERT MUSEUM PALO VERDE
0 ,. PARKINSONIA X 'DESERT MUS EUM' 48"BOX
DESERT MUSEUM PALO VERDE
0 15 PROSOPIS X 'AZT SEEDLESS' 24"SOX
AZT SEF.DL ESS HYBRID MESQUITE
0 " TIPUANA TIPU 60"BOX
TIPU TREE
PAI.MS QTY BOTANICAL I COMMON NAME SIZE
@ "' WASHINGTONIA F ILIFERA 14 ·.1a·arH
CALIFORNIA FAN PALM
1) ' WASH!NGTONIA ROBUST A 12· 8TH
MEXICAN FAN PALM
SHRUBS QTY BOTANICAL I COMMON NAME .. ,
0 39 CALLIANDRA X '1.IANCA' OGAL
SIERRA STARR~FAIRY DUSTER
"' EREM Of'HIL.A HYGROPHANA "BLUE BH LS' 3GAL
"' BLUE BEUS E~1U BUSH
ACCENTS QTY BOTANICAL / COMMON NAME s~,
... " AGAVE MURPHEY! OGAL
MUHP,,jEY'S CENTURY PLANl
Q "' AGAVE OCAHUI 3GAL
CENTURY PLANT
• 2-09 AGAVE PARRY1 TRUNCATA OGAL
PARRY'S AGAVE
QJ
HO ALOE BARBADF.NSIS OGAL
ALOE VERA
.,,.. 195 ECHINOCACTUS GRUSONll SGAL
GOLDEN BARREL CACTUS
* 25 HESPERALOE FUNIFERA 15GAL
GIANT HESPERALOE
• 2'7 HESPERALOE PARVIFLORA 'PERPA 3GAL
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39 12-1
TO :
FROM:
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~ 21
STAFF REPORT
Mayor and City Council
Pilar Lopez, Senior Planner
DATE: November 16, 2023
SUBJECT: Environmental Assessment Case No. EA22-0016 and Preliminary Development Plan Case No. PDP22 -0003 -Nova Lane 9-Lot Residential Development
SPECIFIC REQUEST OR RECOMMENDATION
That the City Council:
A. Find Preliminary Development Plan Case No. PDP22-0003 to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15162 and determine that the previously adopted Negative Declaration based on Environmental Assessment Case No. EA050030 is still valid for the proposed project; and,
8. Approve Preliminary Development Plan Case No. PDP22-0003, subject to the conditions of approval and based on the content and findings in the staff report.
JUSTIFICATION OR INFORMATION
PROJECT SUMMARY
The applicant, Jacqueline Park, is requesting approval of a Preliminary Development Plan application to construct nine single-family residences on Tract No. 33329 along Nova Lane, a gated private street within the subdivision. The project consists of three plan types, with detached Accessory Dwelling Units (ADU) and range in size from 4,500 to 4,900 square feet. The proposed plan types and ADUs are designed desert modern architectural style. Front yard landscaping is also included as part of the project.
PLANNING COMMISSION
On October 26, 2023, the Planning Commiss'ion conducted a duly noticed public hearing to consider the project. As summarized in the minutes attached to this report, the Commissioners' asked questions to which staff answered. The Planning Commission staff report, and draft minutes are included as Attachments 4 and 5.
After due consideration of the staff report, presentation, and public testimony, the Planning Commission made the following motion:
AGENDA ITEM#
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DATE: November 16, 2023
EA22-0016 and PDP22-0003
JUSTIFICATION OR INFORMATION CONTINUED
MOVED/SECONDED BY AGOSTINI/CHANTER TO RECOMMEND THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:
A. APPROVE PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP22-0003 TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15162 AND 15061 (8)(3) AND
DETERMINE THAT THE PREVIOUSLY ADOPTED NEGATIVE DECLARATION BASED ON ENVIRONMENTAL ASSESSMENT CASE NO. EA050030 IS STILL VALID FOR THE PROPOSED PROJECT.
B. APPROVE PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP22-0003,
SUBJECT TO THE CONDITIONS OF APPROVAL AND BASED ON THE CONTENT AND FINDINGS IN THE STAFF REPORT.
MOTION CARRIED 5/0
ENVIRONMENTAL ASSESSMENT
The previously approved project (Tentative Tract Map No. 33329 and Environmental Assessment Case No. EA050030) for a nine-lot single-family residential subdivision was reviewed for compliance with the California Environmental Quality Act (CEQA). The City Council adopted a Negative Declaration on May 4, 2006. A Notice of Determination was filed with the Riverside County Clerk on March 31, 2006. Circumstances have not significantly changed in the project or in its vicinity. Pursuant to Section 15162, no further consideration is required. Based on Environmental Assessment Case No. EA050030, the City prepared and filed an Initial Study and a Notice of Intent to Adopt a Mitigated Negative Declaration for the Project. A Notice of Availability for the Negative Declaration was filed on May 4, 2006 with the Riverside County Clerk after the Tentative Tract Map received approval from the City Council.
CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) provides that when an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that there are new significant environmental effects due to a change in the project or circumstances, and there is no new information of substantial importance as identified in CEQA Guidelines Section 15162(a)(3). The proposed project is a request to construct nine single-family residences on Tract 33320. The project consists of three plan types and ranges in size from 4,500 to 4,900 square feet. With respect to the proposed project. The current request does not propose to amend the project boundaries, uses, or development intensities of the original approval. Pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162, the City analyzed whether the revisions would result in new significant impacts or substantial increase in severity of previously identified impacts. Based on Environmental Assessment Case No. EA22-0016 and the City's analysis, no subsequent EIR, supplemental EIR, or subsequent negative declaration is required.
AGENDA ITEM#
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DATE: November 16, 2023
EA22-0016 and PDP22-0003
JUSTIFICATION OR INFORMATION CONTINUED
NOTICE OF PUBLIC HEARING
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 500 feet as measured from the exterior boundaries of the subject parcel.
On November 1, 2023 , public hearing notices were mailed to property owners within a 500 -foot radius of the parcel boundary 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 November 5, 2023. Any information addressed to the Planning Commission, but received after the 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.
ATTACHMENT(S):
1. Aerial Photo
2. Public Hearing Notice
3. Draft Notice of Exemption
4. Planning Commission Staff Report dated October 26, 2023 (Without Attachments)
5. Planning Commission Draft Meeting Minutes dated October 26, 2023
6. Exhibit Booklet
AGENDA ITEM#
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Environmental Assessment Case No. EA22-0016
Preliminary Development Plan Case No. PDP22-0003
Nova Lane 9-Lot Residential Development
Aerial
ATTACHMENT 1
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ATTACHMENT 2
~ CITY OF RANCHO MIRAGE
Applicant:
Request:
Location:
Planning Division
69-825 Highway 111
Rancho Mirage, CA 92270
Phone 760/328-2266
PUBLIC HEARING NOTICE
CITY COUNCIL REGULAR MEETING
Thursday, November 16, 2023 -1 :00 p.m.
Environmental Assessment Case No. EA22-0016
Preliminary Development Plan Case No. PDP22-0003
Jacqueline Park on behalf of 33329 Josefina, LLC.
Consideration to construct nine (9) single-family residences with Accessory Dwelling Units (ADUs) within a private cul-de-sac street, Nova Lane. The project site is Tract No. 33329 on the east side of Via Josefina .
The project consists of three plan types that range in size from 4,500 to 4,900 square feet.
East side of Via Josefina, approximately 1,400 feet south of Via Vail within Section 30; APNs: 685-420-001 through -09.
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the City of Rancho Mirage CITY COUNCIL RE: consideration of the above-referenced application pursuant to Rancho Mirage Municipal Code Title 17. The City Council adopted a Negative Declaration and a Notice of Determination was filed with the Riverside County Clerk on March 31, 2006. Circumstances have not significantly changed in the project or in its vicinity . Pursuant to the California Environmental Quality Act Guidelines Section 15162, no further environmental review is required.
The Public Hearing will be held on Thursday, November 16, 2023, at 1 :00 p.m., in the Council Chamber, 69-825 Highway 111, Rancho Mirage, California, at which time and place pertinent testimony will be heard. The file, including all environmental information, is available for public inspection at City Hall, Monday through Friday, between 8 a.m. and 5 p.m.
Written testimony may be submitted to the City Clerk via email to [email protected] , or mailed to City of Rancho Mirage, ATTN : City Clerk, 69-825 Highway 111, Rancho Mirage, CA 92270. Written testimony must be received no later than 10:00 a.m. on the day of the meeting to be considered by the City Council.
GOVERNMENT CODE § 65009 NOTICE: If you challenge this proposed activity in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City Council sufficiently prior to the Public Hearing to enable its consideration by them .
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EA22-0016 & PDP22-0003
Vicinity Map -Not to Sca le
DINAH SHORE DR.
GERALD FORD DR.
VICINITY MAP
N.T.S.
November 16, 2023
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Phone 760/328-2266
Community Development Department
69-825 Highway 111
Rancho Mirage CA 92270
NOTICE OF EXEMPTION
To: D Office of Planning and Research
P.O. Box 3044
IZJ Chief Deputy County Clerk
3470 12th Street
Sacramento, CA 95812-3044 Riverside, CA 92501
ATTACHMENT 3
Fax 7 60/324-9851
Project Title/Case Nos. Environmental Assessment Case No. EA22-0016 and Preliminary Development Plan Case No. PDP22-0003
Project Location:
Section 30 on the east side
of Via Josefina
approximately 1,400 feet
south of Via Vail.
APNs:685-420-001
through -09 .
Applicant/Representative:
33329 Josefina LLC
Attn: Jacqueline Park
23679 Calabasas Road STE 12
Calabasas, CA 91302
Project Description:
Approval to construct nine (9) single-family
residences with Accessory Dwelling Units
(ADUs) within a private cul-de-sac street,
Nova Lane The project consists of three
plan types that range in size from 4,500 to
4,900 square feet.
Name of Public Agency Approving Project: Name of Person or Agency Carrying Out Project:
City of Rancho Mirage Pilar Lopez
Senior Planner
Exempt Status: (check one)
D Ministerial (Sec. 2108o(b)(1); 15268); D Declared Emergency [Sec . 2108o(b)(3); 15269(a)] D Emergency Project [Sec. 2108o(b)(4); 15269(b)(c)]; D Statutory Exemption; Code N.Q _____ _ D Categorical Exemption. State type and Section number:
D_other. State Type and Section number: CEQA Guidelines. Section 15162 -Subsequent EIRs and Negative Declaration
Reasons why project is exempt: The previously approved project (Tentative Tract Map No. 33329 and Environmental Assessment Case No. EA050030) for a nine-lot single-family residential subdivision was reviewed for compliance with the California Environmental Quality Act (CEQA). The City Council adopted a Negative Declaration on May 4. 2006. A Notice of Determination was filed with the Riverside County Clerk on March 31, 2006. Circumstances have not significantly changed in the project or in its vicinity. Pursuant to Section 15162, no further consideration is required. Based on Environmental Assessment Case No. EA050030, the City prepared and filed an Initial Study and a Notice of Intent to Adopt a Negative Declaration for the Project.
A Notice of Availability for the Negative Declaration was filed on May 4. 2006 with the Riverside County Clerk after the Tentative Tract Map received approval from the City Council
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CEOA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) provides that when an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that there are no new significant environmental effects due to a change in the project or circumstances, and there is no new information of substantial importance as identified in CEOA Guidelines Section 15162(a)(3). The proposed project is a request to construct nine single-family residences on Tract 33320. The project consists of three plan types and ranges in size from 4,500 to 4,900 square feet. The current request does not propose to amend the project boundaries, uses, or development intensities of the original approval. Pursuant to Public Resources Code Section 21166 and CEOA Guidelines Section 15162, the City analyzed whether the revisions would result in new significant impacts or substantial increase in severity of previously identified impacts. Based on Environmental Assessment Case No. EA22-0016 and the City's analysis, no subsequent EIR, supplemental EIR, or subsequent mitigation negative declaration is required. No further environmental review is required .
Lead Agency Contact Person: Pilar Lopez, Senior Planner Telephone No. (760) 328-2266 Date: November 16, 2023
Pilar Lopez, Senior Planner
[2] Signed by Lead Agency Date Received for filing at OPR: ~---------------
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ATTACHMENT 4
STAFF REPORT
TO: Planning Commission DATE: October 26, 2023
FROM: Pilar Lopez, Senior Planner
SUBJECT: Environmental Assessment Case No. EA22-0016 and Preliminary Development Plan Case No. PDP22-0003 -Nova Lane 9-Lot Residential Development
SPECIFIC REQUEST OR RECOMMENDATION
Staff recommends that the Planning Commission:
A Recommend that the City Council find Preliminary Development Plan Case No .
PDP22-0003 to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15162 and 15061 (b)(3) and determine that the previously adopted Mitigated Negative Declaration based on Environmental Assessment Case No. EA050030 is still valid for the proposed project; and, B. Recommend that the City Council approve Preliminary Development Plan Case No .
PDP22-0003, subject to the conditions of approval and based on the content and findings in the staff report.
ATTACHMENTS
1. Aerial Photo
2. Public Hearing Notice
FACTS
1. Applicant:
2. Purpose of Request:
3. Location:
4 . Parcel Size:
5. Existing Streets :
6 . Existing Land Use :
Planning Commission Staff Report
3. Draft Notice of Exemption
4 . Exhibit Booklet
Jacqueline Park
Consideration to construct nine (9) single -family
residences with Accessory Dwelling Units (ADUs)
within a private cul-de-sac street, Nova Lane. The
project consists of three plan types that range in
size from 4,500 to 4,900 square feet.
The project site is located within Section 30 on the
east side of Via Josefina approximately 1,400 feet
south of Via Vail. APNs: 685-420-001 through -009 .
Ranging from 15,014 SF to 17,120 SF
Via Josefina and Nova Lane
Undeveloped residential tract
AGENDA ITEM#
DATE: October 26, 2023 EA22-0016 & PDP22-0003 Page 2 of 19 JUSTIFICATION OR INFORMATION CONTINUED:
7.Existing General Plan/Zoning:
8.Surrounding Land Use:
9.Surrounding General Plan/Zoning:
10. Environmental Information:
11. Application Deemed Complete
SUMMARY
Very Low Density Residential (2 d.u./acre max. [R
L-2])
North: Existing single-family home & vacant land;
East & South: Vacant land;
West: Residential estates.
North: R-L-2 & Medium Density Residential (R-M)
East & South & West: R-L-2
This Project is exempt from the requirements of
CEQA pursuant to CEQA Guidelines Section 15162
and 15061 (b)(3). A previously adopted Negative
Declaration based on Environmental Assessment
Case No. EA050030 is still valid for this project. No
substantial changes are proposed to the project
and no potential new impacts have been identified
that would require further environmental review.
Street name changes are exempt from CEQA
pursuant to CEQA Guidelines Section 15061 (b)(3).
September 20, 2023
The applicant, Jacqueline Park, is requesting approval of a Preliminary Development Plan application to construct nine single-family residences on Tract No. 33329 along Nova Lane, a gated private street within the subdivision. The project consists of three plan types, with detached Accessory Dwelling Units (ADU) and range in size from 4,500 to 4,900 square feet. The proposed plan types and ADUs are designed desert modern architectural style. Front yard landscaping is also included as part of the project.
BACKGROUND
The subject property is located in Section 30, which is bounded on the north by Dinah Shore Drive, on the south by Gerald Ford Drive, on the east by Monterey Avenue, and on the west by Bob Hope Drive. The west half of Section 30 was annexed from the County of Riverside to the City in 1994. A Master Circulation Plan for Section 30 was approved in 1999 with the intent to address drainage constraints and traffic issues, and was last amended on December 18, 2014, for the realignment of Via Florencia. The subject property is also subject to the Section 30 Design Guidelines, which contain provisions for enhanced landscaped parkways, walls, vehicular access gates, and subdivision entrances. The City Council last amended the Design Guidelines in 2009.
Tentative Tract Map 33329 was originally approved by the City Council on May 4, 2006 and received one-year time extensions on July 17, 2008, June 21, 2018 and June 6, 2019. The Tentative Tract Map was kept entitled through the various Senate and Assembly bills passed by the California Legislation.
Planning Commission Staff Report AGENDA ITEM#
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DATE: October 26, 2023 EA22-0016 & PDP22-0003 Page 3 of 19 JUSTIFICATION OR INFORMATION CONTINUED:
The City Council approved a one-year Extension of Time for Tentative Tract Map 33329 (TTM3X33329) in 2019 and the Final Map was recorded in 2022. In 2021, staff approved Minor Modification Application Permit Case No. MOD21-0053 for landscape changes to the original Tract 33329.
Subdivision Design
A rough grading permit was approved for Tract 33329, with current conditions as a partially graded site with soil stabilizer on the exposed vacant lot. The sole entrance into the project will extend east from Via Josefina to an offset cul-de-sac, providing access to all lots. Entry dimensions are generous and conform to our standard design template for double lane, residential entry and exit lane widths, and vehicle stacking distance standards. Tract 33329 complied with the General Plan and Zoning Ordinance when it was originally approved in 2006 and extended in 2008 . Ordinance 1086 was adopted on November 6, 2014, which comprised of a City initiated Zoning Text Amendment (ZTA) that changed the minimum lot sizes in the R- H, R-M, R-L-2 and R-L-3 zones . The approved lot sizes range from 15,014 square feet to 17,120 square feet and do not meet the current minimum lot size for the (Very Low Density Residential) R-L-2 zone; however, it was determined that because the previous applicant submitted their project well before the City initiated ZTA was adopted, the tract map would not be subject to the revised lot sizes . The approved tentative tract map meets the lot size requirements under the previous development code .
The original tentative tract map was approved prior to the adoption of Ordinance No. 1086 in November 2014 . Ordinance No . 1086 revised the minimum lot size required under the Very Low Density Residential (R-L -2) zoning designation from 15,000 square feet to 18,000 square feet.
Currently, six of the nine lots do not meet the current minimum lot size for the R-L-2 zoning district; however, it was determined that because the original subdivider submitted their project well before the adoption of Ordinance No. 1086, they would not be subject to the revised lot sizes . The current lot sizes range from 15,014 to 17, 120 square feet for an overall project density of 1.88 units per acre .
The approved and recorded tract map meets the lot size requirements under the previous development code. The following table compares Tract 33329 with the City's Development Code standards in the Very Low Density Residential (R -L-2) zoning designation:
Development Feature Development Standards Tract 33329
Parcel Width Minimum 90 ft . Minimum 109 ft .
Parcel Depth Minimum 100 ft. Minimum 130 ft .
Lot Size Minimum 18,000 sq . ft . Minimum 15,014 sq . ft .
Maximum Density 2 dwelling units per acre 1.88 units per acre Site and Surrounding General Plan, Zoning and Land Uses The General Plan and zoning designation of the project site is R-L-2 (Very Low Density Residential). The following table describes the surrounding land uses located adjacent to the subject property:
Planning Commission Staff Report AGENDA ITEM#
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DATE: October 26, 2023 EA22-0016 & PDP22-0003 Page 4 of 19 JUSTIFICATION OR INFORMATION CONTINUED:
General Plan and Zoning Designation Land Use
North Very Low Density Residential (R-L-2) Single Family Home & Vacant & Medium Density Residential (R-M) Land
East Very Low Density Residential (R-L-2) Vacant & HiQh Density Residential (R-H) South Very Low Density Residential (R-L-2) Vacant
West Very Low Density Residential (R-L-2) Residential Estates
ANALYSIS
Review Authority (Rancho Mirage Municipal Code Section 17 .34.010) The proposed project requires City Council review and approval of a Preliminary Development Plan (PDP). The development plan application requires City Council approval. Therefore, the Planning Commission's role in this matter is to forward a recommendation to the City Council for the discretionary entitlement described below.
Development Plan Permit (RMMC Chapter 17.42)
The purpose of Development Plan Permit is to establish consistency with the General Plan and protect the integrity and character of the residential and commercial areas of the city. The process ensures that new development yields a pleasant living environment and attracts the interest of residents and visitors as the result of consistent design.
Site Plan and Project Design
The applicant is proposing mid-century modern architectural designs inspired by minimalism and geometric works for their development plan. The project proposes three plan types . All homes will have a minimum of a two-car garage, with the exception of Lots 2 and 3 (Plan Type A), which will have a three-car side-loading garage. Each home consists of a large open living space focused on the indoor/outdoor connection, a large independent main suite, two additional bedrooms in various layouts and large kitchen area. Detached accessory dwelling units (ADUs) are proposed in the rear yard for all plan types and are between 500 to 680 square feet. The detached ADUs are no taller than 12' from finished grade.
The table below shows the plan type, square footage, and lot coverage proposed for each lot:
Lot Plan House ADU Garage Total Lot Total Lot Lot
Address Coverage Area Coverage Number Type (SF) (SF) (SF) (SF) (SF) (%) Lot 1 1 Nova Lane C1 3,460 680 605 4,745 17,120 27.8
Lot 2 3 Nova Lane A1 3,480 680 740 4,900 16,146 28 .8*
Lot 3 5 Nova Lane A2 3,480 680 740 4,900 15,844 29.4*
Lot4 7 Nova Lane C2 3,460 500 540 4,500 15,098 29.8
Lot 5 9 Nova Lane C3 3,460 540 605 4,605 15,458 29.7
Lot 6 8 Nova Lane C4 3,460 500 540 4,500 15,014 29.9
Lot7 6 Nova Lane 81 3,465 540 505 4,510 15,125 29 .8
Lot 8 4 Nova Lane C5 3,460 540 540 4,540 15,197 29 .8
Lot 9 2 Nova Lane C6 3,460 540 540 4,540 15,136 29.9
*Pursuant to RMMC Section 17.08.020, the third car space, not to exceed 240 square feet, shall not be included in the calculation of building lot coverage so long as that area is being maintained as a three-car garage.
Planning Commission Staff Report AGENDA ITEM#
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DATE: October 26, 2023 EA22-0016 & PDP22-0003 Page 5 of 19 JUSTIFICATION OR INFORMATION CONTINUED:
Plan Type A -Lots 2 & 3
Plan Type A is narrow and deep to match the geometry of lots 2 and 3. Floor plans are mirrored to create fac;:ade differentiation and further variation is included with the use of stone and wood.
Condition of Approval #12 requires abutting lots with the same plan type to provide further differentiation in the use of colors or materials . Plan Type A proposes a 3,480 square-foot home with a 680 square-foot ADU and a three-car garage at 740 square feet. The adjusted lot coverage is proposed at approximately 29% for both lots. The proposed maximum height is 16 feet 6 inches.
Plan Type B -Lot 7
Plan Type Bis only proposed for Lot 7. The proposed home's design will follow a desert modern architectural style, which is a style that is defined by its sleek design and low-profile roofs that blend into the desert environment. The stone, stucco and wood create a desert-appropriate home. The proposed maximum height is 16 feet 6 inches. This plan type proposes a 3,465- square-foot home with a 540-square-foot ADU and a 504-square-foot two-car garage . The proposed lot coverage is just under 30%.
Plan Type C -Lots 1, 4, 5, 6, 8, and 9
Plan Type C is the most common type due to the similar composition of the subject lots. Abutting lots have mirrored floor plans and different combinations of the front fac;:ade with the use of the proposed stone and wood to provide further interest to the future neighborhood. Condition of Approval #12 will require the applicant to propose varied front elevations and color schemes for abutting lots. Plan Type C proposes a 3,460 square-foot home with a 680 square-foot ADU and a two-car garage at 605 square feet. Lot coverage is proposed at approximately 28%. As with the other plan types, the maximum building height is proposed at 16 feet 6 inches.
As set forth in the below analysis, the proposed project is in conformance with the Rancho Mirage General Plan, the Section 30 Master Circulation Plan and Design Guidelines, and development standards for the R-L-2 Zoning District.
Development Feature Development Proposed Meets
Standards Requirements
Minimum Front Setback 25 ft. 25 ft . Yes
Minimum Side Setback 10 ft. 10 ft. Yes
Minimum Rear Setback 25 ft . 25 ft. Yes
Maximum Lot CoveraQe 30%* 29.4%* AveraQe Yes
Maximum Height 20 ft/ One Story 16 feet 6 inches / Yes (chimneys excluded) One Story Off-street Parking Two -Car Garage Two-and Three-Car Yes GaraQe .. *Pursuant to RMMC Section 17.08.020, the third car space, not to exceed 240 square feet, shall not be included tn the calculation of buIldIng lot coverage so long as that area is being maintained as a three -car garage.
Colors and Materials
The exterior elevations are geometric in nature, and feature segmentations of stone, stucco, and glass. The exterior finish will be cement plaster with a light sand texture . The color palette chosen includes neutral shades of greys, whites, and beiges. Window and slider frames can be Planning Commission Staff Report AGENDA ITEM#
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DATE: October 26 1 2023 EA22-0016 & PDP22-0003 Page 6 of 19 JUSTIFICATION OR INFORMATION CONTINUED:
in either clear or dark bronze anodized aluminum . Entry door paint colors include various shades of grey and dark bronze . Each scheme will have distinct architectural accents, such as limestone wall veneer, fixed glass over stucco, and painted metal louvers . The colors and materials palettes are not limited to specific plan types, and the developer or buyer can select the colors and finishes, allowing for customization throughout the development.
Access and Circulation
The residential subdivision will be gated, similarly to other residential developments in the vicinity. Access to the lots will be provided by the 38 -foot -wide, private street, Nova Lane, off Via Josefina, a public street. Typical public streets in Section 30 are classified under the City's General Plan as local streets. Local streets consist of two lanes with a typical right-of-way width of 60 feet. The private street will be maintained by the future Homeowners' Association.
Grading & Drainage
Pad elevations and drainage patterns were established with the approval of Tentative Tract Map 33329 . All proposed single -family lots will drain into the on-site private street, then flow to collect in the combination inlets, and directed to the retention basin system at the end of the cul -de-sac .
The project site is rectangular shaped (elongated in the west-east direction) and is relatively flat- lying, with drainage tending from the west to east. The elevation ranges from 327.33 feet to 322.00 feet with the bottom of the retention basin (Common Lot C) being 314 feet. The landscaped retention basin will be open without fencing.
Landscaping
The project's entry design and parkway landscaping off Via Josefina were established with the approval of Tentative Tract Map 33329 . The common area landscape plan and entry were previously amended in 2021 to update the planting palette and materials under Minor Modification Case No . MOD21 -0053.
The parkway features a desert-appropriate landscape palette and a typical six -foot wide "Yosemite Brown" colored concrete meandering sidewalk in accordance with the Design Guidelines. Common area landscaping includes Mulga trees and palms, along with various accent shrubs, such as agave, for color. Groundcover will consist of crushed rock and pebble installed to a minimum depth of 3 inches . The project has been designed to comply with the City's landscape standards and the Section 30 Design Guidelines for landscaping and parkway improvements .
Front Yard Typicals
As a part of this development plan submittal, front yard typicals for the residential units are provided . The front landscapes feature lineal planting arrangements related to the project's architectural theme and feature desert-appropriate plantings. Canopy trees, such as the Mulga, Palo Verde trees are proposed along with varying palm tree species. The plant palette remains consistent throughout the development with a varied selection of desert-appropriate plantings to soften the hardscape. The project meets the minimum landscaping mix required by the City's landscape development standards. Concrete driveways and other paved areas will be a natural sand finish to complement the development.
Planning Commission Staff Report AGENDA ITEM#
12-15
DATE: October 26, 2023 EA22-0016 & PDP22-0003 Page 7 of 19 JUSTIFICATION OR INFORMATION CONTINUED:
ARCHITECTURAL REVIEW WORKING GROUP
On October 11, 2023, the proposed project was presented to the Architectural Review Working Group (ARWG). Staff provided an overview of the project and opened the discussion. The applicant's team shared a presentation on the overall project concept and expanded on the proposed plan types . The ARWG raised questions regarding the proposed materials, roof and siding considerations and proposed a passive separation between main home and the ADU to allow for privacy. The questions related to the materials and roof design will be addressed upon the submittal of the Final Development Plan.
ENVIRONMENTAL DETERMINATION
The previously approved project (Tentative Tract Map No. 33329 and Environmental Assessment Case No . EA050030) for a nine-lot single-family residential subdivision was reviewed for compliance with the California Environmental Quality Act (CEQA). The City Council adopted a Negative Declaration on May 4, 2006. A Notice of Determination was filed with the Riverside County Clerk on March 31, 2006. Circumstances have not significantly changed in the project or in its vicinity . Pursuant to Section 15162, no further consideration is required.
Based on Environmental Assessment Case No. EA050030, the City prepared and filed an Initial Study and a Notice of Intent to Adopt a Mitigated Negative Declaration for the Project. A Notice of Availability for the Negative Declaration was filed on May 4, 2006 with the Riverside County Clerk after the Tentative Tract Map received approval from the City Council CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) provides that when an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that there are no new significant environmental effects due to a change in the project or circumstances, and there is no new information of substantial importance as identified in CEQA Guidelines Section 15162(a)(3). The proposed project is a request to construct nine single-family residences on Tract 33320 . The project consists of three plan types and ranges in size from 4,500 to 4,900 square feet. With respect to the proposed project. The current request does not propose to amend the project boundaries, uses, or development intensities of the original approval. Pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162, the City analyzed whether the revisions would result in new significant impacts or substantial increase in severity of previously identified impacts. Based on Environmental Assessment Case No . EA22-0016 and the City's analysis, no subsequent EIR, supplemental EIR, or subsequent mitigation negative declaration is required. Moreover, street name changes are exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b )(3) because the changing of street names has no possibility of having a significant effect on the environment. No further environmental review is required .
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 1,000-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 Planning Commission Staff Report AGENDA ITEM#
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of the subject parcel.
On October 11, 2023, public hearing notices were mailed to property owners within a 500-foot radius of the parcel boundary 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 15, 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.
Planning Commission Staff Report AGENDA ITEM#
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CONDITIONS OF APPROVAL
Preliminary Development Plan Case No. PDP22 -0003
I. GENERAL
1. This approval shall be effective for two (2) years from the date of City Council approval.
A final development plan permit shall be obtained within this specific time period, or the preliminary development plan permit shall become null and void unless the expiration date for the project is extended as provided by Rancho Mirage Municipal Code (RMMC) Section 17.42.130.
2. The applicant shall execute a written acknowledgment to the Planning Division stating acceptance of and compliance with all of the Conditions of Approval for this Project and all associated cases, and that the plans submitted are in compliance with the Conditions of Approval. No modifications shall be made to said plans without written approval from the appropriate decision-making body.
3. The Conditions of Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(1 ), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun .
4. The development of the subject property shall conform substantially with the approved exhibits contained in Case No. EA22-0016 and PDP22-0003 and all associated cases on file in the Planning Division. This includes all dimensional and size specifications, landscaping, hardscape, design treatments (including color and materials), and the locations of buildings, structures, and plant materials as shown in the exhibit booklet approved with the development plan .
5. Prior to issuance of any permits, the applicant shall acknowledge that the approved project and any or all proposed modifications to the approved project shall be completed in accordance with applicable City Ordinances, Guidelines, and other requirements in effect at the time of building permit issuance.
6. The mitigation measures contained in the adopted Mitigated Negative Declaration based on Environmental Case No. EA050030 are hereby incorporated as Conditions of Approval. The property owner shall be responsible for implementing the mitigation measures contained within the adopted Mitigated Negative Declaration, as necessary.
7. All green waste shall be disposed of at a permitted composting facility. The applicant shall undertake or cause to be undertaken such action or actions as are necessary to permit and/or otherwise accommodate the implementation of recycling services. Such action or Planning Commission Staff Report AGENDA ITEM#
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actions may include, but are not limited to: designating and providing adequate area at convenient locations with appropriate access for the placement of dumpsters and/or bin sets; constructing permanent enclosures that meet all requirements of the Code of the City of Rancho Mirage for each dumpster and/or bin set; providing for the security of each dumpster to discourage scavenging, and; providing adequate indoor area at convenient locations for the collection and short-term storage of recyclables . The applicant shall submit a "Recycling Program" that has been reviewed by an agent of the City, which, at a minimum , explains, states or otherwise defines : (1) recyclables generated by type; (2) estimate by pounds for each recyclable generated; (3) number of dumpsters and/or plastic bin sets (one set equals three "baskets") needed to accommodate estimated recyclables; (4) location of each dumpster (may be identified on a map attached as an exhibit); (5) method of collection such as curbside at each residential unit or at rear of property by dumpster, etc.; and (6) pick-up schedule for recyclables. The applicant shall provide other such information as may be necessitated by the development proposal.
8. Pursuant to Ordinance No. 1170 , all gated communities of two or more residential units shall install a Knox entry system, consistent with any emergency access policy, for use by the Sheriff's Department. The City Manager or their designee shall implement the requirement and enforcement of this Condition of Approval.
9. All water features shall be maintained in compliance with Ordinance No. 844 . Any water features and fountains shall be equipped with an aerometer so that the spray can be adjusted for wind speed.
II. PLANNING DIVISION
10. FINAL DEVELOPMENT PLAN REQUIRED
A Final Development Plan (FOP) shall be required prior to issuance of any grading or building permits . The Final Development Plan (FOP) shall include a complete set of Building Construction Plans, Final Lighting Plans (including cut-sheets with Photometric Plan), Precise Grading Plan, Wall Plans, Final Landscaping and Irrigation Plans, a written response to the project Conditions of Approval, and any other requirements as listed in the Final Development Plan application.
11 . The Director shall consider the Final Development Plan Permit application . The Director may approve a Final Development Plan permit if it substantially conforms to the Preliminary Development Plan and associated Conditions of Approval.
12. On lots abutting or across from each other, for which the same floor plan is proposed, differing front elevations shall be provided through architectural, color or materials variations.
13 . The approved Preliminary Development Plan may be modified only with City approval in a manner pursuant to RMMC Section 17 .68.080 Changes to an approved project. 14 . The project shall be completed in accordance with the ordinances, requirements, Planning Commission Staff Report AGENDA ITEM#
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guidelines, and other criteria in effect at the time of construction . 15 . The development of the premises shall conform to all development standards pursuant to RMMC Chapter 17.20 .
16 . Landscaping, Wall, and Grading Plans shall demonstrate that all electrical transformers, utility pads, cable TV and phone boxes, and similar utility fixtures will be screened, pursuant to RMMC Chapter 17.20 and/or installed underground if required .
17. Landscaping. The plans shall be submitted as a Landscape Documentation Package in accordance with Ordinance No . 990, and as amended by Ordinance 1101. Such Plan(s) shall be consistent with the Preliminary Landscape Plan, and the applicant shall provide evidence that the landscape plan has been reviewed and approved by the Riverside County Office of the Agricultural Commissioner and the Coachella Valley Water District (CVWD) prior to requesting a final inspection . The final landscaping and irrigation plans shall incorporate the use of Evapotranspiration (ET) irrigation "smart" controllers which shall include automatic water scheduling, rain, and temperature sensors. Prior to a final inspection, the landscape contractor shall verify in writing with Planning staff that controllers have been installed, are correctly programmed, and operate with these features. More information on smart controllers can be found at www.irrigation .com.
A. The project landscape architect shall submit written verification that the landscaping and irrigation has been installed per the approved plans.
B. Vegetation with spikes that may be harmful to pedestrians shall be a minimum of three (3) feet away from walkways .
C. Parkway and retention basin landscaping shall be installed prior to Final Map bonds being released.
D. The Planning Division reserves the right to request additional landscaping upon final inspection if it is determined that areas are devoid of plant or ground cover material, or the execution of the landscaping plan does not comply with the purpose and intent of the Section 30 Design Guidelines.
E. Landscaping shall be designed to endure blowsand conditions. 18 . Walls . Where perimeter walls are shown on the development plan they shall be designed with aesthetic relief and be of high -quality architectural design to compliment adjacent developments . In accordance with the Community Design Elements , the landscaped parkway and perimeter wall along all property lines shall be aesthetically enriched and subject to approval of Planning staff, with Architectural Review Board review as deemed necessary. All top of wall elevations and adjacent finish grade elevations for the project perimeter and entry walls shall be subject to review and approval by the Planning Division and City Engineer. The applicant shall contact the adjacent property owners if grading outside the subdivision boundaries is required for construction of the perimeter walls . This shall be accomplished prior to issuance of any permit.
19. Lighting . All exterior lighting shall be shown on the Final Development Plan and shall be low-level directed lighting, energy-efficient and shielded or recessed so that direct Planning Commission Staff Report AGENDA ITEM#
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glare and reflections are confined within the boundaries of the subject site and shall be directed downward and away from adjoining properties and public right of way . Lighting shall not blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the building and shall be subject to review and approval by the Planning Division. Light fixtures shall be architecturally compatible to the overall design of the project.
20.Any thorny vegetation or cacti shall be located a minimum of three (3) feet from pedestrian walkways.
Ill. PUBLIC WORKS DEPARTMENT
21 . GRADING & DRAINAGE PLAN
Prior to issuance of a Building Permit, the applicant shall be required to submit a grading and drainage plan prepared by a licensed civil engineer to the City Engineer for plan check and approval. The grading and drainage plan shall be consistent with any and all conditions of approval associated with any applicable subdivision map and any Development Permit entitlements issued for the subject project by the City or any other responsible public agency. The grading and drainage plan shall conform to all city policies, standards, and regulations applicable to the project. In addition, if the project involves grading and drainage issues related to Coachella Valley Water District (CVWD) facilities, written evidence of the District's approval shall be included with the submittal required by the City of Rancho Mirage. Additional plans or materials may be required at the discretion of the Engineering Division . Release of Building Permit(s) will be contingent upon proof that the site has been properly graded pursuant to an approved plan . Prior to issuance of a Grading Permit, the applicant shall schedule and conduct a pre-construction meeting with the City Public Works Inspector at the job site.
22. LOCAL AIR QUALITY MANAGEMENT PLAN (LAQMP)
The applicant shall prepare a Local Air Quality Management Plan (LAQMP) pursuant to Ordinance No . 855, Municipal Code Chapter 7.01. Said LAQMP shall detail the project's potential impacts upon the air quality of the area and any necessary mitigation measures and shall be submitted to the Public Works Department for review and approval prior to the issuance of the Grading Permit. For ease of preparing a LAQMP, the applicant may contact the Public Works Department regarding use of the LAQMP worksheet. 23 . PAD CERTIFICATION
Prior to release of Building Permits, a Pad Certification submitted from a Licensed Land Surveyor or Civil Engineer, attesting to the elevation matching the rough grade pad elevation shall be submitted to validate the rough grading completion . Building pad shall be certified by the licensed design engineer or a licensed land surveyor to within 0.10 of a foot above or below the approved pad elevation indicated on the approved grading plan . 24 . COMPACTION REPORT
Prior to the release of Building Permits, the lot(s) for the building(s) shall have a compaction report submitted from a Geotechnical Engineer attesting to the buildable pad Planning Commission Staff Report AGENDA ITEM#
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being compacted at least 90% of maximum relative density. If any over-excavation, or slopes steeper than 2: 1, are needed for the building pad, a Geotechnical Engineer shall submit a document attesting to the acceptability of this non -sta ndard earthwork in accordance with the recommendations of the preliminary soil report.
25. BLOWSAND MITIGATION PLAN
(For Section 30 and North of Ramon Only) Since this project is located in an area that is subject to occasional high winds and migrating sand, the subdivider shall be required to submit a blowsand mitigation plan prepared by a licensed civil engineer to the City Engineer for plan check and approval. The blowsand mitigation plan shall identify the specific measures and describe the specific procedures that will be implemented to adequately mitigate blowsand impacts on all of the project's on-site and off-site improvements . All improvements for blowsand protection shall be depicted on the project's grading and drainage plan. In addition, all marketing materials and CC&Rs shall identify that the project is located within a blowsand area.
26. UNDERGROUND UTILITIES REQUIRED
In accordance with the RMMC Chapter 12.16, all electrical distribution lines, telephone, cable antenna television and similar service wires located on or adjacent to the project site shall, at all discretion of the City Engineer, be installed underground. 27 .AS-BUIL T PLANS
A complete set of "As-Built" Grading, Sewer, Water, Landscaping, Street, Storm Drain, and all other required improvement plans shall be submitted by the engineer of record for review and approval prior to occupancy.
28. SECURITY
In accordance with the request of the Rancho Mirage Police Chief, the site shall be fenced and gated for security purposes. Screening material shall be placed on the fence to help block blowsand and to block views through the fence. If necessary, the applicant shall provide a state licensed private security officer during the time construction workers are not onsite.
29. CVWD LETTER
Prior to occupancy, if applicable, a letter from Coachella Valley Water District (CVWD) shall be submitted stating that all the district fees have been paid and all requirements have been met for development.
IV. CITY ATTORNEY
Prior to issuance of Building Permits, the following conditions shall be satisfied:
30 . INDEMNITY AGREEMENT
The permittee shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this permit approval. The City shall notify the permittee of any claim, action, or proceeding and the City shall cooperate Planning Commission Staff Report AGENDA ITEM#
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in the defense. If the City fails to notify the permittee of any claim, action or proceeding of which the City has written notice, the permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the City.
31. REIMBURSEMENTS
The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate in the defense of the action, but such participation shall not relieve the permittee of any obligation under this Condition .
32. IMPROVEMENT SURETY
Pursuant to Chapter 15.64.280 of the Rancho Mirage Municipal Code, all public improvements proposed with the Development Plan submittal, or required by the adopted approval Conditions, shall be guaranteed by cash bonds, letters of credit, or other legal instruments acceptable to the City Attorney and City Council.
33. RELEASE OF PLANS
Written authorization must be obtained from any certified, licensed, or registered professional who signed the original building plans authorizing the plans to be made available by the City to all subsequent owners upon request (if on file with the City at the time of the request) for use by any subsequent owners solely for the construction, maintenance, operation, and use of the subject building(s) at the Project Site.
34. NOTICE TO CITY UPON DEFAULT, FORECLOSURE OR BANKRUPTCY In the event that the applicant receives a notice of default from any lender in connection with funds loaned to the applicant for the proposed development, or that any security instrument given by the applicant to any lender is foreclosed upon whether through a trustee's sale or otherwise, or that the applicant files a petition for bankruptcy, the applicant shall immediately notify the City of such notice of default, foreclosure sale, and/or filing of the bankruptcy petition, as the case may be. 35 . DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&RS) The subdivider shall submit to the City a Declaration of Covenants, Conditions and Restrictions (CC&Rs) which shall demonstrate, to the satisfaction of the City Attorney that the entire project will be developed and maintained in accordance with the intent and purpose of the approval. The approved documents shall be recorded concurrently.
36. The applicant shall submit documents for recordation which clearly prohibit installation of improvements in the common area by individual homeowner or documents which allow and govern installation of such improvements within the identified common areas. The documents shall be subject to approval of the City Engineer and City Attorney .
37. The CC&Rs shall be submitted to the City for review and shall contain provisions for a Homeowners' Association, with the unqualified right to assess owners of individual units for reasonable maintenance costs to common areas and improvements. The Planning Commission Staff Report AGENDA ITEM#
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Homeowners' Association shall have the right to lien units of the owners who default in the payment of any assessment so provided. Any deed of trust recorded prior to said CC&Rs shall be subordinated to the CC&Rs . Any lien imposed shall not be superior to any lien for property taxes or government assessments. The CC&Rs will be clearly marked to identify those sections addressing the Conditions of Approval.
38. All conditions, covenants, and restrictions described herein shall be covenants running with the land, and shall, in any event, and without regard to technical classification or designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit and the favor of, and enforceable by [the HOA], and its successors and assigns, and the City of Rancho Mirage, and its successors and assigns. The City shall be a beneficiary of these specific conditions, covenants and restrictions and shall have the right to enforce them in whole or in part; however, the City shall have no obligation to do so. The CC&Rs shall be reviewed by the City Attorney for compliance with this section.
39. The CC&Rs shall require the Homeowners' Association and property owners to comply with the Section 30 Design Guidelines.
V. CONTRACT SPECIALIST
Prior to issuance of Building Permits, the following condition shall be satisfied:
40. MAINTENANCE OBLIGATIONS
VI.
The current and future property owner(s) shall be responsible for maintaining in compliance with all City standards for the same, the on-site and off-site landscaping and integrated architectural features required by this entitlement; all perimeter landscaping shall be maintained in a first-class condition. Landscape maintenance shall consist of regular watering mowing, pruning, fertilizing, clearing of debris and weeds, and the removal and replacement of irrigation systems, in compliance with all relevant and applicable provisions of the Rancho Mirage Municipal Code. Integrated architectural features must be kept in a manner which maintains the desirability of the immediate area and neighboring areas and respects the harmonious relationship with existing and adjoining developments. Due regard for preservation of each feature and its intended irrigation with surrounding landscaping, buildings, structures, screening, and signs is required. All features must be maintained in a manner commonly accepted by professionals who are experts in the care and preservation of each particular type of feature. A covenant to assure continued maintenance of on-site and off-site required landscaping and integrated architectural features by the current and future property owners or other liable entity, consistent with the terms and provisions of this condition of approval, shall be prepared in a format approved by the City Attorney and recorded in the Office of the Riverside County Recorder against all parcels created with this subdivision and any subsequent amendments thereto .
FIRE MARSHAL
41. The proposed project may have a cumulative adverse impact of the Fire Department's ability to provide an acceptable level of service. These impacts include an increased Planning Commission Staff Report AGENDA ITEM#
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number of emergency and public service calls due to the increased presence of structures, traffic, and population. The project proponents/developers will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees.
42. Fire Department emergency vehicle apparatus access road locations and design shall be in accordance with the California Fire Code, City of Rancho Mirage Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance .
43. Fire Department water system(s) for fire protection shall be in accordance with the California Fire Code, City of Rancho Mirage Municipal and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance .
44. Prior to Building Permit issuance, the required water system, including all fire hydrant(s), shall be installed, and accepted by the appropriate water agency and the County Fire Department prior to any combustible building material placed on an individual lot. Contact the Fire Department to inspect the required fire flow, street signs, all weather surfaces, and all access and/or secondary access. Approved water plans must be at the job site.
Planning Commission Staff Report AGENDA ITEM#
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FINDINGS
Preliminary Development Plan Case No. PDP22-0003
Pursuant to RMMC Section 17.42.060 Findings and decision, a development plan permit may be approved by the applicable review authority only if all of the following findings are made:
A. The proposed development is: 1) Allowed within the respective zoning district; 2) Generally in compliance with all of the applicable provisions of this title that are necessary to carry out the purpose and requirements of the respective zoning district, including prescribed development standards and applicable design guidelines; and 3) Consistent with the general plan and specific plan . The proposed use is one permitted within the subject zoning district and complies with all of the applicable provisions of the Zoning Ordinance. The current General Plan and zoning designation for the Project Site is Very Low Density Residential (R-L-2). The R-L-2 zoning district identifies areas appropriate for large lot single-family uses. The allowable maximum density is two dwelling units per gross acre. The proposed use is a single-family residential development with nine lots and a density of 1.88 units per acre. The tentative tract map was approved prior to the passing of Ordinance No. 1086, which comprised of a city-initiated Zoning Text Amendment (ZTA) adopted on November 6, 2014. The tentative tract map complied with the applicable regulations at the time it was approved.
B. The proposed project would produce a comprehensive development incorporating a more enhanced environment and architectural excellence (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than would normally be possible under more standard district development requirements, as conditioned. The applicant is proposing a modern mid-century architectural theme for the development, and the proposed floor plans and dimensions are consistent with the R-L-2 zoning district. The architectural style proposed is similar to surrounding developments.
C. The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water, etc.), would ensure that the proposed development would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or welfare, or injurious to the property or improvements in the vicinity and the respective zoning district. The conditions for TTM33329, as imposed by the City Council, will ensure the on and off-site infrastructure improvements meet or exceed the City of Rancho Mirage requirements. Storm drainage, sanitary sewer, water, streets, and all utilities are available to the site. The subdivision was recorded in 2022. In addition, the mitigation measures contained in the adopted Mitigated Negative Declaration based on Environmental Case No. EA0500330 are required to be implemented.
Planning Commission Staff Report AGENDA ITEM#
DATE: October 26, 2023
JUSTIFICATION OR INFORMATION CONTINUED:
EA22-0016 & PDP22-0003 Page 18 of 19
D.The design, location, and proposed uses would be compatible with the character of existing development in the surrounding neighborhood. The proposed residential use is one permitted within the subject zoning district and complies with all of the applicable provisions of the Zoning Ordinance. The current General Plan and zoning designation for the Project Site is Very Low Density Residential (R-L-2). The R-L-2 zoning district identifies areas appropriate for large lot single-family uses. The allowable maximum density is two dwelling units per gross acre. The proposed use is a single-family residential development with nine lots that are already established and recorded with a density of 1.88 units per acre. The project, as conditioned, meets the Zoning Ordinance requirements for lot coverage, setbacks, height limitations, and landscaping as described in this report.
E.The subject site is physically suitable for the type and density/intensity of development being proposed, as conditioned. The project site is physically suitable for the type of low density residential development. Tract 33329 was recorded in 2022 and consists of nine residential legal lots The overall project density is 1.88 dwelling units per acre, which complied with the maximum density under the R-L-2 zoning district at the time Tract Map No. 33329 was approved. In addition, the applicant shall comply with the recommendations of the adopted Mitigated Negative Declaration. No variances or exceptions are requested.
F.The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA. The previously approved project (Tentative Tract Map No. 33329 and Environmental Assessment Case No. EA050030) for a nine-lot single-family residential subdivision was reviewed for compliance with the California Environmental Quality Act (CEQA).
The City Council adopted a Negative Declaration on May 4, 2006. A Notice of Determination was filed with the Riverside County Clerk on March 31, 2006.
Circumstances have not significantly changed in the project or in its vicinity.
Pursuant to Section 15162, no further consideration is required. Based on Environmental Assessment Case No. EA050030, the City prepared and filed an Initial Study and a Notice of Intent to Adopt a Negative Declaration for the Project. A Notice of Availability for the Negative Declaration was filed on May 4, 2006 with the Riverside County Clerk after the Tentative Tract Map received approval from the City Council CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) provides that when an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that there are no new significant environmental effects due to a change in the project or circumstances, and there is no new information of substantial importance as identified in CEQA Guidelines Section 15162(a)(3). Pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162, the City analyzed whether the revisions would result in new significant impacts or substantial increase in severity of previously identified impacts. Based on Environmental Assessment Case Planning Commission Staff Report AGENDA ITEM#
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No. EA22-0016 and the City's analysis, no subsequent EIR, supplemental EIR, or subsequent mitigation negative declaration is required.
Planning Commission Staff Report AGENDA ITEM#
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,---··············································---······················ ························•··········-----·············································· --····································-·--·································· ATTACHMENT 5
Y CITY OF RANCHO MIRAGE
PLANNING COMMISSION MEETING
THURSDAY, OCTOBER 26, 2023 -2:00 P.M.
City Hall -Council Chamber
69-825 Highway 111
Rancho Mirage, CA 92270
CALL TO ORDER -2:00 P .M.
DRAFT MINUTES
a) Flag Salute: Led by Vice Chair Agostini.
b) Roll Call: Agostini, Bryant, Chanter, Curran, Grey .
Present: Agostini, Bryant, Chanter, Curran, Grey.
COMMISSIONER COMMENTS
Commissioner Chanter thanked staff for taking the time to meet individually with the commissioners to review the agenda in detail and respond to their questions. She commented that she found staff's attention to detail impressive and that she appreciates their work.
Vice Chair Agostini echoed Commissioner Chanter's comments.
Commissioner Bryant welcomed Chair Grey back from his vacation . He commented that he too fe lt very prepared for today 's agenda . He a lso echoed Commissioner Chanters' comments about the wonderful work that staff does.
Chair Grey commented that he is g lad to be back and thanked staff for going out of their way to make sure that the commissioners were prepared and informed.
NON-AGENDA PUBLIC COMMENTS -None.
APPROVAL OF MINUTES -September 28, 2023, Regular Meeting.
MOVED/SECONDED BY AGOSTINI/CURRAN TO APPROVE THE SEPTEMBER 28, 2023, REGULAR PLANNING COMMISSION MEETING MINUTES AS PRESENTED. MOTION CARRIED 3/2 WITH CHAIR GREY AND COMMISSIONER CHANTER ABSTAINED.
PUBLIC HEARINGS
1. Sign Program Case No. SIPR23-0001 -Applicant: Curtis Green, Cornerstone Wealth Management. Consideration of a sign program to establish tenant wall and monument DRAFT 10/26/2023 Planning Commission Regular Meeting Minutes Page 1 of 8 ~-······················-----------·························-----····················· --------------·····----····················································----·------
12-29
·····························---·········································································································----························· signage criteria for a multi-tenant building. The subject property is located at 34530 Bob Hope Drive (APN: 685-080-026).
A. Consider approving the filing of a Notice of Exemption pursuant to the California Environmental Quality Act (CEQA) Section 15311 (Class 11 -Accessory Structures).
B. Consider approving Sign Program Case No . SIPR23-0001, subject to the Conditions of Approval and based on the content and Findings in the staff report.
Lezlee Vasquez, Assistant Planner, presented the staff report.
Public Comments -None.
COMMISSIONER COMMENTS
Commissioner Chanter stated that the commission did receive one written public comment regarding monument signage placement, and noted she felt that the proposal was safe due to the fact that the sign has a setback of 16 feet from Bob Hope Drive and 38 feet from Victory Drive.
MOVED/SECONDED BY CHANTER/CURRAN TO:
A. APPROVE THE FILING OF A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA} SECTION 15311 (CLASS 11 -ACCESSORY STRUCTURES}.
B. APPROVE SIGN PROGRAM CASE NO. SIPR23-0001, SUBJECT TO THE
CONDITIONS OF APPROVAL AND BASED ON THE CONTENT AND FINDINGS IN THE STAFF REPORT.
MOTION CARRIED 5/0.
2. Environmental Assessment Case No. EA23-0005 and Preliminary Development Plan Case No. PDP23-0001 -Cotino Clubhouse Campus and Parr House. Applicant: DMB Development LLC on behalf of ECRM Residential. Consideration to construct the Clubhouse Campus and "Parr House" on approximately 8.3 acres within the Section 31 Specific Plan area, also known as the Catino development. The Clubhouse Campus serves as an amenity for club members and consists of 8 single-story buildings totaling 18,600 square feet of interior space: the lobby, restaurant, beach bar, studio/locker rooms, fitness center, creativity center, water sports rental center, and pool equipment storage. The project also proposes site amenities, such as two bocce ball courts , two tennis courts, six pickleball courts, a lap pool, spas, event lawn areas, and areas for overflow parking and future expansion of sports courts. The Parr House is a 5,577 square-foot two-story residence with a 552 square-foot detached garage intended as an additional amenity for club members and their families and guests. The Parr House will be located on a 25,690 square-foot lot adjacent to the Clubhouse Campus. The subject property is in the northeastern quadrant of the Section 31 Specific Plan area, at the intersection of Prismatic Boulevard and Brilliance Avenue (Tract Map No. 38291, Lots 176 (portion), 179-183, 184 (portion); APNs: 685-220-039, 685-220-016).
DRAFT 10/26/2023 Planning Commission Regular Meeting Minutes Page 2 of 8 ---····························································································································-----···················································································································································
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··························--·············································································-----······················· ····························································································-······························································· A. Consider recommending that the City Council find Preliminary Development Plan Case No. PDP23-0001 to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations).
B. Consider recommending that the City Council approve Preliminary Development Plan Case No. PDP23-0001, subject to the conditions of approval and based on the content and findings in the staff report.
Joy Tsai, Senior Planner, presented the staff report .
Public Comments -None.
Commissioner Comments
Commissioner Curran complimented the project's layout and building designs. He added that the colors fit the surrounding environment and is compatible with the community. He inquired about the process regarding the lots allocated for the future sports courts expansion .
Ms . Tsai confirmed that any future request would need to be reviewed by the appropriate approving body.
Commissioner Chanter commented that it was a stroke of genius to design and name one building after the "Parr House" in relationship to the lncredibles 2 movie. She expressed her initial concerns relating to security and parking. She encouraged Disney to screen their parking lots.
Vice Chair Agostini commented that the project is beautiful. He expressed concern about the impact of sand erosion with the beach and asked about how that would be addressed. He also asked about the type of events that would be held at the Clubhouse Campus and Parr House, and if there were any restrictions or capacity limits.
Majna Dukie, Development Services Director, responded to Vice Chair Agostini's questions and concerns. She noted that the lagoon will have a filtration system that will be utilized on a daily basis. She noted that the Parr House is proposed as an additional amenity for club members only . Any events would be limited to the club members and their guests, and the clubhouse and Parr House is not accessible to the public. Capacity would be determined at the .time of building permit issuance based on square footage .
Commissioner Bryant commented that Catino is one of the most significant developments in Rancho Mirage and in the Valley, this is certainly the biggest ever. He asked who owns the facilities club, lagoon, town center, restaurants and so on. He also asked if Disney will be managing the brand as well.
Eric Brown, General Manager for DMB Development, responded to Commissioner Bryant's question regarding property ownership and maintenance. He stated that the land is owned by ECRM, and there will be a ground lease to Disney. He added that Disney is managing the brand.
There will be a number of different entities involved, including the HOA.
Commissioner Bryant inquired about club memberships, town center, facilities, HOA, and the maintenance of the lagoon, which Mr. Brown clarified and mentioned and the share maintenance DRAFT 10/26/2023 Planning Commission Regular Meeting Minutes Page 3 of 8 .................................................. ················-····························----
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---------------------------------------------------------------------------------------------------------------------------------------------------·-·······--····· cost.
Commissioner Bryant asked staff about the landscaping plans and the walkways shown in the renderings.
Ms. Tsai responded to Commissioner Bryant questions and added that staff would look at the details for compliance with the Conditions of Approval during the Final Development Plan process .
Chair Grey commented that he was very excited about the development. He asked about the clubhouse parking and the handicapped spaces and expressed his concerns about whether the handicapped spaces were adequate.
Ms. Tsai answered Chair Grey concerns about the handicapped parking and noted that they do comply with the Municipal Code handicapped parking requirement.
MOVED/SECONDED BY CHANTER/AGOSITINI TO RECOMMEND THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:
A. FIND PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0001 TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15162 (SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS).
B. APPROVE PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0001,
SUBJECT TO THE CONDITIONS OF APPROVAL AND BASED ON THE
CONTENT AND FINDINGS IN THE STAFF REPORT.
MOTION CARRIED 5/0.
3. Environmental Assessment Case No. EA23-0008 and Preliminary Development Plan Case No. PDP23-0003 -North Restaurant and Town Center Phase 1 Master Infrastructure of Section 31 (Cotino). Applicant: DMB Development LLC on behalf of ECRM Residential. Consideration to construct a two-story 13,050 square foot restaurant and the Town Center Phase 1 Master Infrastructure of Section 31 (Cotino), which includes the development of streets, parking, landscape, and related infrastructure to support the first phase of the development within the Section 31 (Cotino) Town Center. The subject property is located approximately 740 feet south from the intersection of Monterey Avenue and Gerald Ford Drive, on the west side of Monterey Avenue within Section 31 (Cotino); Lots 184 and 185 -of Tract Map 38291 and APN : 685-220-033.
A Consider recommending that the City Council find Preliminary Development Plan Case No. PDP23-0003 to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15162 (Subsequent EIRs and Negative Declarations).
B. Consider recommending that the City Council approve Preliminary Development Plan Case No. PDP23-0003, subject to the conditions of approval and based on the content and findings in the staff report.
DRAFT 10/26/2023 Planning Commission Regular Meeting Minutes Page 4 of 8 --······················································---·····························································--·····------
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---····----·····•··-•·····-······························-. -- Pilar Lopez, Senior Planner, presented the staff report.
Public Comments -None.
Commissioner Comments
Commissioner Curran commented that he was really impressed with some of the design elements . He stated that the shaded parking lot with use of trees was good addition.
Commissioner Curran also expressed that the use of art and liveliness in the proposed project's architecture was a welcomed addition.
Commissioner Chanter liked the walking paths and the fact that they encouraged people to enjoy the environment She stated that Rancho Mirage could use another restaurant, especially one with a view.
Vice Chair Agostini echoed everyone's comments on the design . He asked where the project entrance is off of Monterey Avenue.
Ms . Lopez answered that there will be two entrances off Monterey Avenue . One entrance would be a right-in, right-out only and the second is the existing signalized entrance that parallels the Shadow Ridge development.
Commissioner Bryant asked questions regarding ADA access.
Ms. Lopez confirmed that the proposed project provides ADA access through the use of ramps and the proposed elevators. She added that the proposed project would be required to go through a building permit plan check that include a review of ADA compliance.
Commissioner Bryant asked some questions about the types of proposed landscaping along Monterey Avenue and inquired if there were any proposed block wall along that portion of the project site.
Ms . Lopez elaborated on the proposed landscaping along Monterey Avenue . She explained that there are no proposed walls along Monterey Avenue.
Paul DePalatis, the applicant's representative, explained the reasoning for the proposed landscape along Monterey Avenue .
Commissioner Bryant asked if the project would adhere to the City 's ban on short-term rentals.
Ms. Dukie confirmed that short-term rentals are not permitted in residential zoning districts.
Commissioner Bryant asked if the new special event ordinance is applicable to the project for the outdoor events.
Ms . Dukie answered that the new special event ordinance is for residential zoning districts, while this project is located within a mixed-use commercial zoning district. She confirmed that all events are still reviewed to be in compliance with the Rancho Mirage Municipal Code, including but not limited to noise impacts.
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Chair Grey asked if residents of Rancho Mirage would be eligible for free valet parking at the subject site.
Ms. Lopez explained that the Planning Division reviews all valet parking permit applications, she elaborated that Rancho Mirage residents may obtain a resident placard and be provided with free valet parking within the City .
MOVED/SECONDED BY CURRAN/CHANTER TO RECOMMEND THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:
A. APPROVE PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0003 TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15162 (SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS).
B. APPROVE PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0003,
SUBJECT TO THE CONDITIONS OF APPROVAL WITH STAFF'S
RECOMMENDED REVISION AND BASED ON THE CONTENT AND FINDINGS IN THE STAFF REPORT.
MOTION CARRIED 5/0.
, 4. Environmental Assessment Case No. EA22-0016 and Preliminary Development Plan Case No. PDP22-0003 -Nova Lane 9-Lot Residential Development. Applicant:
Jacqueline Park. Consideration to construct nine (9) single-family residences with Accessory Dwelling Units (ADUs) within a private cul-de-sac street, Nova Lane. The project consists of three plan types that range in size from 4,500 to 4,900 square feet. The subject property is located within Tract No. 33329, on the east side of Via Josefina; APNs: 685-420-001 through -009 .
A. Consider recommending that the City Council find Preliminary Development Plan Case No. PDP22-0003 to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15162 and determine that the previously adopted Negative Declaration based on Environmental Assessment Case No. EA050030 is still valid for the proposed project.
B. Consider recommending that the City Council approve Preliminary Development Plan Case No. PDP22-0003, subject to the conditions of approval and based on the content and findings in the staff report .
Pilar Lopez, Senior Planner, presented the staff report.
Public Comments -None .
Commissioner Comments
Commissioner Chanter asked if there would be differentiated elevations for the same plan types that are next to each other.
Ms. Lopez added that a condition of approval has been included to required differentiating DRAFT 10/26/2023 Planning Commission Regular Meeting Minutes Page 6 of 8 ···············································································••·•························································---------···························································································--··•···•······································································ .................... .
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·················································••·••·······················•················································---·······················-······························· ··•·····························---···········································--~ elevations by use of color or material for abutting lots with the same plan type . This will be required at the Final Development Plan submittal.
Commissioner Agostini commented that the proposed design was beautiful. He asked if the project is responsible for the street improvements and the underground utilities.
Ms . Lopez added that the street improvements were also part of their tract map entitlement. She explained street improvements and undergrounding of utilities would be the responsibility of the developer.
Commissioner Curran echoed Commissioner Chanter concerns regarding similar plan type but was certain the applicant could provide different elevations by simple use of color or material changes.
Commissioner Bryant thanked the project applicant for her patience and expressed that her project was as important to staff and commission as the Catino projects. He asked various questions on minimum lot size, ADU setbacks, landscaping, and street improvements.
Ms. Lopez explained that the tract map was originally approved in 2006. She explained that in 2014, the City revised the R-L-2 Zoning District minimum lot sizes from 15 ,000 square feet to 18,000 square feet. She stated that there are several tracts with similar lot sizes in Section 30 that are legally non -co nforming since the tracts were approved prior to 2014. She clarified that ADU's are allow side and rear setbacks of 4 feet, while the project proposed at the minimum 5 feet 2 inches. She stated that back yard landscaping is not reviewed by the City, but that the landscaping in the rear yard is simple. She explained that Nova Lane is a private street within a gated community. She clarified that the future street improvements for the local street connection meet the minimum width of 36 feet. She also stated that the exterior landscape is not part of the project, but that the applicant met the minimum requirement for trees along a public street.
Chair Grey asked that the applicant consider matching the lot numbers for the street addresses.
Ms. Lopez clarified that the address assignments are mandated by the United States Postal Service to be odd numbers to the south and even numbers to the north .
MOVED/SECONDED BY AGOSTINI/CHANTER TO RECOMMEND THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:
A. APPROVE PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP22-0003 TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15162 AND DETERMINE THAT THE
PREVIOUSLY ADOPTED NEGATIVE DECLARATION BASED ON ENVIRONMENTAL ASSESSMENT CASE NO. EA050030 IS STILL VALID FOR THE PROPOSED PROJECT.
8. APPROVE PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP22-0003,
SUBJECT TO THE CONDITIONS OF APPROVAL AND BASED ON THE CONTENT AND FINDINGS IN THE STAFF REPORT.
MOTION CARRIED 5/0.
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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 :
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CITY COUNCIL SUBCOMMITTEE
STAFF REPORT
TO: Mayor & Council Members
Mayor Pro Tern Steve Downs
Council Member Ted Weill
DATE: November 16, 2023
FROM:
SUBJECT: City Council Vacancy Due to Resignation of Mayor Richard W. Kite
SPECIFIC REQUEST OR RECOMMENDATION
That the City Council:
A) Elect to appoint a qualified Rancho Mirage resident to fill the vacancy created by Council Member Richard W. Kite's resignation for the remainder of his unexpired term; 8) Approve the attached City Council Appointment Application form; C) Require that a complete application must be submitted to the City Clerk's Office on or before 5:00 P.M. on November 30, 2023, in order to be considered by the City Council; and
D) Schedule interviews for December 5, 2023, in the context of a City Council Special Meeting duly called by the Mayor, and include the vacancy item on future City Council meeting agendas until the vacancy is filled.
JUSTIFICATION OR INFORMATION
Mayor Richard W. Kite, whose term expires in November 2024, resigned from the City Council effective November 17, 2023, creating a vacancy on the Rancho Mirage City Council.
A subcommittee, consisting of Mayor Pro Tern Downs and Council Member Weill, was formed to determine the options available to fill the vacant seat and to submit a recommendation to the City Council on how best to move forward.
The subcommittee reviewed the options available to fill the vacancy and determined that, pursuant to Government Code Section 36512, subd. (b), if a vacancy occurs on the City Council, the City Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy.
AGENDA ITEM#
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DATE: November 16, 2023
City Council Vacancy
JUSTIFICATION OR INFORMATION CONTINUED:
The subcommittee concurred that it was appropriate to appoint a qualified person to fill the vacancy created by Mayor Kite's resignation for the remainder of the unexpired term. This approach will avoid the expense of a special election that would result in filling the vacancy for a relatively short period of time before the seat would be up for election again on November 5, 2024.
In other words, whether the vacancy is filled by appointment or special election, it would be on the ballot in November 2024.
The subcommittee also prepared the attached City Council Appointment Application form which applicants would be required to complete and submit to the City Clerk's Office should the City Council opt to appoint someone to fill the vacancy.
RECOMMENDATION:
After reviewing the options available to fill a vacancy on the City Council and discussing possible timelines, the subcommittee recommends that the City Council:
A) Elect to appoint a qualified Rancho Mirage resident to fill the vacancy created by Mayor Kite's resignation for the remainder of his unexpired term; 8) Approve the attached City Council Appointment Application form; C) Require that a complete application must be submitted to the City Clerk's Office on or before 5:00 P.M. on November 30, 2023, in order to be considered by the City Council; and
E) Schedule interviews for December 5, 2023, in the context of a City Council Special Meeting duly called by the Mayor, and include the vacancy item on future City Council meeting agendas until the vacancy is filled.
ATTACHMENT(S):
1. City Council Appointment Application Form
AGENDA ITEM#
13-3
ATTACHMENT 1
APPLICATION FORM
(SEE ATTACHED)
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CITY COUNCIL APPOINTMENT APPLICATION FORM
ELIGIBILITY
City Council Members must be at least 18 years of age and a registered voter in the City of Rancho Mirage.
APPLICATION FILING REQUIREMENTS
Completed applications will be accepted in the City Clerk's office until 5:00 P.M. on November 30, 2023. Please feel free to include additional information with your application. Your application must be signed and include your current registered voter information. Voter registration will be confirmed. Applications may be sent to the City Clerk via email to [email protected], mailed to City of Rancho Mirage, Attn: City Clerk, 69825 Highway 111, Rancho Mirage, CA 92270, or hand-delivered to City Hall (same address).
FINANCIAL INTERESTS
Council Members are required to complete and file a Form 700 Statement of Economic Interests disclosing various financial interests.
PUBLIC INFORMATION
Becoming a candidate for public office means that information about you will become a matter of public record immediately. This includes any and all documents submitted to the City during the course of the application period. As such, these documents must, by law, be available to the public for inspection and/or copying.
GENERAL INFORMATION REGARDING THE POSITION
Regular meetings of the City Council are held on the first and third Thursdays of each month at 1 :00 P.M. Additional meetings may be called as necessary. In addition to regular Council business, the individual selected must be available to actively participate as a Council liaison to numerous external agencies and organizations.
The City of Rancho Mirage operates under a council -manager form of government. The five City Council Members are elected to four years terms . The Mayor and Mayor Pro Tern are appointed every year on a rotational basis by the City Council. The City Council is the legislative body responsible for the overall policies of the City. The Council makes all policy determinations through enactment of ordinances and resolutions and has final authority in the implementation of these policies. The Counci I determines how the City will obtain and spend funds and approves the City's budget. The City Council appoints the City Manager, City Attorney, and City Clerk, as well as members of the City's various advisory boards and commissions.
As for this appointment, the selected candidate will serve through the remaining term vacated by Richard W. Kite, which is November of 2024.
1 13-5
Thank you for your interest in applying for the appointm e nt position of Rancho Mirage City Council Member. Please complete this application in full.
Appli cation s are due by November 30, 2023 at 5:00 P.M.
Please submit your complete application to the City Clerk's Office at City Hall or via email:
MAIL/DELIVER: City of Rancho Mirag e, Attn: City Clerk, 69825 Highway 111, Rancho Mirage, CA 92270 .
EMAIL: [email protected]
For questions about the application, please contact the Office of the City Clerk at (760) 324 -4511 Ext. 488 or via email to [email protected].
SECTION I: CRIT ERIA
Name: _______________________________ _
Email Addre ss : ____________________________ _
Phone Number: ____________________________ _
Home Address : -----------------------------
Date of Birth: __________ _ Registered Voter: Ye s D No D SECTION II: SUPPL EMENTAL INFORMATION
1. Please describe any community activities in which you are or have been engaged in Rancho Mirage. Include the organi zation, your role, a brief description of your activities, and dates of participation.
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2 . Please state why you would make a good representative for the City of Rancho Mirage .
3. What is your vision for the future of Rancho Mirage? What would be your areas of priority if appointed to the City Council?
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4 . How would you approach constituent service for Rancho Mirage?
5. Please provide three references and their phone numbers :
Name: ____________ _ Phone Number: ----------
Name: ____________ _ Phone Number: ----------
Name: ____________ _ Phone Number: ----------
SECTION Ill: EDUCATION AND EMPLOYMENT HISTORY INFORMATION Please include a brief background on your education and employment history . Please attach a copy of your resume as additional information .
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ACKNOWLEDGEMENT
I hereby acknowledge that this appointment opportunity is subject to the complete discretion of the City Council and, should I not be appointed, I further acknowledge that I shall not be entitled to an explanation or reason as to why I was not appointed.
AUTHORIZATION
I hereby authorize the Mayor, each City Council Member, and their designees to contact third parties for confidential background references pertaining to my employment history, civic participation, educational background, and general character, without having to disclose to me the information provided by any such third party nor the identity of the source of any such information.
I attest that the information provided on this application is true and complete to the best of myknowledge.
Signature ________________ _
Printed Name ----------------
Date __________________ _
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