CC16 — Rancho Mirage City Council, December 21, 2023

TO:

FROM:

CITY OF~ MIRAG~
~ 21

STAFF REPORT
Mayor and City Council
Joy Tsai, Senior Planner
DATE: December 21, 2023
SUBJECT: Environmental Assessment Case No. EA22-0017 and Major Modification Case No. MOD22-0049 - Westar New Retail Pad Building

SPECIFIC REQUEST OR RECOMMENDATION
That the City Council:

A. Find Major Modification Case No. MOD22-0049 to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 (In-fill Development Projects); and,
B. Approve Major Modification Case No. MOD22-0049, subject to the conditions of approval and based on the content and findings in the staff report.

JUSTIFICATION OR INFORMATION

PROJECT SUMMARY
The applicant and owner representative, Connor Best of Westar Associates, is requesting approval of a Major Modification to a Development Plan to demolish a portion of an existing parking lot and construct a new 4,500 square-foot retail pad building at the Rancho Mirage Marketplace, an existing shopping center anchored by Gelson's Market. The proposed building will be located on a 1.61-acre parcel along the west side of Bob Hope Drive, approximately 375 feet south of the Bob Hope Drive and Gerald Ford Drive intersection. This request also includes related landscaping and site improvements.

PLANNING COMMISSION
On November 30, 2023, the Planning Commission conducted a duly noticed public hearing to consider the proposed project. No public comments were received during the public hearing.

As summarized in the minutes attached to this report, the Commissioners asked questions to which staff and the applicant answered. The Planning Commission staff report and 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: December 21, 2023
EA22-0017 and MOD22-0049

JUSTIFICATION OR INFORMATION CONTINUED

Page 2 of 3 ends

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

A. FIND MAJOR MODIFICATION CASE NO. MOD22-0049 TO BE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS); AND, B. APPROVE MAJOR MODIFICATION CASE NO. MOD22-0049, SUBJECT TO THE

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

MOTION CARRIED 5/0.

ENVIRONMENTAL ASSESSMENT
The City has reviewed the proposed Project and determined that the Project requires no further environmental review pursuant to CEQA Guidelines Section 15332 (In-fill Development Projects).

The Project is exempt from CEQA pursuant CEQA Guidelines Section 15332, In-Fill Development Projects. Class 32 exempts in-fill development within urbanized areas if it meets certain criteria: consistent with the General Plan and applicable zoning designation and regulations; within city limits on a site no larger than five acres substantially surrounded by urban uses; located on a site that has no value as habitat for rare or endangered species; would not result in significant adverse effects related to traffic, noise air quality or water quality; and located on a site that can be adequately served by all required utilities and public services. The Project involves the demolition of a portion of a parking lot and construction of a 4,500 sq. ft. retail pad building on a 1.61-acre parcel within an existing shopping center. The Project is consistent with the General Plan and Zoning Code, is within the City limits on less than five acres, and the project site has no value for endangered, rare, or threatened species. The site can be served by required utilities and public services. Therefore, based on Environmental Assessment Case No. EA22-0017 and the City's analysis, 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 500-foot radius of the boundaries of the subject parcel(s) be notified of matters requiring a public hearing. If the number of property owners to whom the notice would be mailed to is less than 25, then the mailing radius is required to be increased to 1,000 feet as measured from the exterior boundaries of the subject parcel.

AGENDA ITEM#
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DATE: December 21, 2023
EA22-0017 and MOD22-0049

JUSTIFICATION OR INFORMATION CONTINUED

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On December 6, 2023, public hearing notices were mailed to property owners within a 1,000- foot radius of the parcel boundaries and posted at the City's designated community posting sites pursuant to the requirements of Chapter 17.74 of the Municipal Code. Notification of the public hearing was published in The Desert Sun on December 10, 2023. Any information addressed to the City Council, 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.

ATTACHMENT(S):
1 . Aerial Photo

2. Public Hearing Notice

3. Draft Notice of Exemption

4. Planning Commission Staff Report dated November 30, 2023 (Without Attachments)

5. Planning Commission Meeting Draft Minutes dated November 30, 2023

6. Exhibit Booklet
AGENDA ITEM#
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Environmental Assessment Case No. EA22-0017
Major Modification Case No. MOD22-0049
36101 Bob Hope Drive (APN: 674-600-003)

AERIAL PHOTO
ATTACHMENT 1
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ATTACHMENT 2
ty CITY OF RANCHO MIRAGE
Applicant:

Request:

Location:

Planning Division
69-825 Highway 111
Rancho Mirage, CA 92270
[email protected]
Phone(760)328-2266

PUBLIC HEARING NOTICE

CITY COUNCIL REGULAR MEETING
Thursday, December 21, 2023 -1 :00 p.m.

Environmental Assessment Case No. EA22-0017 and
Major Modification Case No. MOD22-0049 ("Project")
Connor Best of Westar Associates
Consideration to demolish a portion of a parking lot and construct a new 4,500 square-foot retail pad building in an existing shopping center anchored by Gelson's Market. The proposed building will be located on a

1.61-acre parcel along the west side of Bob Hope Drive, approximately 375 feet south of the Bob Hope Drive and Gerald Ford Drive intersection.

This request also includes related landscaping and site improvements. 36101 Bob Hope Drive, Rancho Mirage CA 92270 (APN: 674-600-003) 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. This Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 Class 32 (In-Fill Development Projects). No further environmental review is required .

The Public Hearing will be held on Thursday, December 21, 2023, at 1 :00 p.m., in the Council Chamber, 69-825 Highway 111, Rancho Mirage, California, at which time and place pertinent testimony will be heard. The file, including all environmental information, is available for public inspection at City Hall, Monday through Friday, between 8 a.m. and 5:00 p.m.

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

GOVERNMENT CODE§ 65009 NOTICE: If you challenge this proposed activity in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City Council sufficiently prior to the Public Hearing to enable its consideration by them. 16-5
Phone 760/328-2266
Development Services 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
C8J Chief Deputy County Clerk
3470 12th Street
Sacramento, CA 95812-3044 Riverside, CA 92501
Project Title/Case Nos. Environmental Assessment Case No. EA22-0017 & Major Modification Case No. MOD22-0049 Project Location:
3610 I Bob Hope Drive
Rancho Mirage, CA 92270
APN: 674-600-003
Applicant/Representative:

Westar Associates
Attn: Connor Best
4650 Von Karman Avenue
Newport Beach, CA 92660
Project Description:

Major Modification to demolish a portion of a parking lot and construct a new 4,500 square-foot retail pad building in an existing shopping center anchored by Gelson's
Market. The proposed building will be located on a 1.61- acre parcel along the west side of Bob Hope Drive,
approximately 375 feet south of the Bob Hope Drive and
Gerald Ford Drive intersection. This request also includes related landscaping and site improvements.

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

City of Rancho Mirage Joy Tsai
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.o _ _ _ ____ _ [8J Categorical Exemption. State type and Section number: CEOA Guidelines Section 15332 (In-fill Development Projects) D Other. State type and Section number: ___________________________ _ Reasons why project is exempt: The Project is exempt from CEOA pursuant CEOA Guidelines Section 15332, In-Fill Development Projects. Class 32 exempts in-fill development within urbanized areas if it meets certain criteria: consistent with the General Plan and applicable zoning designation and regulations; within city limits on a site no larger than five acres substantially surrounded by urban uses; located on a site that has no value as habitat for rare or endangered species; would not result in significant adverse effects related to traffic, noise air quality or water quality; and located on a site that can be adequately served by all required utilities and public services. The Project involves the demolition of a portion of a parking lot and construction of a 4,500 sq. ft. retail pad building on a 1.61-acre parcel within an existing shopping center. The Project is consistent with the General Plan and Zoning Code, is within the City limits on less than five acres, and the project site has no value for endangered, rare, or threatened species. The site can be served by required utilities and public services.

Lead Agency Contact Person: Joy Tsai. Senior Planner Telephone No. (760) 328-2266 Date: _____ _
Joy Tsai, Senior Planner
[8J Signed by Lead Agency Date Received for filing at OPR: ____ _ _ __________ _ 16-6
ATTACHMENT 4

STAFF REPORT
TO:

FROM:

Planning Commission
Joy Tsai, Senior Planner
DATE: November 30, 2023
SUBJECT: Environmental Assessment Case No. EA22-0017 and Major Modification Case No. MOD22-0049 - Westar New Retail Pad Building

SPECIFIC REQUEST OR RECOMMENDATION
Staff recommends that the Planning Commission:

A. Recommend that the City Council find Major Modification Case No. MOD22-0049 to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 (In-fill Development Projects); and, B. Recommend that the City Council approve Major Modification Case No. MOD22-0049, 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:

7. Existing General Plan/Zoning:

Planning Commission Staff Report

3. Draft Notice of Exemption

4. Exhibit Booklet
Westar Associates
Demolish a portion of a parking lot and construct a
new 4,500 square-foot multi-tenant retail pad
building at the Rancho Mirage Marketplace
anchored by Gelson's Market. The proposed
building will be located on a 1.61-acre parcel along
the west side of Bob Hope Drive, approximately 375
feet south of the Bob Hope Drive and Gerald Ford
Drive intersection. This request also includes
related landscaping and site improvements.
36101 Bob Hope Drive (APN: 674-600-003)

1.61 acres (70,132 square feet)
Bob Hope Drive
Existing shopping center and parking lot
Neighborhood Commercial (C-N)
AGENDA ITEM#
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DATE: November 30, 2023 EA22-0017 and MOD22-0049 Page 2 of 20 JUSTIFICATION OR INFORMATION CONTINUED:

8. Surrounding Land Use:

9. Surrounding General Plan/Zoning:

10. Environmental Information:
11 . Application Deemed Complete:

SUMMARY
N, W: Shopping Center; E: Master Planned
Community; S: Vacant Land
N, W: Neighborhood Commercial (C-N); E: Section
31 Specific Plan, Mixed Use (M-U); S: Very Low
Density Residential (R-L-2)
This Project is exempt from the requirements of
CEQA pursuant to CEQA Guidelines Section 15332
(In-fill Development Projects).

November 14, 2023
The applicant and owner representative, Connor Best of Westar Associates, is requesting approval of a Major Modification to a Development Plan to demolish a portion of an existing parking lot and construct a new 4,500 square-foot retail pad building in an existing shopping center anchored by Gelson's Market. The proposed building will be located on a 1.61-acre parcel along the west side of Bob Hope Drive, approximately 375 feet south of the Bob Hope Drive and Gerald Ford Drive intersection. This request also includes related landscaping and site improvements.

BACKGROUND
The Rancho Mirage Marketplace is a 98,500 square-foot shopping center located south of Gerald Ford Drive and west of Bob Hope Drive. The neighborhood shopping center is anchored by the Gelson's grocery store and includes a variety of retail, restaurants, personal services, professional and medical offices, banks, and a service station uses.

The Rancho Mirage Marketplace was originally approved in 1992 (Preliminary Development Plan Case No. PDP91004) and consisted of a 103,500 square-foot retail center on a 10.82-acre site. In addition to the two main buildings which were previously occupied by Pavilions and other tenants, three future building pads (Pads F, G, and H) were approved as a part of the original entitlements. The three future building pads were intended to be developed as freestanding buildings, compatible in use and design with the main buildings. The Chevron service station (Pad H) was completed in the late 1990's (Conditional Use Permit Case No. CUP98003). A freestanding building (Pad F) was built in the early 2000's (Final Development Plan Case No.

FDP00005). Subsequently, another freestanding building (Pad G), was built in the mid-2000's (Preliminary Development Plan Case No. PDP05013).

A commercial parcel map was recorded when the shopping center was developed, which created each freestanding building pad as separate legal parcels for future sale or lease to commercial users.

Site and Surrounding General Plan, Zoning and Land Uses The Rancho Mirage Marketplace is composed of seven parcels totaling approximately 471,319 square feet (10.82 acres). The project site currently consists of a portion of Building A and the parking lot. The General Plan and zoning designation of the subject property is Neighborhood Commercial (C-N).

Planning Commission Staff Report AGENDA ITEM#
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DATE: November 30, 2023 EA22-0017 and MOD22-0049 Page 3 of 20 JUSTIFICATION OR INFORMATION CONTINUED:

The following table describes the surrounding land uses located adjacent to the subject property:

General Plan and Zoning Designation Land Use
Project Site Neighborhood Commercial (C-N) Shopping center North Neighborhood Commercial (C-N) Shopping center and service station East Section 31 Specific Plan, Mixed Use (M-U) Master planned community - under construction
South Very Low Density Residential (R-L-2) Vacant
West Neighborhood Commercial (C-N) Shopping center

PROJECT DESCRIPTION
Site and Floor Plans
The project site is a 1.6-acre parcel located at the southeast corner of the shopping center and currently consists of a portion of Building A and the parking lot. There are several existing access points into the center from Gerald Ford Drive and Bob Hope Drive. No new public access into the shopping center is proposed, and circulation and access remain unchanged as a result of the proposed new retail pad.

The project proposes a new 4,500 square-foot multi-tenant retail pad building located approximately 25 feet from the Bob Hope Drive street curb. The retail pad building may accommodate three tenants, which have yet to be determined. The proposed building will maintain a minimum of a 71 '-7" building separation from the existing retail building. A new nine foot tall trash enclosure is proposed to be constructed to the north of the building and will be set back 17'-2" from the Bob Hope Drive street curb, similarly to an existing trash enclosure adjacent to the Chevron service station.

Building Elevations and Roof Plan
The proposed retail pad building is single-story, and its architectural design will match the existing shopping center. The building will consist of flat roof areas and hipped roofing. The main building height to top of the parapet is 24 feet, with the apex of the architectural tower element proposed at 33'-2" in height. The architectural tower element ranges from 29'-6" to 33'- 2" in height. Mechanical equipment will be located atop the central flat roof area and screened by the sloped tile roofs and four-foot-tall parapets.

Grading and Drainage
Grading and drainage patterns for the shopping center were established with the approval of the shopping center. The pad elevation for the proposed building is 309.3 feet. Drainage of the 1.6- acre project site will flow generally southwest to reach the "off-site" retention basin located west of the southwest corner of the shopping center. The existing storm drain system will be inspected to determine if any maintenance or modification is required as a part of this project.

Architecture
Planning Commission Staff Report AGENDA ITEM#
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The proposed building design carries forward the architectural style, materials, and colors of the other buildings at the center. Notable features include the warm desert toned color palette, clay roof tiles with natural color blends, and accent tiles. The exterior paint colors will be a light cream color with light peach accents. The roof fascia will be beige, and the metal trellis canopies will be in a rust brown color. The clay roof tiles will be a mixture of three colors, identified as "Caramel", "Buff', and "Mallorca." Architectural accents include the accent tiles and "Salmon" Adoquin stone column skirts. In addition, the new trash enclosure will match the architectural treatment of the proposed building.

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 project proposes and encourages the use of natural materials, such as stone, clay tiles, and stucco.

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 was designed to resemble the existing shopping center buildings by proposing to incorporate the architectural style, materials, and colors of the existing center to the greatest extent possible. The main colors and materials palettes include various shades of warm desert and earthtones and natural materials.

ANALYSIS
Review Authority (Rancho Mirage Municipal Code Section 17.34.010) The proposed project requires City Council review and approval of the Preliminary Development Plan application. 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.

The following tables compare the proposed project with the Neighborhood Commercial (C-N) development standards:

Development Feature Development Proposed Meets
Standards Requirements
Lot Coverage Maximum of 30% 30% Yes
Front Setbacks 25' 25' Yes
Side Setbacks 20' 80'-2" on the north side Yes 62'-3" on the south side Planning Commission Staff Report AGENDA ITEM#
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DATE: November 30, 2023 EA22-0017 and MOD22-0049 Page 5 of 20 JUSTIFICATION OR INFORMATION CONTINUED:

Rear Setback 20' 195'-1" Yes
Max. Building Height 20' /1 story 20' to 33' -2" Yes, see height analysis below
The proposed retail pad building is single-story. The building will consist of flat roof areas and hipped roofing. The main building height to top of the parapet is 24 feet, with the apex of the architectural tower element proposed at 33'-2" in height. The architectural tower element ranges from 29'-6" to 33'-2" in height. Mechanical equipment will be located atop the central flat roof area and screened by the sloped tile roofs and four-foot-tall parapets.

Though the proposed project proposes to exceed the twenty-foot maximum building height under the Development Code, the original development plan approval for the shopping center allows heights above twenty feet to create variations in massing. For reference, the anchor tenant's architectural towers are 36 feet tall. Also, in accordance with Development Code Section 17 .20.100 Height measurement, restrictions, and height limit exceptions, building heights may be increased as a part of a development plan application, subject to the following:

1. In addition to the minimum required setbacks, the setbacks shall be increased at a minimum rate of two feet for each one foot of additional building height above twenty feet, which shall be measured from the property line to each portion of the building that exceeds twenty feet; however, the council in exercising their discretion may require significantly greater setbacks.

Staff Response: The proposed project meets the additional setback requirements from the front property line along Bob Hope Drive pursuant to the Development Code. See table below for a summary of the additional building height setback analysis.

Building Feature Height Additional Setback Provided
Proposed Setback Required
Buildinq Eave 20' 25' 25'
Top of Roof Parapet 24' 33' 36'-1"
T ewer Roof Eave 29'-6" 44' 58'-1"
Top of Tower 33'-2" 51 '-4" 69'

2. Enhanced buffering to surrounding properties and the appropriateness of understructure parking shall be evaluated and related conditions of approval may be imposed by the council to mitigate any potential negative impacts on surrounding properties.

Staff Response: The applicant is proposing to demolish a portion of a parking lot to construct a 4,500 square-foot retail pad building within an established neighborhood shopping center. The proposed project is not proposing to exceed existing height limits on-site. The main buildings (A through E) have rooflines varying from 21 '-8" to 24', and at accent locations extending from 25'-4" to 31 '. The freestanding buildings (Pads F through H) all have tower elements that average to 28' in height and roofline masses that average 22' in height. As previously mentioned, the anchor tenant's architectural tower is 36 feet tall, which is taller than the proposed tower element of the proposed project.

The architectural element for the proposed project is located on the interior side most Planning Commission Staff Report AGENDA ITEM#
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DATE: November 30, 2023 EA22-0017 and MOD22-0049 Page 6 of 20 JUSTIFICATION OR INFORMATION CONTINUED:
distant from Bob Hope Drive. The tower element maintains a minimum setback of 58'-1" from the property line along Bob Hope Drive. The proposed project will not change the existing circulation and access.

3. A visual and spatial analysis relating building proportions, massing, height, and setback shall be conducted to preserve and enhance the scenic viewshed and related conditions of approval may be imposed by the council to mitigate any potential negative impacts on scenic viewsheds.

Staff Response: The proposed retail pad building is single-story and designed to be similar to the existing buildings within the shopping center. The applicant provided a line of-sight analysis and building sections as a part of the project. The building will consist of flat roof areas and hipped roofing. The main building height to top of the parapet is 24 feet, with the apex of the architectural tower element proposed at 33'-2" in height. The architectural tower element ranges from 29'-6" to 33'-2" in height. Mechanical equipment will be located atop the central flat roof area and screened by the sloped tile roofs and four-foot-tall parapets. In addition, the proposed project is not proposing to exceed existing height limits on-site. The main buildings (A through E) have rooflines varying from 21'-8" to 24', and at accent locations extending to 25'-4" to 31'. The freestanding buildings (Pads F through H) all have towers that average to 28' in height and roofline masses that average 22' in height. Lastly, the architectural element is located on the interior side most distant from Bob Hope Drive. The tower element maintains a minimum setback of 58'-1" from the property line along Bob Hope Drive.

4. The need and appropriateness of the additional height shall be demonstrated to the satisfaction of the council.

Staff Response: The additional height is necessary to screen rooftop mechanical equipment and add additional architectural interest to the massing and scale of the building. The proposed building will consist of flat roof areas and hipped roofing, an established architectural style within the shopping center. In addition, the proposed project meets the additional setback requirements in accordance with Development Code Section 17.20.100.

5. Compatibility and harmony with surrounding development, land uses designations, and zoning shall be demonstrated subject to the satisfaction of the council and related conditions of approval may be imposed by the council to mitigate any potential negative impacts on the compatibility and harmony with surrounding development, land use designations, and zoning.

Staff Response: The proposed retail pad building is single-story. The building will consist of flat roof areas and hipped roofing like existing buildings in the shopping center.

The applicant has provided a line-of-sight analysis and has designed the project to meet the additional setback requirements for areas exceeding twenty feet in height. Based on the existing conditions, sight line analysis, and architectural design of the project, the project is compatible with the shopping center.

Planning Commission Staff Report AGENDA ITEM#
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Required Parking and Parking Demand
General retail stores require 1 space for each 250 square feet of gross floor area pursuant to Development Code Section 17.26.040 Number of parking spaces required. The project is proposing a total off-street parking supply of 494 spaces. The parking required for the current palette of uses excluding the proposed retail pad building is 521 spaces. The proposed retail pad requires 18 spaces based on Development Code requirements. The total off-street parking requirement for the center would thus be 539 spaces, leaving a deficit of 45 spaces.

Development Code Section 17.26.050 Adjustments to off-street parking requirements provides a methodology to allow a reduction in the required number of parking spaces when multiple uses share the same pool of parking spaces, such as within shopping centers. The shared parking methodology was concluded to be applicable to Rancho Mirage Marketplace as the individual land use types experience peak demands at different times of the day.

When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from retail, restaurants, medical and professional offices, personal seNices, and seNice station. The varying uses result in a range of peak business hours and parking demands.

Therefore, staff requested a parking demand for the proposed project. A parking demand analysis dated December 13, 2022, was prepared by traffic engineers Linscott, Law & Greenspan and is available for public inspection at City Hall. The parking assessment evaluated the parking demand and operational needs of the shopping center at full occupancy and concluded that the peak hours and parking needs do not conflict with existing uses.

Based on the parking demand analysis, the existing parking supply would accommodate the parking demand of existing uses and the proposed retail pad. The proposed parking supply within the Rancho Mirage Marketplace totals 494 spaces. By applying the City's shared parking analysis methodology, the shopping center parking lot is short three stalls. By applying the Urban Land lnstitute's Shared Parking 3rd Edition methodology, the shopping center parking lot has five surplus stalls. This is in a situation with 100% occupancy and only occurs in the peak hour (about one hour a day). In reality, the diversity of the tenants with different business hours and peak periods makes such occurrences unlikely. In addition, historical tenant information from the applicant supports the fact that it is unlikely for the shopping center to be at 100% occupancy. The five-year average occupancy rate is 89%, and the current occupancy rate is 85%. The table below provides a summary of the shopping center's occupancy rate for the past five years.

Gelson's Sho Center Avera
2018 2019 2020 2021
94% 91% 83% 90%
2022
87%
Rate
5-Year
Avera e
89%
Current
85%
Given the overall parking demands and the types of adjoining uses, it is reasonable to conclude that the proposed project will be compatible with the other uses in the shopping center and subject site. The parking study indicates that the available shared parking supply of 494 spaces will be sufficient to meet the projected peak parking demands of existing and proposed uses.

Planning Commission Staff Report AGENDA ITEM#
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Therefore, the proposed retail pad building is not anticipated to cause any parking impacts to the existing parking facilities at the Rancho Mirage Marketplace.

Landscaping
The proposed landscape plan will match the existing desert appropriate landscape palette for the shopping center. The plan includes two new finger planter areas and additional landscaping along a portion of the Bob Hope Drive parkway. Plantings include the Dallas red lantana, coral fountain, and various yuccas. Planting areas will utilize 1 "-3" Hickory Creek fractured cobble and ¾" gravel to match the existing groundcover on site. Boulders will also match existing boulders within the shopping center. The landscape plan incorporates a desert appropriate planting palette and complies with the City's landscape development standards. The existing landscape within the project site will remain and be protected in place. Any sparse or damaged plant material will be replaced with like material and size.

Lighting
The proposed project's lighting plan includes two new light pole fixtures within the finger planter areas in addition to sixteen decorative lighting sconces on the new building. The proposed light fixtures will match the existing light fixtures in architectural style, color, and material to the greatest extent possible. The light fixtures will illuminate the building and the parking lot. The parking lot light poles will be a maximum height of sixteen feet to match existing and therefore will not exceed the maximum height permitted of eighteen feet from finished grade. As conditioned, the project's photometric plan will have a zero-foot candlelight reading at the shopping center boundaries.

FINAL DEVELOPMENT PLAN (FDP)
Prior to the issuance of any building permits, the applicant shall submit a Final Development Plan (FOP), which shall include detailed written responses to each of the project's conditions of approval along with the final set of construction, grading, lighting, landscaping, and irrigation plans. 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.

ADDITIONAL REVIEW
As part of the project review, staff sent notices to the Public Works Department, Riverside County Fire Marshal's Office, and all other responsible agencies regarding the proposed project on October 12, 2022. In addition, the parking study conducted by Linscott Law & Greenspan was peer reviewed by the City's on-call traffic consultant. Any received comments have been incorporated into this report and the Conditions of Approval.

Architectural Review Working Group (ARWG)
On November 13, 2023, the Architectural Review Working Group conducted a meeting to discuss the proposed Major Modification application. The ARWG members asked questions to which staff and the applicant representatives answered. The following topics were discussed:

Planning Commission Staff Report AGENDA ITEM#
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1) site accessibility and pedestrian flow, 2) rooftop mechanical screening, 3) trash enclosure access, 4) consistency between plans, and 5) providing additional architectural detail, such as glazing, in the back of house elevation fronting Bob Hope Drive.

The ARWG comments have been incorporated into the Conditions of Approval attached to this staff report.

NOTICING REQUIREMENT
Rancho Mirage Municipal Code Section 17.74.020, Hearing and notice, requires that all property owners, as shown on the county's latest equalized assessment roll, within a 500-foot radius of the boundaries of the subject parcel(s) be notified of matters requiring a public hearing. If the number of property owners to whom the notice would be mailed to is less than 25, then the mailing radius is required to be increased to 1,000 feet as measured from the exterior boundaries of the subject parcel. '
On November 15, 2023, public hearing notices were mailed to property owners within a 1,000- foot radius of the parcel boundaries and posted at the City's designated community posting sites pursuant to the requirements of Chapter 17.74 of the Municipal Code. Notification of the public hearing was published in The Desert Sun on November 19, 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 City has reviewed the proposed Project and determined that the Project requires no further environmental review pursuant to CEQA Guidelines Section 15332 (In-fill Development Projects).

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CONDITIONS OF APPROVAL
Major Modification to Development Plan Case No. MOD22-0049 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 Major Modification permit shall become null and void unless the expiration date for the project is extended as provided by Rancho Mirage Municipal Code (RMMC) Section

17.68.070.

2. The development of the subject property shall conform substantially with the approved exhibits contained in Case No. EA22-0017 and MOD22-0049 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.

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. 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 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, Planning Commission Staff Report AGENDA ITEM#
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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.

7. 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.

8. A sign program or sign program amendment shall be approved prior to issuance of any sign permits.

II. PLANNING

9. 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 FDP application submittal, the applicant shall submit a letter of approval from the City's contracted waste hauler, Burrtec, for the trash bin enclosure placement and design. Said enclosures shall be designed to accommodate trash, recycle, and organic waste receptacles as required by State law.

B. The applicant shall incorporate additional architectural elements along the back of house elevation fronting Bob Hope Drive.

10. The Development Services Director shall consider the FOP permit application. The Director may approve an FOP permit if it substantially conforms to the Development Plan and associated Conditions of Approval.

11. The approved 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.

12. The project shall be completed in accordance with the ordinances, requirements, guidelines, and other criteria in effect at the time of building permit issuance.

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13. 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.

14. 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.

15. Landscaping. The plans shall be submitted as a Landscape Documentation Package in accordance with Ordinance No. 990, and as amended by Ordinance No. 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 Chapter 17 .24 Landscaping Standards of the Municipal Code.

D. The landscape plan shall include plantings, such as shrubs or vines, along the trash enclosure facing Bob Hope Drive for screening purposes.

16. 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.

A. All pole-mounted lights shall not exceed sixteen (16) feet in height, shall be fitted with full cut-off glare shields, and shall be Dark Sky compliant.

B. Light fixtures shall be architecturally compatible to the overall design of the shopping center and shall match existing light pole and fixtures to the greatest extent possible, such as heights, colors, and finishes, including the Planning Commission Staff Report AGENDA ITEM#
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concrete base.

Ill.

C. All exterior light fixtures (existing and proposed) within the subject parcel shall be shown on the photometrics plan at the time of Final Development Plan submittal.

BUILDING

17.TRANSPORTATION UNIFORM MITIGATION FEE (TUMF)
The applicant shall pay to the City the TUMF in effect at the time the Building Permits are issued.

18. LICENSE TAX FOR NEW CONSTRUCTION
Prior to the issuance of Building Permits, the applicant shall pay to the City the license tax for new construction pursuant to Chapter 3.28 of the Municipal Code.

19.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.

20. DEVELOPMENT IMPACT FEES (DIF)
The applicant shall pay the DIF as a reasonable and proportional share of the cost of public facilities and infrastructure improvements that serve or will benefit the project in accordance with RMMC Chapter 3.29.

21. COACHELLA VALLEY WATER DISTRICT (CVWD) LETTER
Prior to occupancy, if applicable, a letter from CVWD shall be submitted stating that all 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.

22. 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)
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IV. PUBLIC WORKS

23.ANNEXATION TO COMMUNITIES FACILITIES DISTRICT (CFO)
Pursuant to Ordinance No. 485, the applicant shall form or annex to a Communities Facilities District (CFO) to pay the City annually for public service costs associated with this project. This requires the submittal of an application fee, the preparation of a boundary map, and 6-8 weeks processing time. The applicant is advised to begin the application process as soon as possible, because the CFO annexation must occur prior to issuance of Building Permits.

24. 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. The Precise Grading Plan shall show how the new construction will tie into the existing storm drain system.

The existing storm drain system shall be inspected to determine if any maintenance or modification is required as a part of this project.

25. 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.

26. 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.

27.AS-BUIL T PLANS
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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. 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 des.ign engineer or a licensed land surveyor to within 0.1 0 of a foot above or below the approved pad elevation indicated on the approved grading plan.

30. 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.

CITY ATTORNEY
Prior to issuance of Building Permits, the following conditions shall be satisfied:

31. 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.

32. 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.

33.IMPROVEMENTSURETY
Pursuant to Chapter 15.64.280 of the Rancho Mirage Municipal Code, all public Planning Commission Staff Report AGENDA ITEM#
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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.

34. 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.

35. 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. CONTRACT SPECIALIST
Prior to issuance of Building Permits, the following condition shall be satisfied:

36. MAINTENANCE OBLIGATIONS
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. 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.

VII. FIRE MARSHAL

37. 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 Planning Commission Staff Report AGENDA ITEM#
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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.

38. 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.

39. 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.

40. 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.

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FINDINGS
Major Modification to Development Plan Case No. MOD22-0049 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 subject property is Neighborhood Commercial (C-N). The proposed use is a 4,500 square-foot retail building within an existing shopping center. Retail stores and shopping centers are permitted uses by right pursuant to the Rancho Mirage Municipal Code Section 17 .10.012 Allowable commercial and industrial zone uses, permit requirements and project review authority. Individual tenants are required to submit a Use and Occupancy application to the Planning Division to obtain zoning clearance and ensure that their proposed uses are permitted within the C-N zoning district.

As conditioned, the proposed project is consistent with the City's General Plan and Zoning Ordinance development standards for lot coverage, setbacks, height limitations, and landscaping as described in this report.

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's building materials, colors, and architectural style conform to the existing shopping center buildings. Notable features include the warm earth toned color palette, clay roof tiles, and accent tiles. The new trash enclosure will match the architectural treatment of the retail buildings. The landscaping plan will match the existing desert appropriate landscape palette for the shopping center. A portion of the Bob Hope Drive parkway will be extended and planted with various plantings, such as the Dallas red lantana, coral fountain, and various yuccas. Groundcover includes 1 "-3" Hickory Creek fractured cobble and ¾" gravel to match the existing groundcover on site. Boulders will also match existing boulders within the shopping center. The landscape plan incorporates a desert appropriate planting palette and complies with the City's landscape development standards.

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 Planning Commission Staff Report AGENDA ITEM#
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as stone, plaster, stucco, and wrought iron.") in that the project proposes and encourages the use of natural materials, such as stone, clay roof tile, and stucco. 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 was designed to resemble the existing shopping center buildings by proposing to match the stucco, roof tile color blends, tile accents, and stone column skirting to the greatest extent possible. The main colors and materials palettes include various shades of warm desert and earthtones and natural materials.

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 project, as proposed and conditioned, meets all development requirements of the Municipal Code. Circulation and access remain unchanged as a result of the proposed new pad. The site can be served by required utilities and public services. The current request does not propose to amend the shopping center boundaries. In addition, the existing storm drain system shall be inspected to determine if any maintenance or modification is required as a part of this project. Staff sent notices to the Public Works Department, Riverside County Fire Marshal's Office, and all other responsible agencies regarding the proposed project on October 12, 2022. Any received comments have been incorporated into this report and the Conditions of Approval.

D. The design, location, and proposed uses would be compatible with the character of existing development in the surrounding neighborhood. 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 subject property is Neighborhood Commercial (C-N). The proposed use is a 4,500 square-foot retail building within an existing shopping center. Retail stores and shopping centers are permitted uses by right pursuant to the Rancho Mirage Municipal Code Section 17.10.012 Allowable commercial and industrial zone uses, permit requirements and project review authority. The proposed building materials, colors, and architectural style conform to the shopping center buildings. Notable features include the color palette, clay roof tiles, and accent tiles.

E. The subject site is physically suitable for the type and density/intensity of development being proposed, as conditioned. The proposed use is physically suitable within the subject site. The proposed project requires the demolition of 20 parking spaces to construct a 4,500 square-foot retail pad building within an existing shopping center.

Retail stores and shopping centers are permitted uses by right pursuant to the Rancho Mirage Municipal Code Section 17.10.012 Allowable commercial and industrial zone uses, permit requirements and project review authority.

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Based on the parking demand analysis, the existing parking supply would accommodate the parking demand of existing uses and the proposed retail pad. The proposed parking supply on the site totals 494 spaces. By applying the City's shared parking analysis methodology, the shopping center parking lot is short 3 stalls. By applying the Urban Land lnstitute's Shared Parking 3'd Edition methodology, the shopping center parking lot has 5 surplus stalls. This is in a situation with 100% occupancy and only occurs in the peak hour (about 1 hour a day). In reality, the diversity of the tenants with different business hours and peak periods makes such occurrences unlikely. In addition, historical tenant information supports the fact that it is unlikely for the shopping center to be at 100% occupancy. The 5-year average occupancy rate is 89%, and the current occupancy rate is 85%. Given the overall parking demands and th'e types of adjoining uses, it is reasonable to conclude that the proposed project will be compatible with the other uses in the shopping center and subject site.

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 Project is exempt from CEQA pursuant CEQA Guidelines Section 15332, In-Fill Development Projects. Class 32 exempts in-fill development within urbanized areas if it meets certain criteria: consistent with the General Plan and applicable zoning designation and regulations; within city limits on a site no larger than five acres substantially surrounded by urban uses; located on a site that has no value as habitat for rare or endangered species; would not result in significant adverse effects related to traffic, noise air quality or water quality; and located on a site that can be adequately served by all required utilities and public services. The Project involves the demolition of 20 parking spaces and the construction of a 4,500 sq. ft. retail pad building on a 1.61- acre parcel within an existing shopping center. The Project is consistent with the General Plan and Zoning Code, is within the City limits on less than five acres, and the project site has no value for endangered, rare, or threatened species. The site can be served by required utilities and public services. Therefore, based on Environmental Assessment Case No. EA22-0017 and the City's analysis, no further environmental review is required.

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ATTACHMENT 5
~ CITY OF RANCHO MIRAGE:

SPECIAL MEETING OF THE PLANNING COMMISSION
THURSDAY, NOVEMBER 30, 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 Commissioner Curran.
b) Roll Call: Agostini, Bryant, Chanter, Curran, Grey - All Present.

COMMISSIONER COMMENTS
Commissioner Chanter commented that she hoped everyone had a great Thanksgiving.

Commissioner Curran hoped everybody had a wonderful holiday and the thanked everyone in attendance.

Vice Chair Agostini welcomed everyone and expressed excitement to see the crowds come back into town again.

Commissioner Bryant commented that he was honored to be a part of all the great things happening in the City as projects roll along.

Chair Grey joined in with everyone else to say it was a great time of year and expressed his appreciation for Thanksgiving.

NON-AGENDA PUBLIC COMMENTS
Brad Anderson, resident of Rancho Mirage, commented that he did not agree with the cancellation of the regularly scheduled meeting or holding a special meeting with public hearing items on the agenda.

APPROVAL OF MINUTES - October 26, 2023, Regular Meeting.

Chair Grey reported that the minutes in the packet had been revised, per the request of Commissioner Bryant. (The revised minutes were provided to Planning Commissioners and made available to the public.)
Public Comments - None.

DRAFT 11/30/2023 Special Planning Commission Meeting Minutes Page 1 of 6 16-27
MOVED/SECONDED BY AGOSTINI/CHANTER TO APPROVE THE OCTOBER 26, 2023, REVISED REGULAR PLANNING COMMISSION MEETING MINUTES. MOTION CARRIED 5/0.

PUBLIC HEARINGS

1. Sign Program Amendment Case No. SIPRA23-0003 - Applicant: Signarama on behalf of Les Jardins. Consideration of a s ign program amendment to modify the existing signage criteria for a one-story building. The subject property is located at 72111 Highway 111 (APN:
682-350-008 ).

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 Amendment Case No. SIPRA23-0003, 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 commented that the signage was attractive and appropriate for the location.

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); AND

8. APPROVE SIGN PROGRAM CASE NO. SIPR23-0003, 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. EA23-0011 and Preliminary Development Plan Case No. PDP23-0005 - Cotino Town Center Phase 1. Applicant: DMB Development LLC on behalf of EC Rancho Mirage Holdings LP. Consideration to construct the first phase of the Catino Town Center, which includes two restaurant buildings totaling 9,057 square feet, three in-line retail buildings totaling 25,254 square feet, the Artisan Village, a 4,440 square-foot back of house building, and ancillary structures and uses such as the park, shade structures, and restroom/utility building. The Artisan Village consists of nine small tenant buildings totaling 1,844 square feet. The proposed Project will result in 40,979 square feet of combined commercial and office space. The subject property (Tract No. 38291, Lot 186 and Tract No. 37563, Lot 6) is in the northeastern quadrant of the Section 31 Specific Plan area and can be accessed from Monterey Avenue (APNs: 685-220-032 & 685-220-033).

A. Consider recommending that the City Council find Preliminary Development Plan Case DRAFT 11/30/2023 Special Planning Commission Meeting Minutes Page 2 of 6 16-28
No. PDP23-0005 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. PDP23-0005, subject to the conditions of approval and based on the content and findings in the staff report.

Joy Tsai, Senior Planner, presented the staff report.

Commissioner Comments
Commissioner Chanter commented that it was exciting to see the plans come to life and she liked the attractive and vibrant design that could be enjoyed by pedestrians.

Commissioner Curran noted his background in the commercial real estate industry and expressed appreciation of the time and effort put into the planning and development of the project. He added that the mix of tenant types would be a great addition to the community.

Commissioner Agostini concurred with Commissioners Chanter and Curran, noting he looked forward to the future progress and advancement of Catino.

Commissioner Bryant commented that the City was fortunate to have an experienced developer, such as DMB Development, involved in the project. He noted the project would be a superb amenity, not only for Catino and Rancho Mirage, but for the entire Coachella Valley. He added that the whole Town Center was going to contribute to an economic boom and be another reason for people to visit and/or move to Rancho Mirage.

Commissioner Bryant commented on the walking areas, the different shade structures, and the road going down the Town Center. He asked the developer to explain 1) the adequacy of the Artisan Village pedestrian corridor shading, and 2) the concept of the parking area and the street, Painted Shore Drive, that was designed to go through the middle of the Town Center.

Paul DePalatis of MSA Consulting and project applicant answered Commissioner Bryant's questions. He explained that Painted Shore Drive was a primary utility and maintenance vehicle access corridor serving the Town Center. He added that parking spaces were provided in front of the in-line retail buildings for "drop-in" customers. He also explained that the shading for the Artisan Village has slightly different design program and intent than the in-line retail buildings and was designed to allow view corridors.

Jarvis Payne, landscape architect from MSA Consulting, further elaborated on the landscape design concept of the Artisan Village. He clarified that the Artisan Village incorporates canopy shade trees, shade structures, and awnings over the kiosk buildings and oriented with sun angles in mind.

Commissioner Bryant asked if the California Department of Real Estate (DRE) required public reports for ground leases in this development.

Eric Brown, general manager for DMB Development, responded that DRE involvement was not required for the subject project.

DRAFT 11/30/2023 Special Planning Commission Meeting Minutes Page 3 of 6 16-29
Chair Grey commented that the proposed project was beautifully designed. He added that reviewing the scope of work and project with staff directly helped him alleviate his concerns. He expressed concern regarding the view from Monterey Avenue, project phasing, and parking lot visibility.

Mr. DePalatis addressed Chair Grey's concerns about the area in question, explaining the existing condition was temporary. He added that the final landscape design could not be determined in the areas outside of the project boundaries until future projects were proposed.

Public Comments
Salvador Amesquita, representing the Western States Regional Council of Carpenters Union, urged the City to require that the project utilize contractors paying a living wage and utilize state certified apprenticeship programs.

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

A. FIND PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0005 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. PDP23-0005,

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. EA22-0017 and Major Modification Case No.

MOD22-0049 - Westar New Retail Pad Building. Applicant: Connor Best of Westar Associates. Consideration to demolish a portion of a parking lot and construct a new 4,500 square-foot retail pad building in an existing shopping center anchored by Gelson's Market.

The proposed building will be located on a 1.61-acre parcel along the west side of Bob Hope Drive, approximately 375 feet south of the Bob Hope Drive and Gerald Ford Drive intersection. This request also includes related landscaping and site improvements. The subject property is located at 36101 Bob Hope Drive, Rancho Mirage CA 92270 (APN: 674- 600-003).

A Consider recommending that the City Council find Major Modification Case No. MOD22- 0049 to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 (In-fill Development Projects).

B. Consider recommending that the City Council approve Major Modification Case No.

MOD22-0049, 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.

Commissioner Comments
DRAFT 11/30/2023 Special Planning Commission Meeting Minutes Page 4 of 6 16-30
Commissioner Chanter commented that incorporating additional space for retail and office was good, as it would encourage more foot traffic throughout the shopping center and help the retailers.

Commissioner Curran noted he had no issues with the proposed project. He commented that additional amenities would help support the community and Rancho Mirage residents.

Commissioner Agostini spoke in favor of having additional amenities in Rancho Mirage. He noted that the neighborhood shopping center was centrally located and he liked the idea of bringing in new restaurants or retailers to the center.

Commissioner Bryant commended the property owner for having one of the nicest centers in the community . He asked staff if there had been any discussion with Southern California Edison about undergrounding the existing power lines.

Isaiah Hagerman, City Manager, reported that the subject power lines would be undergrounded as part of the Catino project.

Commissioner Bryant commented on the proposed building setback from Bob Hope Drive and made recommendations regarding the landscaping that could go in once the power lines were underground. He spoke regarding parking requirements and asked if the proposed project met the City's parking codes.

Ms. Tsai responded that the applicant has agreed to add additional architectural articulation, such as glazing, on the east elevation facing Bob Hope Drive. She noted that the parking study covered the entire shopping center. She explained that the parking study was completed by traffic engineers and peer reviewed by the City's on-call consultant. She clarified that the parking assessment was based on the center at full occupancy and peak hours, and utilized multiple methodologies. She concluded by noting that the City's on-call consultant agreed with the parking study conclusion that the proposed parking supply was sufficient.

Chair Grey commented that he believed that there was adequate parking for the entire center; however, he expressed concern .about vehicle and pedestrian circulation. He asked what the rationalization was for the placement of the new building pad in the lower corner of the center, as opposed to along the Gerald Ford Drive boundary, between Chase Bank and O'Caine's restaurant buildings.

Connor Best of Westar Associates, property owner representative, responded that electric vehicle chargers would be installed at the Gerald Ford boundary and there was adequate parking for the new building at the proposed location.

Public Comments - None.

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

A. FIND MAJOR MODIFICATION CASE NO. MOD22-0049 TO BE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS); AND DRAFT 11/30/2023 Special Planning Commission Meeting Minutes Page 5 of 6 16-31
B. APPROVE MAJOR MODIFICATION CASE NO. MOD22-0049, SUBJECT TO THE

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

MOTION CARRIED 5/0.

ADJOURNMENT
With no further business to consider, the Planning Commission meeting was adjourned at 3:00 P.M.

Prepared by: Deanna Mendoza
Development Services Technician
Date Approved by Planning Commission:

DRAFT 11/30/2023 Special Planning Commission Meeting Minutes Page 6 of 6 16-32
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01 Overall Site Plan -
Vehicular Circulation &ADA Pedestrian Path of Travel
02 Enlarged Site Plan
03 Floor Plan - Roof Plan, Trash Enclosure & Sight Line Study
04 Color Elevations & Sections
05 Photo Simulations
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ADDRESS:

APN#
PROJECT CASE NUMBERS:
36101 BOB HOPE DRIVE
RANCHO MIRAGE, CA 92270
674-600-003
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Rancho Mirage City CouncilDecember 21, 2023

Rancho Mirage City Council
December 21, 2023