ATTACHMENT 1: MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Mitigation Measures Timing and
Methods
Responsible
Parties
Mitigation Measure BIO-[A]
Prior to Project construction activities, a thorough,
recent, floristic-based assessment of special status
plants and natural communities, following CDFW’s
Protocols for Surveying and Evaluating Impacts to
Special Status Native Plant Populations and Natural
Communities (see
https://www.wildlife.ca.gov/Conservation/Plants)
shall be performed by a qualified biologist. Should
any state-listed plant species be present in the
Project area, the Project proponent shall obtain
appropriate CESA authorization for those species
prior to the start of Project activities. Should other
special-status plants or natural communities be
present in the Project area, on-site or off-site habitat restoration (whichever is applicable) and/or
enhancement and preservation should be evaluated
and discussed in detail. Where habitat preservation is
not available on-site, off-site land acquisition,
management, and preservation should be evaluated.
Timing: Prior to
Project
construction
activities.
Methods: See
Mitigation
Measure
Implementation:
City of Rancho
Mirage and Project
proponent
Monitoring and
Reporting: City of
Rancho Mirage
Mitigation Measure BIO-2: Nesting Birds
Regardless of the time of year, nesting bird surveys
shall be performed by a qualified avian biologist no
more than 3 days prior to vegetation removal or
ground-disturbing activities. Pre-construction
surveys shall focus on both direct and indirect
evidence of nesting, including nest locations and
nesting behavior. The qualified avian biologist will
make every effort to avoid potential nest predation as
a result of survey and monitoring efforts. If active
nests are found during the pre-construction nesting
bird surveys, a qualified biologist shall establish an
appropriate nest buffer to be marked on the ground.
Nest buffers are species specific and shall be at least 300 feet for passerines and 500 feet for raptors. A
smaller or larger buffer may be determined by the
qualified biologist familiar with the nesting
phenology of the nesting species and based on nest
and buffer monitoring results. Construction activities
may not occur inside the established buffers, which
Timing: No more
than 3 days prior
to vegetation
removal or
ground-disturbing
activities.
Methods: See
Mitigation
Measure
Implementation:
City of Rancho
Mirage and Project
proponent
Monitoring and
Reporting: City of
Rancho Mirage
7-856
Pilar Lopez, Senior Planner
City of Rancho Mirage
January 19, 2024
shall remain on site until a qualified biologist
determines the young have fledged or the nest is no
longer active. Active nests and adequacy of the
established buffer distance shall be monitored daily
by the qualified biologist until the qualified biologist has determined the young have fledged or the Project
has been completed. The qualified biologist has the
authority to stop work if nesting pairs exhibit signs of disturbance.
Mitigation Measure BIO-1: Burrowing Owl Surveys
Suitable burrowing owl habitat has been confirmed
on the site; therefore, focused burrowing owl surveys
shall be conducted by a qualified biologist according
to the Staff Report on Burrowing Owl Mitigation prior
to vegetation removal or ground-disturbing activities.
If burrowing owls are detected during the focused
surveys, the qualified biologist and Project
proponent shall prepare a Burrowing Owl Plan that
shall be submitted to CDFW for review and approval
prior to commencing Project activities. The
Burrowing Owl Plan shall describe proposed
avoidance, minimization, mitigation, and monitoring
actions. The Burrowing Owl Plan shall include the
number and location of occupied burrow sites, acres
of burrowing owl habitat that will be impacted, details of site monitoring, and details on proposed buffers
and other avoidance measures if avoidance is
proposed. If impacts to occupied burrowing owl
habitat or burrow cannot be avoided, the Burrowing
Owl Plan shall also describe minimization and
relocation actions that will be implemented.
Proposed implementation of burrow exclusion and
closure should only be considered as a last resort,
after all other options have been evaluated as
exclusion is not in itself an avoidance, minimization,
or mitigation method and has the possibility to result
in take. If impacts to occupied burrows cannot be
avoided, information shall be provided regarding
adjacent or nearby suitable habitat available to owls
along with proposed relocation actions. The Project
proponent shall implement the Burrowing Owl Plan
following CDFW and USFWS review and approval.
Preconstruction burrowing owl surveys shall be
conducted no less than 14 days prior to the start of
Project-related activities and within 24 hours prior to ground disturbance, in accordance with the Staff
Report on Burrowing Owl Mitigation (2012 or most
recent version). Preconstruction surveys should be
Timing: Focused
surveys: Prior to
vegetation
removal or
ground-disturbing
activities. Pre-
construction
surveys: No less
than 14 days prior
to start of Project-
related activities
and within 24
hours prior to
ground
disturbance.
Methods: See
Mitigation
Measure
Implementation:
City of Rancho
Mirage and Project
proponent
Monitoring and
Reporting: City of
Rancho Mirage
7-857
Pilar Lopez, Senior Planner
City of Rancho Mirage
January 19, 2024
performed by a qualified biologist following the
recommendations and guidelines provided in
the Staff Report on Burrowing Owl Mitigation. If the
preconstruction surveys confirm occupied burrowing
owl habitat, Project activities shall be immediately
halted. The qualified biologist shall coordinate with
CDFW and prepare a Burrowing Owl Plan that shall
be submitted to CDFW and USFWS for review and
approval prior to commencing Project activities.
Mitigation Measure BIO-[B]: Artificial Nighttime
Lighting
Throughout construction and the lifetime operations
of the Project, the City of Rancho Mirage and Project
proponent shall eliminate all nonessential lighting
throughout the Project area and avoid or limit the use
of artificial light at night during the hours of dawn
and dusk when many wildlife species are most active.
The City of Rancho Mirage and Project proponent
shall ensure that all lighting for the Project is fully shielded, cast downward, reduced in intensity to the
greatest extent possible, and does not result in
lighting trespass including glare into surrounding
areas or upward into the night sky (see the
International Dark-Sky Association standards at
http://darksky.org/). The City of Rancho Mirage and
Project proponent shall ensure use of LED lighting
with a correlated color temperature of 3,000 Kelvins
or less, proper disposal of hazardous waste, and
recycling of lighting that contains toxic compounds
with a qualified recycler.
Timing:
Throughout
construction and
the lifetime
operations of the
Project.
Methods: See
Mitigation
Measure
Implementation:
City of Rancho
Mirage and Project
proponent
Monitoring and
Reporting: City of
Rancho Mirage
Mitigation Measure BIO-[C]: CVMSHCP Compliance
Prior to construction and issuance of any grading
permit, the City of Rancho Mirage shall ensure
compliance with the Coachella Valley Multiple
Species Habitat Conservation Plan (CVMSHCP) and
its associated Implementing Agreement and shall
ensure the collection of payment of the CVMSHCP
Local Development Mitigation Fee and transfer of
revenues to the Coachella Valley Conservation
Commission.
Timing: Prior to
construction and
issuance of any
grading permit.
Methods: See
Mitigation
Measure
Implementation:
City of Rancho
Mirage
Monitoring and
Reporting: City of
Rancho Mirage
Mitigation Measure BIO-[D]: Salvage of Sand-
Dependent Covered Species
Prior to vegetation removal or ground-disturbing
activities, the City of Rancho Mirage will collaborate
Timing: Prior to
vegetation
removal or
Implementation:
City of Rancho
Mirage
7-858
Pilar Lopez, Senior Planner
City of Rancho Mirage
January 19, 2024
with the Coachella Valley Conservation Commission
to plan and implement a salvage of Covered sand-
dependent species within the Project site.
ground-disturbing
activities
Methods: See
Mitigation
Measure
Monitoring and
Reporting: City of
Rancho Mirage
7-859
Environmental Assessment Case No. EA23-0006; General Plan Zoning Map Amendment Case No. GPZMA23-0002; Specific Plan Case No. SP23-0002; and Development Agreement Case No. DA23-0002
Prepared for
City of Rancho Mirage
Development Services Department
69825 Highway 111
Rancho Mirage, CA 92270
Prepared by
Terra Nova Planning & Research, Inc.®
42635 Melanie Place, Suite 101
Palm Desert, CA 92211
March 2024
ATTACHMENT 4
7-860
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cat an a
SPECIFIC PLAN
i
Table of Contents
Page
1. Introduction 1-1
1.1 Plan Context 1-2
1.2 Plan Structure 1-3
1.3 Authority + Scope 1-3
1.3.1 Enabling Legislation 1-4
1.4 Relationship to Other Plans 1-4
1.5 CEQA Compliance 1-5
2. The Project 2-1
2.1 Existing Conditions 2-1
2.2 The Vision for Catana 2-2
2.3 Specific Plan Planning Areas 2-3
3. Development Standards 3-1
3.1 Development Standards by Planning Area 3-2
3.1.1 Allowable Uses 3-2
3.1.2 Development Standards 3-4
3.1.2A Residential Standards 3-4
3.1.2B Commercial Development Standards 3-6
3.1.2C Planning Area 3 Parking Requirements 3-7
3.2 General Standards for All Planning Areas 3-10
3.2.1 Perimeter Setbacks and Treatments 3-10
3.2.2 Walls and Fences 3-12
3.2.3 Screening and Buffering 3-13
3.2.4 Landscaping 3-13
3.2.5 Project Entries and Hardscapes 3-18
3.2.6 Lighting 3-18
3.2.7 Signage 3-19
4. Design Guidelines 4-1
4.1 Architectural Design Guidelines 4-2
4.1.1 Architectural Theme 4-2
4.1.2 Articulation and Massing 4-3
4.1.3 Building Materials 4-4
4.1.4 Walls and Fences 4-6
4.1.5 Mechanical Equipment, Screening, and Utilities 4-7
4.2 Landscape Design Guidelines 4-7
4.3 Site Design Guidelines 4-10
4.3.1 Streetscapes and Pedestrian Paseos 4-11
4.3.2 Common Areas 4-12
4.3.3 Signage 4-13
4.3.4 On-Site Lighting 4-14
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5. Infrastructure 5-1
5.1 Circulation 5-1
5.1.1 External Roads 5-3
5.1.2 Internal Roads 5-4
5.1.3 Paseos and Sidewalks 5-9
5.2 Water 5-11
5.3 Sanitary Sewer 5-11
5.4 Drainage 5-11
5.5 Utilities, Energy and Sustainability 5-11
6. Administration 6-1
6.1 A pplication Review 6-1
6.2 Specific Plan Amendments 6-2
6.3 Financing and Phasing 6-2
APPENDIX A: GENERAL PLAN CONSISTENCY ............................................ A-1
LIST OF EXHIBITS
Exhibit 5-1 Catana Specific Plan Street Sections ............................................. 5-8 Exhibit 5-2 Catana Specific Plan Water & Sewer ........................................... 5-13
LIST OF TABLES
Table 3-1 Residential Land Uses – Planning Area 1 & 2 ................................. 3-2 Table 3-2 Commercial Land Uses – Planning Area 3 ...................................... 3-3 Table 3-3 Residential Development Standards ............................................. 3-5 Table 3-4 PA 3 Commercial Development Standards ..................................... 3-7 Table 3-5 Planning Area 3 Parking Requirements by Land Use ........................ 3-7 Table 3-6 Minimum Size and Mix of Landscaping ........................................ 3-14 Table 3-7 Specific Plan Landscape Palette ................................................. 3-15
LIST OF FIGURES
Figure 1-1 Planning Areas .......................................................................... 1-2 Figure 2-1 L ocation Map ............................................................................ 2-1 Figure 2-2 Land Use Map ........................................................................... 2-2 Figure 2-3 PA 1 Site Plan ........................................................................... 2-4 Figure 2-4 Single Story Setback .................................................................. 2-4 Figure 2-5 PA 2 Site Plan ........................................................................... 2-5 Figure 2-6 PA 3 Site Plan Concept ............................................................... 2-6 Figure 3-1 Typical Tree Distribution, PA1 .................................................... 3-14 Figure 3-2 Representative Plants ............................................................... 3-17 Fi
gure 5-1 Planning Area Access Points ........................................................ 5-2 Figure 5-2 Rattler Road Landscaped Parkway ................................................ 5-3 7-862
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Figure 5-3 West Access .............................................................................. 5-4 Figure 5-4 PA 1 Driveway, Parking on 2 Sides ............................................... 5-5 Figure 5-5 PA 1 Driveway Plan View ............................................................ 5-5 Figure 5-6 PA 1 Driveway, Parking on 1 Side ................................................ 5-6 Figure 5-7 PA 1 Driveway Plan View (1 side parking) ..................................... 5-6 Figure 5-8 PA 1 Lanes ............................................................................... 5-7 Figure 5-9 PA 1 Lane Plan View ................................................................... 5-7 Figure 5-10 Pedestrian Pathways ................................................................ 5-10 7-863
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1. INTRODUCTION
The Catana Specific Plan has been prepared to guide the development of a mixed- use community in the City of Rancho Mirage. The Project will provide housing and commercial services to the north end of the City and surrounding communities.
Catana is envisioned to be internally connected to provide residents with opportunities to move through the community without their cars, and to provide access to shopping, jobs, and school on foot, by bicycle or golf cart.
The Specific Plan establishes Project -specific standards and guidelines that provide flexibility for development of three distinct product types: single family homes, apartments and general commercial uses. The 36- acre site will be developed in phases, to allow for market conditions and the changing retail environment.
There are three Planning Areas within the Specific Plan:
Planning Area 1 provides for up to 210 single family homes with a central clubhouse, pool, gym and interconnected paseos that bring internal connectivity to the residents and provides their homes a garden setting. This planning area is being developed consistent with the currently allowed density of 9 units per acre allowed under the High Density Residential designation.
Planning Area 2 allows up to 95 apartments affordable to lower income households, and includes a central recreation area. This Planning Area will apply an Affordable Housing Overlay to allow a density of up to 28 units per acre.
Chapter 1
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Chapter 1
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Planning Area 3 is proposed to include up to 75,000 square feet of retail and office uses ranging from restaurants to medical offices. This Planning Area will be developed using the General Commercial land use designation.
1.1 Plan Context
Catana is located in the northern part of the City, north of Ramon Road and south of Rancho Mirage High School. Its location on Ramon Road provides regional access to Cathedral City and Palm Springs to the west, Interstate 10 (I -10) to the east, and the core of Rancho Mirage to the south. Ramon Road will be the primary access for the retail commercial and apartment community, while Rattler Road, on its east boundary, provides access to both the single family rental homes and the retail commercial within the Specific Plan area.
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catana
Figure 1-1
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1-3
The Catana community will provide unique opportunities in Rancho Mirage for long term rentals of both single family homes and affordable apartments – housing that is needed and currently unavailable to Rancho Mirage residents.
1.2 Plan Structure
The Specific Plan is organized into six chapters:
Chapter 1, Introduction & Setting provides an overview of the document, the project setting and legislative authority for the Specific Plan, entitlement process and other general information.
Chapter 2, The Specific Plan Area establishes the vision for the Project and describes its Planning Areas and land use plan.
Chapter 3, Development Standards provides development standards applicable to each Planning Area, and includes standards that will apply community-wide.
Chapter 4, Design Guidelines establishes the design guidelines applicable to each Planning Area, setting the theme and assuring high quality development throughout the community.
Chapter 5, Infrastructure provides for roadway and driveway standards within and bounding the community, as well as water, sanitary sewer and drainage plans for the Specific Plan area.
Chapter 6, Administration and Implementation describes the processes and procedures used to administer and implement the Specific Plan.
1.3 Authority + Scope
A Specific Plan is a document allowed under California law which provides local jurisdictions with a planning tool for master planning a particular site or project area.
A Specific Plan, when approved, becomes the zoning ordinance for the project area it covers. The Specific Plan is intended to ensure quality development consistent with the goals, objectives, and policies of the Rancho Mirage General Plan.
The Specific Plan guides the standard of development for the plan area and is structured to provide a degree of flexibility for future land developers to address market driven changes if necessary. The Catana Specific Plan establishes and updates the design and development zoning policies applicable to development within the Planning Area described herein. This Specific Plan also establishes the regulations and standards which serve as the ordinance and development regulation for the Planning Area going forward.
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1.3.1 Enabling Legislation
The authority to adopt and implement the Catana Specific Plan is granted to the City of Rancho Mirage by the provisions of California Government Code Section 65450 through 65457. The following are the minimum requirements for the contents of a Specific Plan, as set forth in Government Code:
¨ Text and diagrams that provide the distribution, location and extent of land uses; the distribution, location and extent of transportation, water, sewer, drainage and other utilities; and the standards and criteria by which these improvements will proceed;
¨ Implementation measures including regulations, programs, public works projects and financing measures required to implement the Plan;
¨ Consistency analysis to assure that the Specific Plan is compatible with the General Plan.
As with General Plans and Zoning Ordinances, the Planning Commission must hold a public hearing before it can recommend to City Council the adoption of a Specific Plan or an amendment thereto. The City may adopt a Specific Plan by either ordinance or resolution.
1.4 Relationship to Other Plans
The Specific Plan must be consistent with the City’s General Plan. It also establishes the Zoning for the Specific Plan area.
The Specific Plan area is currently designated High Density Residential ( 5 to 9 units per acre) on the General Plan/Zoning Map Amendment Map. As such, General Plan/Zoning Map Amendment Case No. GPZMA23 -0002 (GPZMA23-0002) was included with the Specific Plan when submitted. GP ZMA23-0002 provides for three land uses within the Specific Plan area: 8.3 acres of General Commercial along the southern boundary (Planning Area 3) along Ramon Road; 3. 2 acres of High Density Residential/Affordable Housing Overlay along the western boundary in the center of the property; and 24.5 acres of High Density Residential land for the balance of the site.
The General Plan describes the High Density Residential designation as:
“This designation allows for smaller, single-family attached products and multi- family dwellings. It is most suitable for planned communities and affordable and senior housing where smaller units and higher densities may be appropriate. Duplex and multi -plex development is the most common and provides for PRDs of varying types, including apartments.”
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Planning Area 1 is being developed with this vision in mind, and will include single family homes with private front patios and rear yards, centered on garden paseos that lead to the central recreation space.
The General Plan’s Housing Element allocates 400 units to the Specific Plan area, more than the 305 included in this Specific Plan. However, in order to assure that Catana provides high quality design and a safe and pleasant neighborhood for its residents, the Specific Plan reduces the ultimate density of the Project.
The Housing Element also describes the Affordable Housing Overlay, originally developed for the Highway 111 Specific Plan, as allowing densities of 16 to 28 units per acre, and conditionally allowing up to 34 units per acre for affordable housing projects. The Overlay was adopted by the City Council on July 20, 2023 , and its concepts have been used in the development standards provided in Chapter 3.
A complete analysis of General Plan consistency is provided in Appendix A.
The City uses a single map for both General Plan and Zoning designations. Therefore, the current High Density Residential zoning district is being amended concurrently and will match the General Plan designations.
1.5 CEQA Compliance
The Specific Plan and accompanying applications are “Projects” under the California Environmental Quality Acre (CEQA). As a result, the City prepared an Initial Study, which led to a Mitigated Negative Declaration. The Initial Study found that the Specific Plan had a potential to significantly impact the environment, but that these impacts could be reduced to less than significant levels with the implementation of mitigation measures. The City Council approved the Mitigated Negative Declaration prior to adopting this Specific Plan.
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2. THE PROJECT
The Catana community is planned as a mixed-use neighborhood on 36± acres located at the northwest corner of Ramon Road and Rattler Road. This Specific Plan has been prepared to provide for the development standards and guidelines that will govern the development of the site, and the three Planning Areas within it.
This Chapter describes the Project site, the vision
and goals for the community, and each of the
Planning Areas. Chapter 3 provides development
standards, and Chapter 4 includes guidelines for
architectural style and details, landscape design
and concepts, and similar guidance to assure a
high quality neighborhood for Rancho Mirage
residents.
2.1 Existing Conditions
The Specific Plan area consists of 36± acres of
vacant land at the north end of the City (excluding
the 4 acres previously dedicated to the City for
Ramon and Rattler Roads). The land is bordered
by a vacant parcel of similar size to the west, Rancho Mirage High School to the north, Rattler Road and vacant land in unincorporated Riverside County to the east, and Ramon Road and Mission Hills North Country Club to the south.
Chapter 2
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Figure 2-1
Location Map
2-2
The residential community of Tuscany is northwest of Catana, and the La Sierra University and Eisenhower Health’s Vibra Rehabilitation Hospital are to the southwest at Da Vall Drive and Ramon Road.
Catana’s location on Ramon Road provides easy access to Interstate 10 to the east, at the Bob Hope Drive interchange, and to Cathedral City to the west.
Land Use Designation
Catana has for many years been
designated for High Density
Residential development in the
City’s General Plan. This
designation allows 5 to 9 dwelling
units per acre. In conjunction with
this Specific Plan, a General
Plan/Zoning Map Amendment was
processed to modify the
designation of a portion of the
property to include 8 .3± acres of
General Commercial along Ramon
Road, and the addition of an
Affordable Housing Overlay to
3.3± acres along the west
property line, in the center of the
site, as shown in Figure 2-1. The
balance of the site, or about 24.5
acres, will remain High Density
Residential.
Surrounding Land Use
Designations
Land to the west is designated
Mixed Use, which allows commercial, office , and high density residential projects.
Land to the north is designated Public/School, for the High School property. To the east, the City has identified Medium Density Residential for lands that are currently in the City’s Sphere of Influence, allowing up to 4 dwelling units per acre. Land to the south is designated Private Open Space and Medium Density Residential further south for the homes located on the Mission Hills North golf course.
2.2 The Vision for Catana
Catana will be a new neighborhood for Rancho Mirage. It provides much -needed housing for the City’s residents and expands the City’s commercial base. The residences at Catana will all be leased units catering to families and seniors who Figure 2-2
Land Use Map
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prefer to rent or are currently not able to purchase
a home. Of the 305 potential units, up to 210 will
be single family homes with front patios and
private rear yards available at market rates, and
up to 95 will be apartments in multiple buildings
affordable to lower income households.
For example, the Catana resident could be a
retired couple “downsizing” and not wanting the
responsibility for yard and pool maintenance; a
young working couple just starting out and
working at the High School or the shops in nearby
Cathedral City; or a manager or nurse at Eisenhower Health who is in Rancho Mirage on a year-long contract and not sure if they will be buying a house.
The shops at Catana will provide restaurants, offices and retail opportunities that can be used by both the neighborhood’s residents, the existing neighborhoods to the northwest and the passing traveler on Ramon Road. The commercial center will have a presence on the street, and buffer the homes to the north from Ramon Road.
The goals for Catana include:
¨ Establish a high quality mixed use neighborhood that allows people to live, work, shop and go to school without having to take their car.
¨ Maintain the City’s design standards while providing residential units new to Rancho Mirage.
¨ Complement the existing development along Ramon Road and support existing residents and Rancho Mirage High School.
¨ Provide local businesses with a central and high traffic environment.
¨ Provide first-class rental housing for those not wanting to buy a home.
¨ Broaden the City’s housing stock with professionally managed, leased single- and multi-family units that create a sense of neighborhood and belonging.
¨ Help the City meet its Housing Element housing needs for market and affordable housing.
2.3 Specific Plan Planning Areas
Catana consists of three Planning Areas, each providing a unique and distinct product type. Each Planning Area is expected to develop independently, with the single family rental homes coming first, followed by the apartments, and then the commercial development. This phasing is projected for several reasons: market forces are 7-871
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currently showing a very high demand for leased housing; the long lead time required to finance affordable housing projects through the State and private lending institutions; and the current uncertainty associated with the retail market. As described in Chapters 3 and 4, development standards and guidelines have been developed for each Planning Area, and also for the Specific Plan as a whole, to assure that all three Planning Area are complementary and consistent in design and implementation. As shown in Figure 2-3, each Planning Area covers a distinct sub - area of the neighborhood. The site plan layout for each Planning Area will be developed through Planned Development Permits following approval of the Specific Plan, and may vary from those shown below. The overall allowed density or square footage, however, is limited by this Specific Plan.
Planning Area 1 (PA 1) is the
largest land area in the Plan
at 24.5 acres. It is designed
to accommodate up to 210
attached and detached single
family homes available for
lease, at a density of 8.7
units per acre, consistent
with the High Density
Residential designation that
currently occurs on the
property. Each home will
have a private 2-car garage
and back yard, as well as
access to the community’s
central Clubhouse/recreation
facilities.
Homes are proposed to be up
to 24 feet in height. The
homes will be either single
story, or have a partial, or
“pop up” second story that
occupies only a portion of the
first floor footprint (shown in
light tan on Figure 2 -3). In
order to minimize the impact
on the high school and the
Tuscany neighborhood, a
single-story limitation will be
included along the northern
boundary of PA 1. It requires
that building heights be
limited to 15 feet within 45
feet of the northern property
Figure 2-3
PA 1 Site Plan
Figure 2-4
Single Story Setback
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line (please see Chapter 3, Table 3 -3). A single-story limitation is also placed on homes along the eastern property line, which restricts the homes to 15 feet within 55 feet of the project’s boundary on Rattler Road.
The Clubhouse will include a pool and spa with lounge chairs and cabanas, a gym and central leasing office. Residents can make their way to the Clubhouse through a system of landscaped paseos/sidewalks that bring internal connectivity to the residents and provides their homes a garden setting.
PA 1 takes access from Rattler Road, with a main gated entry at the center of the site, and a residents’ gate on the north end. Emergency access will also be provided at the south end of PA 1 on Rattler Road. On the south boundary of PA 1, pedestrian gates will connect to Planning Area 3, to allow residents easy access to the commercial businesses without need for a car.
Planning Area 2 is centered in the Specific Plan area,
and will provide up to 95 apartments affordable to
lower income households. Apartments will be walk-up
flats in multiple three -story buildings at a density of 28 units per acre. Parking will be provided under
carports, with parking areas adjacent to each building
in a looped configuration. The carports will also
provide a platform for solar panels.
This Planning Area also includes a central recreation
area. The recreation area will include a playground,
community room, and leasing office. This Planning
Area is assigned an Affordable Housing Overlay to
allow for increased density and building height.
Access to PA 2 will be from the south on Ramon Road,
via a 36-foot driveway that will be shared with
Planning Areas 1 and 3.
Planning Area 3 covers the entire Ramon Road
frontage, and will include up to 75,000 square feet of
retail and office uses consistent with those allowed in the General Commercial (C-G) Zoning District. PA 3 will consist of multiple buildings with a presence on the street, to create a sense of place. The configuration may vary, and provide a mix of retail and office buildings, depending on the market.
Figure 2-5
PA 2 Site Plan
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$1NClE-FAMU RESIOENTW.
..---
2-6
Courtyards and seating areas will connect the buildings and provide an opportunity for restaurant terraces, public seating areas, and safe pedestrian ways throughout.
A meandering landscape and sidewalks will lead visitors from Ramon Road into the project, to promote pedestrian access.
PA 3 will include a single primary
access at the center of the site,
directly onto Ramon Road.
Secondary access points are
proposed at the northeast
boundary to Rattler Road, and
on the west via the shared
driveway to PA 2.
Figure 2-6
PA 3 Site Plan Concept
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3. DEVELOPMENT STANDARDS
This Chapter serves as the Specific Plan area’s Zoning Ordinance, setting the overall regulatory framework for the Specific Plan. It includes the types of land uses allowed in each Planning Area, as well as the setbacks, building heights, and parking requirements. The purpose of development standards is to provide quantifiable requirements for each Planning Area, as well as for the community as a whole . The overall intent of these standards is to ensure that each individual development project contributes to meeting the vision for the neighborhood.
Specifically, the development standards are intended to:
¨ Establish uses and site development standards which contribute to a unified design and development pattern.
¨ Provide for the nature and scale of uses which can make the most efficient use of available land.
¨ Contribute to the improvements of both visual and functional attributes of the community.
¨ Establish and enhance placemaking, as well as continuity and consistency of development through appropriate standards, within each Planning Area.
The requirements of this Chapter supersede the requirements of the City’s Zoning Ordinance, unless otherwise specified in this Chapter . If there is a conflict between the regulations provided in the Zoning Ordinance and this Specific Plan, the regulations provided in the Specific Plan shall prevail. Where direction is not provided in this Specific Plan, the provisions of the Zoning Ordinance shall prevail.
Chapter 3
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3.1. Development Standards by Planning Area
The following land uses and development standards are presented by Planning Area, to focus on the varying land uses proposed and provide appropriate standards .
Section 3. 2 provides development standards for the Specific Plan as a whole, regardless of the Planning Area.
Terms used in this Chapter are consistent with the Definitions provided in Municipal Code Section 17.90.
3.1.1. Allowable Uses
Specifically permitted, conditionally permitted, and prohibited land uses are listed in Table 3-1 for Planning Areas 1 and 2, and in Table 3-2 for Planning Area 3. The list of uses is intended to be complete enough to adequately describe the permitted uses that are compatible with the land use objectives for each Planning Area. If a proposed land use is not listed, the Director of Development Services or their designee, upon written request, will review the proposed unlisted use and determine whether it is Permitted, requires a Development Permit, Conditional Use Permit, or is prohibited.
It shall be at the discretion of the Director of Development Services or their designee to determine if the use is consistent with the objectives of the Specific Plan as a whole, and is compatible with other listed permitted or conditionally permitted uses.
Where a use is governed by Zoning Ordinance standards, the applicable section is cited in the notes.
Table 3-1
Residential Land Uses – Planning Area 1 & 2
Use PA 1 PA 2 Notes
Accessory Dwelling Units per State law* P P Per 17.30.200 Child Day Care— Up to 7 P P
Child Day Care— Over 7 C C
Community Apartments and
Condominiums - P
Home Occupations P P Per 17.44.060
Multifamily Housing - P
Open Space and Recreation
Residential Recreational Facilities, Private P P
Swimming Pool P P
P=Permitted Use; C=Conditional use— Conditional Use Permit required; D=Development Plan Permit required
*Only State-regulated ADUs are permitted. Casitas are not permitted.
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Table 3-2
Commercial Land Uses – Planning Area 3
Use PA 3 Notes
Assembly Uses
Churches/Places of Worship C
Community/Cultural Centers C
Health/Fitness Centers D
Indoor Amusement/Entertainment Centers C
Libraries and Museums D
Membership Organization Facilities C
Outdoor Recreation, Commercial C
Child Care Centers 8 or more Children C Per 17.30.060
Schools, Private C
Schools, Specialized Education and Training D
Studios— Art, Dance, Music, Photography, etc. D
Theaters, Auditoriums, and Meeting Halls D
Printing and Publishing D
Recycling Facilities— Small Collection Facility D Per 17.30.180 Recycling Facilities— Reverse Vending Machines D Per 17.30.180 Retail Trade
Accessory Retail Uses P
Art, Antiques, Collectibles, and Gifts D
Auto (motor vehicle) Parts and Supplies C
Building Material Stores C
Consignment Stores C
Drug Stores, no Drive-Through D
Drug Stores with Drive-Through C
Furniture, Furnishings and Equipment Stores D
Grocery Stores D
Pet Stores D
Plant Nurseries D
Restaurants, Sit Down D
Restaurants, Specialty D
Retail Stores, General Merchandise D
Shopping Centers D
Automated Teller Machines (ATMs) P
Banks and Financial Services D
Business Support Services D
Car (Motor Vehicle) Wash C
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Table 3-2
Commercial Land Uses – Planning Area 3
Use PA 3 Notes
Hotels D
Laundromats, Self-Service and Dry Cleaning, Drop-
off only D
Medical Services, Clinics, and Laboratories D
Offices, Professional D
Personal Services D
Repair and Maintenance, Consumer Products D
Veterinarian Clinics and Animal Hospitals C
Transportation and Communication Facilities
Alternative Fuels and Recharging Facilities D
Broadcast and Recording Studios D
Public Utility Facilities C
Satellite Antenna C
Temporary Parking Lots (in compliance with city
improvement standards) C
Wireless Facilities C Per 17.32.050
P=Permitted Use; C=Conditional use— Conditional Use Permit required; D=Development Plan Permit required
3.1.2. Development Standards
Current zoning for the site limits the Project from achieving the Specific Plan’s desired goals. Therefore, proposed development standards were derived from assessing a combination of the zoning code and site plan elements in an effort to create a streamlined entitlement process for future development within Catana that is compatible with its surroundings and provides for the needs of future residents. Table 3-3 provides the standards for the residential Planning Areas 1 and 2, and Table 3-4 addresses Planning Area 3 standards.
3.1.2.A Residential Standards
Development standards for PA 1 and PA 2 have been developed separately to assure that the needs of each area is addressed. For PA 1, standards reflect the single family attached and detached product proposed. In order to achieve the pedestrian -scale, interconnected neighborhood that is sought for PA 1, front yard setbacks have been reduced to bring homes closer to the public realm, rather than setting them far back.
Since front yards will occur both on streets and on paseos, the traditional “front yard” setback is not appropriate. Because PA 1 will not be subdivided into individual lots, the traditional front, side and rear setbacks will not apply. Instead, distances have been calculated based on Project features, such as driveways, lanes and buildings.
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In PA 2, in order to assure the feasibility of the affordable housing product, building heights allow three story structures, and parking requirements are reduced. These reductions are generally consistent with the framework established in the City’s Housing Element for the Affordable Housing Overlay, and the higher densities applied elsewhere in the City, including in the Section 19 Specific Plan.
Table 3-3
Residential Development Standards
PA 1 PA 2
Minimum Parcel Size 25 ac. 3 ac.
Minimum Parcel Dimensions
East-west
North-south
980 feet
450 feet
270 feet
400 feet
Density 5-9/acre 28/acre
Units (max.) 210 95
Private Outdoor Living Space
(min.)
325 SF 60 SF
Common Open Space (min.) 20% 5,000 SF
Setbacks
Building to internal driveway 8 10
Building to parking lane 2 10
Distance between buildings (min.
feet):
Detached units
Attached units
Between apartment buildings
15 N/A
N/A
10 Buildings in PA 2 (min. feet)
To PA 1 and PA 3
To west boundary
N/A
N/A
10 20
Carports to property line N/A 5
PA 1 single story limitation (15
foot height limit)
From north property line
From east property line
45 feet
55 feet
N/A
N/A
Other Standards
Maximum Building Coverage 35% 35%
Maximum Building Height 25 feet 37 feet1
Carports N/A 15 feet
Unit Size (min.) 1,200 SF 600 SF
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Table 3-3
Residential Development Standards
PA 1 PA 2
Fences/Walls (max.) 6 ft.2 6 ft.
Parking
2 spaces in
garage3 + 0.5
guest4
1.25 spaces/unit,
min. 50%
carports
1In PA 2, an additional setback of 2 feet for every foot of building height is required from the west property line, consistent with Section 17.20.100 of the Municipal Code. No additional setbacks are required for the north, east and south property lines.
2 At the entry of Planning Area 1, monumentation in the form of wall extensions can extend above 6 feet and up to 14 feet, as long as the area above 6 feet is less than 500 square feet in total. See Section 3.2.2 below. 3Minimum garage size 400 SF.
4 Parallel parking spaces shall be minimum 24 feet and up to 26 feet in length, 9 feet in width, consistent with other City Specific Plans.
Where PA 1 and PA 2 abut the perimeter of the Specific Plan Area, the standards provided in Section 3.2 will also apply.
Permitted Projections in Setbacks
Projections including, but not limited to eaves, awnings, reveals, cornices, closets and storage spaces, flues and fireplaces, air conditioning units and pool equipment may encroach into side and rear setbacks by no more than 3 feet, if approved by the Fire Marshall. Carports must be set back 5 feet from a property line in PA 2.
3.1.2.B Commercial Development Standards
Planning Area 3 represents the public face of the Project and has the greatest potential to attract pass-by customers from Ramon Road. The development standards are tailored to allow both retail and office development, with buildings oriented to the street, to avoid large fields of parking visible from Ramon Road.
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Table 3-4
PA 3 Commercial Development Standards
Gross Lot Area 8 acres1
Lot Coverage (max) 35%
Building Setbacks
Ramon Road 25
Side (each) 20
Street Side (Rattler Road) 25
Rear 25
Distance between structures (min.) 20
Other Standards
Max. Height (feet) 282
Stories
Retail
Office
1 2
1 Total site area. Internal subdivision allowed, with cross-easements for access and parking.
2 50% limitation on mass at 28 feet. 24 feet average project-wide.
3.1.2.C Planning Area 3 Parking Requirements
Parking requirements in PA 3 are to be consistent with the requirements of Section
17.26, and will be determined based on proposed uses. Uses listed below are consistent with the uses permitted in Table 3-2. Should other uses be proposed and permitted in PA 3, the parking standards for that use shall be consistent with section
17.26, Table 3-6 of the Zoning Ordinance.
Table 3-5
Planning Area 3 Parking Requirements by Land Use
Land Use Type Vehicle Spaces Required
Assembly and Recreation
Child Care Centers (8 or more) 1 space for each 10 children, plus a permanent drop-off area as approved by the director.
Churches/Places of Worship
1 space for each 4 seats or 1 space for every 30
sq. ft. of gross assembly area, and may be
required for classrooms and meeting areas.
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Table 3-5
Planning Area 3 Parking Requirements by Land Use
Land Use Type Vehicle Spaces Required
Indoor amusement/entertainment centers
Arcades
Bowling alleys
1 space for each 200 sq. ft. of gross floor area.
4 spaces for each lane, plus required spaces for
ancillary uses.
Health/fitness clubs 1 space for each 200 sq. ft. of gross floor area.
Libraries, museums, art
galleries
1 space for each 250 sq. ft. of gross floor area,
plus 1 space for each official vehicle.
Membership organization
facilities, meeting halls,
performance theaters,
including auditoriums
1 space for each 3 seats, or 1 space for every 50
sq. ft. of gross assembly or viewing area, plus
ancillary uses (e.g., bar restaurant).
Outdoor commercial
recreation Determined by discretionary permit or approval.
Schools (public and private)
Elementary/Junior High
High School
Specialized Education and
Training
1 space for each classroom, plus 1 space for every
5 fixed seats or 35 sq. ft. of assembly area in an
auditorium.
5 spaces for each classroom, plus 1 space for
every 5 fixed seats or 35 sq. ft. of assembly area
in an auditorium.
1 space for every 50 sq. ft. of gross classroom floor
area.
Studios for art, dance, music,
photography, etc. 1 space for each 200 sq. ft. of gross floor area.
Retail Uses
Building materials, hardware
stores, and plant nurseries
1 space for each 250 sq. ft. of gross floor area, plus
1 space for each 1,000 sq. ft. of outdoor display
area.
Convenience stores 1 space for each 200 sq. ft. of gross floor area.
Restaurants, cafés, cafeterias,
nightclubs, bars, taverns,
lounges, or similar
establishments for the
consumption of food and
beverages on the premises
1 space for each 80 sq. ft. of gross floor area.
Retail stores
General merchandise
Appliance, furniture, and
bulk goods stores
1 space for each 250 sq. ft, of gross floor area.
1 space for each 500 sq. ft. of gross floor area.
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Table 3-5
Planning Area 3 Parking Requirements by Land Use
Land Use Type Vehicle Spaces Required
All other retail uses not listed
in table 1 for each 250 sq. ft. of gross floor area.
Service Uses
Banks and financial services 1 space for each 200 sq. ft. of gross floor area.
Business support 1 space for each 250 sq. ft. of gross floor area.
Equipment rental 1 space for each 300 sq. ft. of gross floor area, plus 1 space for each 1,000 sq. ft. of outdoor use area.
Hotels and motels 1.1 spaces for each guest room, plus required spaces for ancillary uses.
Medical services
Clinics, medical/dental
offices
Medical/dental labs
1 space for each 200 sq. ft. of gross floor area.
1 space for each 250 sq. ft. of gross floor area.
Offices, administrative,
corporate
1 space for each 250 sq. ft. of gross floor area for
the first 5,000 sq. ft. and 1 space for each 400 sq
ft. thereafter.
Pet grooming 1 space for each 400 sq. ft. of gross floor area.
Personal services
Barber/beauty shops (and
other personal services)
Dry cleaning
Laundromats, self-service
1 space for each 250 sq. ft. of gross floor area.
1 space for each 400 sq. ft. of gross floor area.
1 space for each 250 sq. ft. of gross floor area.
Repair and maintenance -
consumer products 1 space for each 250 sq. ft. of gross floor area.
Service stations 1 space for each 250 sq. ft. of gross floor area; plus 1 space for each pump island.
Self-service vehicle washing 3 spaces for each washing stall.
Full-service vehicle washing 10 spaces, plus 10 spaces for each wash lane, plus queuing area for 5 vehicles ahead of each lane.
Veterinarian clinics and animal
hospitals
1 space for each 250 sq. ft. of gross floor area, plus
1 space for each 800 sq. ft. of boarding area.
The parking standards also take into consideration the mixed -use nature of the Project by allowing for shared parking calculations. The City’s Zoning Ordinance allows shared parking based on methodology for calculating the peak demand over time for parking in a development of mixed uses using the same parking facilities in Section 17.26.050 . As buildings or groups of buildings are proposed within the 7-883
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Planning Area 3 parking will be calculated to reflect the uses proposed. If, for example, several retail shops, offices and a sit -down restaurant are proposed, that mix of uses may be able to share parking spaces, since retail or office space will be open during the day, and the restaurant will be busiest during the evening. Each development application will have the ability, using the City’s standards, to tailor its parking to best fit the use.
Loading spaces, parking space dimensions, drive aisle standards and other design requirements shall be implemented consistent with Section 17.26.070 of the Zoning Ordinance.
Electric vehicle charging stations shall be provided in each Planning Area per the requirement of State and local regulations.
Planning Area 3 shall incorporate bicycle racks in conformance with Section
17.26.100 of the City’s Municipal Code.
3.2. General Standards for All Planning Areas
3.2.1. Perimeter Setbacks and Treatments
Catana is bordered by streets on its east and south side, and by existing or future development on its north and west sides. Details of the dimensions and standards for perimeter streets and interior driveways and lanes are provided in Chapter 5. In order to provide sufficient buffering between the Specific Plan area and adjacent lands, the following perimeter standards shall apply:
¨ Ramon Road: Ramon Road is designated a Major Arterial by the City. A parkway of 32 feet from back -of-curb shall be provided along the Ramon Road frontage , which will include a meandering sidewalk which provides pedestrian access into Planning Area 3 at a minimum of 3 locations. The parkway shall be landscaped consistent with the requirements of Section 3.2.4. below. No wall shall be required if buildings form the outer limit of the parkway, or if a public plaza, patio or pedestrian access area occurs at the inner edge of the parkway. Decorative walls, no more than 36 inches in height, may be integrated into parkway landscaping to support berms or mounding, or to provide visual interest and monument signage.
¨ Rattler Road: Rattler Road is designated a Minor Collector by the City.
¨ The parkway along the east edge of Planning Area 3 shall be a minimum of 22 feet from back- of-curb, and will incorporate the existing sidewalk into its design. A wall, no more than 36 inches in height, may be provided along the inner edge of the parkway, but is not required if berming or hedges are integrated into the landscape plan for the parkway.
¨ The parkway along Planning Area 1 is allowed to vary from 22 to 25 feet from back-of-curb, and will incorporate the existing sidewalk. The parkway shall be landscaped consistent with the requirements of Section 3.2.4. below. Where wall location transitions from 22 to 25 feet at right angles, pilasters or other 7-884
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features shall be incorporated into the wall design. If undulation is provided for the wall, no pilasters are required. The perimeter wall will be integrated into the entry locations for Planning Area 1.
¨ West Boundary: The property on the west side of Catana is currently vacant, and is designated for Mixed Use development. The type of development that could occur there is unknown, but Catana has been designed to provide buffers to this property.
¨ Planning Area 1 : Where Planning Area 1 abuts the west boundary of the Specific Plan area, a minimum setback of 15 feet between the Catana property line and residential units will be provided . The setback must be landscaped, and can provide walkways to adjacent homes. A 6-foot high wall shall be provided on the property line.
¨ Planning Area 2 : Where Planning Area 2 abuts the west boundary of the Specific Plan area, the lesser of these two options shall apply:
¨ a minimum of 50 feet shall separate the apartment buildings from the western boundary line, or
¨ a distance equal to 20 feet plus 2 feet of setback for every foot of building over 20 feet in height, consistent with Section 17.20.100.
A 6-foot high wall shall be provided on the property line. A minimum of 10 feet of landscaping shall be provided along the western property line, within this setback area. Covered carports are excluded from the setback requirement, but cannot exceed 15 feet in height, not including the solar panels. 7-885
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WA LL
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EX.
R.0.W .
13" LAND SCAPE
EASEMENT
MINIM UM 10"
LAND SCAPE
EASEMENT
12'
EX. C URB
50"
38'
RATTLER ROAD
3-12
¨ Planning Area 3 : Where Planning Area 3 abuts the west boundary of the Specific Plan area, a minimum of 40 feet shall separate the commercial buildings from the western boundary line. A 6-foot high wall shall be provided on the property line. A minimum of 10 feet of landscaping shall be provided inside and adjacent to the western property wall, within this setback area.
¨ North Boundary: Planning Area 1 borders the site on its northern boundary. In this area, a minimum setback of 15 feet between the Catana property line and residential units will be provided. The setback must be landscaped, and can provide walkways to adjacent homes. A 6 foot wall shall be provided on the property line. Homes located along the north property line will be limited to one story and 17 feet in height if located adjacent to the northern property line. Given the grade differential between the high school property and Catana, all measurements of height will be from Catana’s finished grade.
3.2.2. Walls and Fences
¨ Unless required for a specific screening or security purpose, walls should not be used within Planning Area 3 . Walls shall be kept as low as possible while still performing their screening or security function . The maximum permitted wall height is 6 feet.
¨ In Planning Area 1, walls above 6 feet are allowed at the entry gate as architectural monumentation, up to a height of 14 feet, as long as the total area above 6 feet does not exceed 500 square feet. This exception is only allowed at the primary entry drive on Rattler Road, and is illustrated below.
¨ Chain link fencing is prohibited, except during construction of any Planning Area or portion of a Planning Area.
¨ Perimeter walls may be constructed of wrought iron or tubular steel, decorative concrete block, split-face block or stucco. Wood fences are not permitted on the perimeter of any Planning Area.
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¨ Interior walls and fences can be constructed of decorative or painted concrete block, split-faced block, composite, wood or vinyl fencing, as long as they are not visible from a public street.
¨ The design and architecture of all walls, retaining walls, and fences shall reinforce the City’s desert character by the use of natural looking materials which can be expected to withstand the extremes of the desert climate.
¨ Walls design shall be compatible with the architectural character of the primary structures and the surrounding area. Building colors shall harmonize with surface materials, and shall implement and complement the project or development overall design program.
¨ Long expanses of wall surface shall be offset and architecturally designed to avoid monotony. Pilasters shall be provided at regular intervals consistent with the length and scale of the wall but at a minimum of every fifty (50) feet.
¨ Retaining walls of more than 120 square feet shall be constructed of finished decorative material which is compatible with the project architecture.
3.2.3. Screening and Buffering
Screening is a technique used to protect and separate uses and site functions from one another for the purpose of decreasing adverse visual impacts and to provide privacy. The following standards shall apply to screening and buffering:
¨ Where screening is required, a combination of elements should be considered; including, solid masonry walls, berms, and landscaping.
¨ Ancillary structures and service areas such as trash enclosures (PA 2 and 3) or loading areas (PA 3) shall be screened from public streets and adjacent properties through a combination of trash enclosures and landscaping.
¨ Electrical meters and transformers, telephone junction boxes, traffic control panels, and other above ground utility equipment should be screened from public view. Newly installed utility lines are required to be placed underground.
3.2.4. Landscaping
Landscape plans will be designed to be consistent with the water conservation in the Landscaping Act of 2006 (AB 1881) and executive order B-2915 as adopted by the Coachella Valley Water District.
Landscaping design plans shall be in harmony with the surrounding desert environment and e mphasize the use of drought tolerant plant materials, including desert plants, and feature varying textures of inorganic groundcover. 7-887
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Landscape plans will generally conform to the City’s development standards contained in Section 17.24.040 of the Municipal Code. However, because of the unique product type proposed in both PA 1 and PA 2, the standards for single family lots will not apply . Instead, the sizes of the plant materials in PA 1 and PA 2 shall conform to the following minimum mix:
Table 3-6
Minimum Size and Mix of Landscaping
PA 1 PA 2 and PA 3
Trees
30% 36-inch box and
50% 24-inch box and
20% 15-gallon
Shrubs 60% 5-gallon and 40% 1-gallon
Groundcover 10% coverage within 1 year
Trees in 36-inch boxes or larger shall be provided in sufficient quantity, subject to the approval of the Director of Development Services , to provide variety and emphasis at entrances and focal areas
within the project.
In PA 1, landscaping will be distributed
throughout the community rather than
on individual lots, as would be typical in
a traditional single family home
neighborhood, as shown in Figure 3 -1,
focusing landscaping to assure a lush and
shaded environment, and community
cohesion.
All landscaping areas shall be watered by
a City- approved automatic irrigation
systems. Only efficient, water conserving
state of the art irrigation systems shall be
used, in compliance with the Zoning
Ordinance.
The landscaping plant palette for Catana
has been developed specifically for the
Specific Plan, in order to assure that the
entire site presents a unified and
cohesive appearance, whether on Ramon
Road, Rattler Road or within each
Planning Area.
Figure 3-1
Typical Tree Distribution, PA 1
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TYPICA L TREE PLANTING PLAN - 1 "= 30'
CB 15GAL. TREE -20%
Co 24· BOX TREE - 50%
~ 36"BOXTREE-30%
l O SINGLE FAMI LY RESIDENCE - 30 TREES PER COD E
~
15 GAL TREE - 20%
24" BOX TREE - 50%
36" BOX TREE - 30%
QUANTITIES
6 TREES
15 TREES
9TREES
JO TREES TOTAL
3-15
Table 3-7
Specific Plan Landscape Palette
Botanical Name Common Name
Palms
Chamerops Humilis Mediterranean Fan Palm
Phoenix Dactylifera Date Palm
Washingtonia Filifera California Fan Palm
Trachycarpus Fortunei Windmill Palm
Dracaena Draco Dragon Tree
Trees
Acacia Smallii Sweet Acacia
Acacia Stenophylla Shoestring Acacia
Brachyciton Populneus Bottle Tree
Callistemon Viminalis Weeping Bottlebrush
Cercidium "Desert Museum" Palo Verde
Chilopsis Linearis Desert Willow
Chorisia Speciosa Silk Floss Tree
Geijera Parviflora Australian Willow
Olea Europaea Olive
Olneya Tesota Desert Ironwood
Lagerstroemia Indica Crape Myrtle
Melaleuca Quinquenervia Cajeput Tree
Pinus Eldarica Mondell Pine
Prosopis Chilensis Thornless Mesquite
Prunus Cerasifera “Krauter Vesuvius” Purple-Leaf Plum
Quercus Virginiana “Heritage” Southern Live Oak
Rhus Lancea African Sumac
Ulmus Parvifolia “Drake” Evergreen Elm
Columnar Trees
Cupressus Sempervirens Italian Cypress
Juniperus Scopulorum Rocky Mountain Juniper
Laurus Nobilis Bay Laurel
Podocarpus Macrophyllus Yew Pine
Shrubs / Succulents Perennials
Agave Americana Century Plant
Agave Bracteosa Spider Agave
Agave Vilmoriniana Octopus Agave
Aloe “Blue Elf” Blue Elf Aloe
Bougainvillea Species Bougainvillea
Calliandra Californica Baja Fairy Duster
Caesalpinia Pulcherrima Red Bird Of Paradise
Callistemon 'Little John' Dwarf Bottlebrush
Dasylirion Wheeleri Desert Spoon
Echinocactus Grusonii Golden Barrel
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Table 3-7
Specific Plan Landscape Palette
Botanical Name Common Name
Fouquieria Splendens Ocotillo
Hemerocallis Hybrids Daylily
Hesperaloe Parviflora Red Yucca
Ilex Vomoitoria “Stokes Dwarf” Dwarf Yaupon
Justicia Californica Chuparosa
Lantana Species Lantana
Leucophyllum Frutescens Texas Ranger
Leucophyllum Laevigatum Chihuahuan Sage
Myrtus Communis True Myrtle
Nandina Domestica Heavenly Bamboo
Olea "Little Ollie" Dwarf Olive
Penstemon Eatonii Firecracker Penstemon
Photinia X Fraseri Photinia
Rhaphiolepis Indica India Hawthorn
Rosmarinus Officinalis Rosemary
Ruellia Peninsularis Desert Ruellia
Tecoma Stans Yellow Trumpet Flower
Yucca Filamentosa 'Golden Sword' Adam's Needle
Yucca Species Yucca Yucca
Grasses
Calamagrostis 'Karl Foerster' Feather Reed Grass
Muhlenbergia C. "Regal Mist" Pink Muhly
Muhlenbergia Rigens Deer Grass
Pennisetum Setaceum 'Rubrum' Red Fountain Grass
Groundcovers
Acacia R. "Desert Carpet" Trailing Acacia
Convolvulus Mauritanicus Ground Morning Glory
Dalea Capitata Sierra Gold Dalea
Lantana Montevidensis Trailing Lantana
Myoporum Parvifolium Prostrate Myoporum
Oenothera Berlandieri Mexican Evening Primrose
Rosmarinus O. “Prostratus” Prostrate Rosemary
Teucrium Chamaedrys 'Prostratum' Creeping Germander
Vines
Bougainvillea Species Bougainvillea
Clytostoma Callistegioides Violet Trumpet Vine
Lonicera Japonica 'Halliana' Hall's Honeysuckle
Macfadyena Unguis-Cati Cat's Claw
Parthenocissus Tricuspidata Boston Ivy
Rosa Banksiae Lady Banks' Rose
Wisteria Floribunda Japanese Wisteria
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Figure 3-2
Representative Plants
7-891
CALAMAGROSTIS 'KARL FOERSTER'
(FEATHER REED GRASS)
catana
BOUGAINVILLEA SPECIES (BOUGAINVILLEA)
LEUCOPHYLLUM LAEVIGATUM
(CHIHUAHUAN SAGE)
OENETHERA BERLANDIERI
(MEXICAN EVENING PRIMROSE)
3-18
3.2.5. Project Entries and Hardscapes
¨ Entries shall reinforce the design layout of adjoining development by feature paving materials, accent trees and shrubs.
¨ Accent trees and vegetation shall be used as identity plantings at major entries to highlight key features such as entry monument signs or hardscape elements.
¨ Project entry crosswalks shall be highlighted by a band of interlocking pavers a minimum of fifteen (15) feet in width.
¨ Project Entry statements consisting of hardscape elements may include, but shall not be limited to:
¨ Enhanced landscaping treatment
¨ Enhanced monument signage
¨ Boulder groupings
¨ Decorative entryway
¨ Stamped concrete or pavers
¨ Berming/low decorative wall
¨ Commercial buildings in Planning Area 3 shall include a hardscape element which creates a focus for the building and creates a usable public open space amenity such as a plaza, outdoor eating or seating area, courtyard or arbor facility.
¨ Hardscape elements shall be used in coordination with the architecture and landscaping to provide a connection between the street edge and each Planning Area.
¨ Materials used in the construction of common area furniture shall complement architectural materials used on adjacent buildings and shall be of a common design. Trash receptacles and other minor details shall also relate to the architectural style of the buildings. Plastic and materials such as fiberglass are not allowed.
¨ Enhanced landscaping shall be used at plazas and courtyards to create focal points along pedestrian areas and to enhance views from building windows.
3.2.6. Lighting
Lighting is an essential element of all development and will be applied to points of access and parking, landscaping enhancements, walkway and stairway illumination, monuments and signs, and security. All development within Catana is subject to the outdoor lighting requirements and restrictions set forth in Chapter 4 Design Guidelines. Lighting will be subject to performance standards provided in Section
17.18.050 and will adhere to the following principles.
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¨ Lighting shall not blink, flash, or be of unusually high intensity, frequency or brightness.
¨ Parking lot lighting and/or security lighting, when affixed to individual poles or affixed to any structure on site, shall not exceed a height of eighteen (18) feet above the parking area surface.
¨ Security or accent lighting for single-family residences shall be shielded to project downward or in a manner that the light is directed away from streets and adjoining properties.
¨ Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are confined within the boundaries of the Planning Area.
3.2.7. Signage
All signage will be located in a manner that provides optimal efficacy of the overall signage program balancing the need for identification and wayfinding.
Signage will comply with Section 17.28 of the City’s Zoning Ordinance and the building code in effect at the time that the signage is constructed, except where set forth below. In the event of conflicts between this Specific Plan and the Zoning Ordinance, the Specific Plan shall take precedence.
Each Planning Area shall prepare a sign program for review and approval by the City.
Materials
¨ All signs, except those otherwise permitted as temporary signs shall be permanent in nature and shall reflect the architectural design of structures and natural features of the site with which they are associated by containing unifying features and materials.
¨ Materials shall be selected to contribute to legibility and design integrity.
¨ Monument signs will be designed of the same materials and in the same style as the Planning Area structures in which they occur.
¨ Monument signs must be placed in landscaped areas that complement the monument.
¨ Individual channel letters, including reverse channel letters and raised letters within cabinet signs are permitted in Planning Area 3.
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4. DESIGN GUIDELINES
This section provides the overarching design guidelines and principles of the Catana Specific Plan to ensure the development of a high-quality, well-designed residential and commercial project while allowing for variation and flexibility. The development standards in Chapter 3 Development Standards are considered prescriptive and quantitative, while the design guidelines in this Chapter are more discretionary and qualitative. The intent of these design guidelines is to assist developers and designers in understanding the Specific Plan's goals and objectives for quality development.
Specifically, the design guidelines and principles are crafted to:
¨ Express and describe the desired community character called for in the Specific Plan design guidelines.
¨ Provide design criteria and standards for developers, engineers, architects, landscape architects and other professionals in preparing development and construction plans, and;
¨ Lend guidance to City staff, the Planning Commission , and City Council in reviewing and evaluating future development projects within the Specific Plan area.
If the design guidelines in this document do not directly address a specific condition, City staff and the relevant commissions and boards will use these principles to determine the appropriateness of proposed plans and architectural designs.
The following design guidelines provide general design criteria and guidance with the goal of promoting visual compatibility while allowing for individuality and architectural diversity.
Chapter 4
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4.1. Architectural Design Guidelines
Quality building design is determined by a wide range of considerations, including function and safety, sustainability, context sensitive design , diversity in facade and roof design, and a variety of surface texture and color.
4.1.1. Architectural Theme
A key feature of the Specific Plan is the creation of a coherent architectural style that reflects a Desert Modern theme, which blends contemporary and Mid-Century styles.
Buildings must have clean lines, play off horizontal and vertical planes, and incorporate natural materials. Buildings will incorporate innovative and creative designs such as asymmetric facades and a mix of materials including stucco, stone, masonry, or wood paneling as determined through separate Design Review applications.
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Sustainability and energy efficiency are common themes throughout the Coachella Valley and encouraged throughout the Catana Specific Plan. Green building techniques shall be used for the construction and operation of all buildings and uses within the Specific Plan. Passive solar design such as the use of shade structures , building orientation, r oof overhangs, supplemental shading, and strategic glazing ratios shall be utilized for all buildings and/or planned outdoor spaces in the Specific Plan. Materials shall be chosen for resiliency as much as for aesthetics. As technology continues to expand and improve, solar energy can be harnessed to lower the energy demand of the Project. Active solar panel design will also be required in compliance with California Title 24 Building Code.
4.1.2. Articulation and Massing
The Specific Plan allows for residential and commercial development where careful attention to appropriate building height, scale, massing, and articulation will be essential to creating space and promoting a walkable mixed-use neighborhood.
The Specific Plan area enjoys views of the surrounding San Bernardino, San Jacinto and San Jacinto Mountain ranges, thus a sensitivity to existing neighbors and structural design is required . As building heights within the Specific Plan generally exceed those allowed in the surrounding area (see Chapter 3 Development Standards), it is essential that architectural elements and building components be varied to reduce the overall perception of mass, resulting in graduated frontages that allow generous view corridors. Visual simulations or sightline studies will be provided with the submittal of Development Permits for each Planning Area.
Planning Areas 1 and 3 allow up to two -story structures and Planning Area 2 allows up to three-stories. To reduce the visual impact of two-story structures, architects may consider a partial second-story design, for instance, a pop up. A pop up will not introduce significant volume or bulk, thereby avoiding potential impact to sunlight the streetscape, and mountain viewsheds.
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All development within the Specific Plan area shall use the following guidance related to articulation and massing to create visual interest and maintain an engaging pedestrian environment:
¨ Varied and articulated wall facades, variations in height and rooflines, and architectural detailing consistent with the architectural style are required. Walls should have breaks, recesses, and offsets, especially at entries and important intersections.
¨ A variety of building heights and rooflines is encouraged to create visual interest.
¨ Buildings should be divided into distinct massing elements. Building massing includes wall plan location, wall heights, and roof levels. Garages should be designed as an integral part of the architecture of the development, and should use the same materials, colors and details found on the principal buildings of the development.
¨ Architecture should be sensitive to visual impacts of building mass and consider partial second-story designs, such as pop ups.
¨ All exterior wall elevations that are visible to the public have architectural treatments to alleviate flat, void surfaces in combination with pronounced faceting techniques. Buildings setbacks shall also be varied, where appropriate, and the use of pop -out and recessed features should be used to avoid square, flat silhouettes. This is highly recommended for potential apartment buildings.
¨ Buildings greater than 25 feet in height shall provide variation with elements such as awnings, fenestration, balconies, roof overhangs, or trellises to create interesting patterns and provide additional shade.
¨ Long horizontal rooflines on buildings with flat or low -pitched roofs should be articulated at least every 50 feet along the street frontage, particularly along Ramon Road.
4.1.3. Building Materials
Attention to appropriate building materials and textures combined with the architectural theme is one of the most important contributors to defining the character of a building or area. Materials should be of high quality and detail to provide visual interest and should suggest durability and permanence to last into the future.
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Elements of mid-century modern design include clean lines, a combination of natural and manmade materials, graphic shapes, vibrant colors, and integrating indoor and outdoor motifs. Building materials will incorporate both color and texture. If the building’s exterior design is highly articulated, the wall texture should be simple and subdued. However, if the building design is simple, a finely textured material should be used to enrich the building’s overall character. All materials shall be coated or treated accordingly to withstand the hot, dry desert climate.
General guidelines for building and design materials are as follows:
¨ Durable, high quality exterior building materials that give a feeling of permanence and quality are strongly encouraged.
¨ Colors, textures, and materials should be appropriate for the desert environment.
Natural, rugged materials that complement the surrounding natural environment and can withstand the harsh desert climate should be used.
¨ Colors should include a base color and accent colors. Generally, a minimum of three colors should be used for each building. Color schemes should be selected with a harmonious range of accent materials and roof profile colors.
¨ Designers shall carefully consider the effects and maintenance challenges associated with texture to assure that it complements the overall design while being compatible with other building materials and not requiring undue maintenance.
¨ Non-glazed building surfaces and finishes may produce reflection and glare if shiny or highly reflective materials are used. Building surfaces should be a matte finish and must complement or integrate well with the surrounding viewshed.
¨ Use of exposed wood should be kept to a minimum and if used should be properly finished and stained rather than painted to assure maximum life of the coating in the desert environment.
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Building materials that are encouraged
on facades as primary materials
include:
¨ stucco or plaster
¨ cultured stone
¨ tile
¨ fiber cement
¨ steel sheets or corrugated
steel
¨ painted or stained wood
siding or trim
¨ wood, metal, fiberglass and
glass doors
¨ Wood, metal or vinyl frames
for windows and doors.
Building materials that are prohibited on
facades include:
¨ plywood
¨ unfinished lumber
¨ vinyl or aluminum siding
¨ aluminum
¨ reflective materials
¨ chain link fencing
4.1.4. Walls and Fences
The Specific Plan envisions two complementary residential neighborhoods with perimeters consisting of fencing or walls on a minimum of three sides . Gated communities are encouraged, but not required.
¨ To fit in the architectural style and theme of the neighborhood, walls shall be constructed of grey, beige or white block (e.g. split faced block or precision block).
Fences may be constructed of wrought iron or tubular steel. Composite or vinyl fencing is only allowed for interior walls which are not visible from a public street.
Glass fencing is permitted in pool areas. Chain link fencing is prohibited.
¨ Walls and fences shall not be allowed to exceed 6 feet in height, as measured from finished grade.
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¨ Community fences (which are
partially solid and see -through
material such as wrought
iron/tubular steel) provide a visually
attractive alternative to solid walls
and fences. They allow for safety and
privacy while preserving views and
creating a more visua lly appealing
neighborhood.
¨ Long, monotonous walls are to be
avoided. Walls shall have breaks,
recesses, and offsets, especially at
entries and project edges.
Landscaping shall be used to soften the visual appearance of walls and fences.
¨ Fences may be allowed for certain public open spaces as needed, such as dog parks and other recreational spaces. Other public open spaces are encouraged to maintain an open and welcoming setting.
4.1.5. Mechanical Equipment, Screening, and Utilities
¨ Any outdoor equipment, whether on a roof, side of a structure, or on the ground, should be appropriately screened from view. The method of screening should be architecturally integrated with the adjacent structure in terms of materials, color, shape, and size.
¨ Utility service areas, such as electrical panels, should be placed within enclosures that are architecturally integrated into the building design.
¨ A combination of elements may be used for screening, including walls complementary to the project’s architectural style, berms, and landscaping as deemed acceptable by the Planning Division.
4.2. Landscape Design Guidelines
Landscape guidelines establish integrated and cohesive landscape design tools and guidelines responsive to the urban context and environmental conditions of the Project area. Landscaping plans will be subject to the City Zoning Code, Chapter
17.24 “Landscaping Standards.” As previously discussed under Chapter 3 Development Standards, all setbacks must be landscaped.
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Development within the Specific Plan shall use the following guidance related to landscaping:
¨ Landscaping should be used to help define outdoor spaces, soften a structures appearance, and to screen parking, loading, storage, and equipment areas.
¨ All landscaping shall utilize xeriscape practices in recognition of the desert climate.
Live turf shall be limited to 10% of each planning area. Artificial turf is permitted within the project; however, it is not permitted in Planning Area 3.
¨ Establish or enhance visual order of streetscapes, building perimeter landscaping and common open space areas.
¨ Avoid over- spray from automatic irrigation systems. Automatic drip irrigation systems shall not produce over-spray on surfaces outside the planting area.
¨ All landscaping shall be maintained in a healthy and attractive state and shall be watered, weeded, generally maintained, and replaced (if necessary) by the property manager.
¨ Enhanced paving treatments shall be used for major entries into the site and intersections to highlight key areas of the streetscape. Such treatments shall be located at building entryways, open space areas and courtyards, pedestrian approaches to buildings, on-site crosswalks and driveways.
¨ Materials used in the construction of street furniture shall complement architectural materials used on adjacent buildings. Plastic and materials such as fiberglass are not allowed.
The plant palette will feature a variety of trees, palms, shrubs, groundcovers and vines featuring desert compatible species. Inert materials and decorative pavers will also be used to compliment natural vegetation. Please see Table 3-5 Specific Plan Landscape Palette and Figure 3 -2 Representative Plants of this Specific Plan for details.
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The irrigation system will be computer controlled and extremely water efficient. All shrub beds will be irrigated by drip irrigation emitters and trees will be irrigated on zones separate from the shrubs. The water use calculations for this system will be prepared and submitted per Coachella Valley Water District’s irrigation design requirements. Water efficient landscaping and water efficient automatic irrigation systems shall be provided for each Planning Area. The landscaping and irrigation plans and sy stem shall comply with all City ordinances relating to water efficiency and shall be an automatic system with an irrigation timer and two drip or bubbler heads per tree to produce deep root irrigation.
Landscape lighting will include tree and shrub up lights, path lights, and step lights.
All lighting will be low voltage and have low maintenance LED fixtures. The selective use of uplights will limit their numbers to only high-profile specimen tree and shrubs.
The lights will be angled to reduce glare and hot spots. The goal is to showcase the lighted element and not the light source.
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4.3. Site Design Guidelines
Each Planning Area shall be designed to provide convenient, non -motorized circulation throughout the site to connect residences to community open space and facilities. Pedestrian access may include a network of sidewalks and paths adjacent or within proximity to residential units and open areas. General guidelines for site design are as follows:
¨ Buildings should emphasize pedestrian access and connections to sidewalks and other pedestrian spaces.
¨ Pedestrian access from public sidewalks to the on -site pedestrian circulation system should be easily identifiable.
¨ Buildings should be configured and oriented to create small - to medium-scale open spaces, including shaded gathering spaces.
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4.3.1. Streetscapes and Pedestrian Paseos
The streetscapes and paseos withing Planning Areas 1 and 2 are intended to provide convenient circulation around the neighborhood, support non-motorized access, and connect residences to community open space and facilities. Plan -wide pedestrian access is realized through a network of sidewalks and paseos adjacent or within close proximity to homes and common areas. Development of Planning Area 3 should be uniform with respect to building frontage and consider vehicular access, parking, loading zones, utilities, screening, lighting, and provide convenient pedestrian access from Ramon Road, and Planning Areas 1 and 2.
The following characteristics and design features should be incorporated into the future design and configuration of streetscapes and paseos:
¨ Promoting walkability by providing pedestrian linkages between common spaces, parking areas, and adjacent planning areas.
¨ Pedestrian-oriented providing physical separation from streets and drive aisles using bike lanes and landscaping.
¨ Utilize structures and trees to provide shade for pedestrians, soften and frame the streets and paseos, and define the public space.
¨ Pedestrian amenities such as appropriate wayfinding signage, street furniture, landscaping and pedestrian-scale lighting.
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4.3.2. Common Areas
The open space and recreational amenities for the
residential communities may include pool/spas,
parks, dog parks, playgrounds, picnic areas,
paseos and open retention areas , designed to
accommodate various needs and activity levels
through their easy access, convenient connection
to homes, and thoughtful designs. The open
areas are designed with an intricate arrangement
of functional and ornamental elements: plants
and structures for shade and decoration; lawns,
paths, and seating areas.
The use of on -site pedestrian amenities, such as seating areas, firepits, pool area furniture, lighting, and trash receptacles, is encouraged. The elements should be provided in conjunction with on-site open spaces and be integrated into the site plan as primary features. Outdoor open spaces shall be designed to enhance the site and/or building as a place for pedestrians.
Planning Area 3 will emphasize the use of public gatherings spaces such as plazas, patios, and shaded seating areas . Walkways to public gathering spaces connecting pedestrians along Ramon Road and to/from Planning Areas 1 and 2 will be provided that are separated from vehicular movement and clearly marked for pedestrian safety. Interesting and interactive plaza art is also encouraged, such as water fountains (consistent with the City’s water conservation standards) or sculptures with bench seating.
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Planning Area 1
Amenities may include:
¨ Community pools and
spas
¨ Tot lots, playgrounds
¨ Clubhouse
¨ Gym
¨ BBQ areas
¨ Picnic areas
¨ Passive open space
¨ Parks & dog parks
Planning Area 2
Amenities may include:
¨ Splash pads
¨ Tot lots,
playgrounds
¨ BBQ areas
¨ Picnic areas
¨ Parks
¨ Passive open space
Planning Area 3
Amenities may include:
¨ Shaded gathering
areas
¨ Outdoor dining
¨ Public space
furniture
¨ Pedestrian and
bicycle access
4.3.3. Signage
To ensure a cohesive design, each Planning Area will have a cohesive signage program using materials consistent with the overall Project material palette and in keeping with the modern theme established in this Specific Plan (see section 3.2.7 Signage).
All signage will be located in a manner that provides optimal efficacy of the overall signage program balancing the need for identification and wayfinding. Care shall be exercised to minimize the overuse of signage and thus reduce visual clutter around each Planning Area.
Entryway signage shall provide a combination of the following accent features shall be incorporated into a project entry drive:
¨ Ornamental landscaping
¨ Architectural monuments
¨ Decorative walls
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For signage lighting, cast surfaces or additive content shall be face illuminated from concealed sources. Laser or otherwise cut narrative content shall be illuminated from behind the material from which the content was subtracted.
4.3.4. On-Site Lighting
Lighting is used to both enhance security and to highlight architectural or landscape details and features such as entries, signs, canopies, and landscaping. Community standard lighting fixtures will be low voltage and low maintenance LED fixtures designed to human scale.
Entryways, mailboxes areas, shade structures, pedestrian pathways, and parks will be equipped with lighting fixtures. All development within the Specific Plan area shall consider the following guidance related to building lighting:
¨ Lighting is integral to building design and should be efficient, attractive, and durable.
¨ Provide site lighting that is functional; fixtures shall shine the least obtrusive amount of light but be bright enough for people to perform activities and to illuminate building address numbers.
¨ Exterior lighting should be designed as a part of the architectural and landscape concepts of the project.
¨ Provide well-designed, energy efficient, architectural and landscape lighting that contributes to a safe and inviting atmosphere without casting light into the night sky, adjacent properties, or sensitive habitat areas.
¨ Lighting shall be used only for the functional requirements of safety, security, and identification.
¨ Unnecessary lighting is prohibited in the interest of energy. 7-907
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¨ All glare shall be directed onto the site and away from adjacent properties.
¨ Flashing lights are prohibited.
¨ The neighborhood entry and mailbox areas, shade structures and parks will be equipped with lighting fixtures.
¨ Selective use of up lights may be applied only on high -profile accent tree and shrubs.
¨ Architectural lighting shall not be visually apparent during the daytime.
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5. INFRASTRUCTURE
The Catana Specific Plan occurs in the northern portion of Rancho Mirage, with areas to the south and west being predominantly developed, and undeveloped lands occurring to the east. The Specific Plan area is bound by Ramon Road, a major arterial road, to the south, and Ratter Road to the east. The subject site is immediately south of Rancho Mirage High School, which is also accessed via Rattler Road. Given these surrounding facilities, most infrastructure, including water, sewer, and utilities, are in plac e in the area. Likewise, the Ramon Road and Rattler Road rights-of-way (ROWs) are already established. With implementation of the Specific Plan, improvements to the existing streets will be provided, as well as on -site utility extensions to service the development. The following section provides a detailed description of all existing and proposed infrastructure for the Project.
5.1. Circulation
The Specific Plan area is located on the northwestern corner of the intersection of Ramon Road and Rattler Road. Planning Area 1 will have one full access driveway along Rattler Road and resident-only access at the northeast and southwest corners of the PA. There are two emergency access points in PA 1: at the northeast and southeast corners of the site. Planning Area 3 will have one full access driveway along Rattler Road, and two access points along Ramon Road: one right-in-right-out main entry, and one shared right -in-right-out-left-in at the western driveway . Planning Area 2 will be accessed from Ramon Road, via the western driveway that will also connect to the other two planning areas. None of the proposed Project entry/exits will be signalized. Access points are shown in Figure 5-1. Street sections for Specific Plan boundary roads and internal driveways are provided in Exhibit 5.
Chapter 5
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Figure 5-1
Planning Area Access Points
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• PA 1 Emergency Access
~ PA 1 Access Points
~ PA 2 A~ess Points
~ PA 3 Access Points
~ Access Points for All PAs I 'JE..: L 11
~ ~ ~~ ~ ~ ~
/-~~ ~ ~ ~
5-3
5.1.1 External Roads
The right-of-way for Ramon Road and Rattler Road is already established. The existing conditions and proposed improvements for the two roadways are as follows:
¨ Ramon Road: Ramon Road is designated by the City as a Major Arterial. It already occurs at the full buildout width with a 120-foot right of way, including a six-lane divided roadway and bicycle lane s on each side. A meandering sidewalk also occurs on both sides of Ramon Road.
• The Specific Plan proposes the addition of landscaping along the existing sidewalk, providing a parkway of 32 feet from back- of-curb.
Improvements are also proposed to provide turn lanes into the Project access points.
¨ Rattler Road: Rattler Road is designated as a Major Collector by the City. Per the designation, the ROW is 100-feet wide, with two lanes divided by a striped median. A meandering sidewalk also exists on the Project side of Rattler Road.
The Specific Plan proposes landscaping and a staggered perimeter wall along the Rattler Road frontage. As stated in Section 3.2.1 of this document, the perimeter will result in the parkway varying in width from 10 to 13 feet from back-of curb. The parkway will incorporate the existing sidewalk.
Figure 5-2
Rattler Road Landscaped Parkway
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R.O.W.
13' LANDSCAPE
EASEMENT
MINIMUM 10'
LANDSCAPE
EASEMENT
12'
catana
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EX. CURB
RATTLER ROAD
5-4
5.1.2 Internal Roads
Internal circulation will be provided by a network of private roads connecting to the five Project access points. These internal drives will also serve as emergency access routes within the Project. Four classes of internal drives are described below (see also Exhibit 5.1.1):
West access: The west access driveway, which extends from Ramon Road to Planning Area 2 and Planning Area 1, will be a 46-foot ROW, comprised of a 36-foot roadway and 5-feet of landscaped parkway on each side.
Figure 5-3
West Access
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-1 - ------J ~ ---- 36' ----- ,i"---------a -
-- ------ 48' -------- ~
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PA 1 driveway with parking on both sides: Where parking occurs on both sides of the drive in Planning Area 1, the ROW will be 46 -feet. It will include a 28 -foot roadway and 9-foot parking lane on each side. Parallel parking stalls will be a minimum of 24 feet long.
Parking bump -outs will provide space for landscaping while serving a speed moderating purpose. The speed limit on internal drives is 25 miles per hour.
Figure 5-4
PA 1 Driveway, Parking on 2 Sides
Figure 5-5
PA 1 Driveway Plan View
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RES.
10' 4'
6' -I
9'
1 6'-
I 9•
- -------- ~ ---1-----1-
28' 4' 9'-8"
5-6
PA 1 driveway with parking on one side: The ROW will total 37-feet in Planning Area 1 where parking is provided on only one side of the drive. This includes a 28- foot roadway and 9-foot-wide parking lane.
As described above, parking bump -outs will be provided on one side, to define the parallel parking areas.
Figure 5-6
PA 1 Driveway, Parking on 1 Side
Figure 5-7
PA 1 Driveway Plan View (1 side parking)
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- - 6'- f
10' 4' 9' 28' 6' 4' 11'
5-7
PA 1 lanes: All houses in Planning Area 1 will be rear- or side-loaded Parking will be provided via garages located at the back of each unit and accessed via lanes.
Lanes will include a 30 -feet ROW, with 24- feet of roadway and 3 feet for garage access on each side. No parking will be allowed on these lanes.
Figure 5-8
PA 1 Lanes
Figure 5-9
PA 1 Lane Plan View
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GARAGE GARAGE
3'
7-916
Ramon Road - Major Arterial
120'
-------60'--------.l--.-------60'-------i
landscape • • landscape
25• 7• 53• I 53• 7• 25•
n easment n
1 , easment n
~ b I ' r:::J £
Rattler Road - Major Collector
100'
1-4---------50'-------++-o------- 50'-----------..i
13' 12'-~----- ' landscape 38 _____ __.,.,.+-1 .. 1-------38' "'I"' 12' easment .
i +- wall b n Ci r:::J
6' height
1_3' _ I
landscape!
easment n
wall-+ £
6' height
Planning Area 1 - Parking on Two Sides Planning Area 1 - Parking on One Side F ~· ~: 37•
9' • • 28' ► ◄ 9' 9' • • 28'
"arking I I Parkin~ I Parking l;============:=======================:::.] ...J
Planning Area 1 - Alley
~ ~ ~ 3T 24•
1 3.
Source: McKellar McGowan Holdings, LLC, 01.12.2023
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~ ~TERRANOVA
®
PLANNING & RESEARCH, INC.
West Access
[ 5' ► ◄ 36' ► • 5'
------------- 46' ~
t:rkway ! / PaOOV:
Catana Specific Plan
Street Sections
Rancho Mirage, California
01.25.24 Exhibit
~
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5.1.3 Paseos and Sidewalks
Catana is designed to allow internal and external pedestrian, bike and golf cart travel both within and between Planning Areas and surrounding uses, as shown in Figure 5-
3. Within each planning area, paseos and sidewalks are included to allow residents to walk or bike safely, and to access common area recreation.
In Planning Area 1, interior paseos have been integrated into the site planning, by orienting some of the central units onto the paseos, rather than onto a driveway.
There are two east -west paseos that provide a community- wide amenity, while orienting homes’ front patios onto a heavily landscaped walkway with seating areas and connections to the clubhouse and pool. The paseos will increase the sense of community for residents, and enhance the living environment by providing views onto a landscaped park-like environment.
Alternative transportation is also provided to the public realm from Catana. The project is adjacent to Rancho Mirage High School, and students, teachers and staff are likely to reside at Catana. By providing interior and exterior pathways, they can walk or bike to school, or even use a golf cart or NEV.
In addition, Sunline Transit provides service on Ramon Road, adjacent to Catana. It is important that Catana’s residents safely travel through and out of the project, whether walking or biking
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Figure 5-10
Pedestrian Pathways
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5.2. Water
Potable water for domestic and other uses is provided within the Specific Plan area by the Coachella Valley Water District (CVWD). The proposed Project will connect to the existing 18-inch water lines located in the Ramon Road and Rattler Road right of ways.
Drip irrigation will be provided to the Project and will connect to the proposed on-site water line extension.
5.3. Sanitary Sewer
Sanitary sewer facilities are provided to the Specific Plan area by CVWD. The Project will connect to the existing sewer lines located in the Ramon Road and Rattler Road right of ways.
CVWD also provides wastewater treatment services to the Specific Plan area.
Wastewater from the subject site will be conveyed to Wastewater Reclamation Plan No.10 (WRP-10), the regional wastewater treatment facility serving Rancho Mirage and neighboring cities.
5.4. Drainage
Pursuant to Policy 2.7 of the General Plan Safety Element, the proposed development’s on-site stormwater retention facilities must have adequate capacity to retain flows from the 100 -year, 24-hour storm. In Planning Area 1, s tormwater will be retained on site in the two retention ponds provided in the northeastern and northwestern corners of Planning Area 1. Additional underground storage may be provided on-site if required. PA 2 and 3 will also develop on -site drainage facilities, likely consisting of a co mbination of above -ground retention, and underground detention facilities. A Hydrology Report and Water Quality Management Plan (WQMP) will be prepared for each Planning Area as it develops within the Catana Specific Plan.
5.5. Utilities, Energy and Sustainability
The Specific Plan is served by Southern California Edison (SCE) for electricity and by Southern California Gas Company (SoCalGas) for natural gas. Solid wa ste and recycling services will be provided by Burrtec Waste and Recycling.
The Rancho Mirage Energy Authority (RMEA) is a locally run, not -for-profit power program created by the City of Rancho Mirage. RMEA purchases power directly from power providers, pays consultants for compliance functions, and sets electricity rates based on its costs. Each SCE customer that resides within the City of Rancho Mirage is automatically enrolled in the Base Choice program which allows 31.7% of each customer’s energy to be provided by renewable energy sources. Customers also have 7-919
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an option to enroll in RMEA’s Premium Renewable Choice program which allows 100% of each customers energy to be provided by renewable energy sources. These options will allow Catana residents to choose to lower their carbon footprint and reduce the use of GHG-producing fossil fuels for the production of electricity, consistent with the City’s Sustainability Plan.
All uses in Catana will be constructed to the standards and requirements of the Building Code in effect at the time that building permits are issued. Development of Planning Areas 1 and 2 will include the installation of solar panels, consistent with the requirements of the California Building Code for residential units. This standard will assure that energy demand within Catana will be substantially less than traditional residential projects in the City.
Catana will be designed to incorporate features that will lower its dependence on fossil fuels and provide residents with a healthier, more sustainable lifestyle, including:
¨ Pedestrian connections throughout the community, and between PA 1 and PA 2 to PA 3 to allow residents to walk or bike to shopping, dining and services. ¨ Shaded walkways and parkways, to lower the heat island effect. ¨ Passive solar design providing deep eaves, recesses and building siting to reduce sun exposure.
¨ Solar panels on all residential units.
¨ EV automobile chargers throughout the community.
¨ Water and energy conserving fixtures and appliances.
¨ Drought-tolerant, climate adapted landscaping.
Catana will provide a comfortable lifestyle in the harsh desert environment, while taking advantage of the new technologies available to reduce residents’ impacts on the planet.
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- - 18" Existing Water Main -- 16" Existing Sewer Main
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PLANNING & RESEARCH, INC.
Catana Specific Plan
Water and Sewer POC
Rancho Mirage, California
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6. ADMINISTRATION
6.1. Application Review
This Specific Plan is designed to provide guidance to the Project developers, City staff, and decision-makers in realizing the objectives of the Catana Project. The Specific Plan acts as the overall concept plan for the Project. Individual buildings and Planning Areas will be developed in phases, based on market conditions.
Projects in Planning Areas 1 and 2 will require Preliminary Development Permit (PDP) application(s). The PDP will be reviewed for consistency with this Specific Plan, and any applicable Zoning Ordinance requirements. PDPs will be reviewed by the Planning Commission and approved by the City Council.
Development in Planning Area 3 will require PDP and/or Conditional Use Permit (CUP) application(s). As with the residential PD Ps described above, these applications will be reviewed for consistency with this Specific Plan, and will require Planning Commission review and City Council approval.
Consistent with Municipal Code 17.42.080, Final Development Plans shall be reviewed and approved by the Director of Development Services to assure substantial conformance with the PDP.
The Specific Plan area will also be subdivided into Planning Areas for financing purposes. A Tentative and Final Tract or Parcel Map would be processed for this purpose.
Chapter 6
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The Specific Plan, residential PDPs and Tentative Map may be processed concurrently.
6.2. Specific Plan Amendments
Two types of amendments are possible under this Specific Plan:
Minor Amendments are those that clarify text or maps, modify Planning Area boundaries or build out units or square footage by up to 10%, but do not change the intent or vision for the Catana community. Minor Amendments will be reviewed and approved by the Director of Development Services or their designee with a Minor Modification Permit (MOD).
Major Amendments will be processed as Specific Plan Amendments, and include changes in density, changes in square footage or units of more than 10%, changes to Planning Area boundaries of more than 10%, or changes which would substantially change the intent or vision for Catana, including changes in land uses. Major Amendments will require review by the Planning Commission , and approval by the City Council.
6.3. Financing and Phasing
Catana’s Planning Areas 1 and 3 will be financed privately, through traditional real estate financing. Planning Area 2 will likely be financed through several sources, including private equity, Federal and State tax credits and other programs for which affordable housing projects are eligible.
It is expected that Planning Area 1 will develop first, followed by Planning Area 2, which will be subject to State funding schedules. Planning Area 3 should develop last, based on the current status of the retail commercial market in the City and region.
However, the financial markets will control development opportunities and phasing will be based on market forces.
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General Plan Consistency
California Government Code §65450 -§65453 permits the adoption and administration of Specific Plans as an implementation tool for elements contained within the local General Plan. The City of Rancho Mirage General Plan provides guidance for long-term growth and development in the City through comprehensive plans for future development. Consistency with the General Plan is achieved when the various land uses within the Specific Plan are compatible with the goals, policies, and general pattern of land uses contained in the General Plan. Consistency is defined as: “An action, program, or project is consistent with the General Plan if, considering all its aspects, it will further the objects and policies of the General Plan and not obstruct their attainment.” This statement from the Governor’s Office of Planning and Research (OPR) describes how a Specific Plan should be consistent with the General Plan.
The discussion below relates the Catana Specific Plan’s consistency with the goals and policies that are set forth in the Rancho Mirage General Plan.
LAND USE
GOAL LU 1: A resort residential community of desirable neighborhoods, a variety of community facilities, and high-quality development.
GOAL LU 2: A balanced mix of functionally integrated land uses, meeting the general social and economic needs of the community through simplified, compatible, and consistent land use and zoning designations.
Land Use Policies
Policy LU 2.1: Specific plans shall be required, where appropriate, to ensure new development achieves high -quality building, design, and development standards and provides amenities above those expected in conventional development.
Policy LU 2.2: Specific plans shall be utilized, where appropriate, to assure that phased, logical and cost-effective extension of infrastructure and build-out of new development.
Policy LU 2.3: Specific plans shall be updated periodically to reflect existing land use conditions, to modernize land use trends, to review boundaries, and to ensure that the long-term goals of the General Plan are being met through implementation of said specific plans.
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Policy LU 2.5: The City shall ensure adequate visibility and accessibility for commercial development while preserving the scenic view sheds from adjoining properties and public rights-of-way.
Policy LU 2.6: The City shall ensure privacy and safety for residential neighborhoods by providing adequate buffering and screening, particularly where neighborhoods adjoin or are integrated with commercial developments.
Policy LU 2.8: The City shall maintain a cooperative planning process with appropriate jurisdictions, including the County of Riverside and the Agua Caliente Band of Cahuilla Indians, assuring an effective advisory role regarding any and all development an d land use planning issues proposed in or near Rancho Mirage and the SOI.
Policy LU 2.9: The City shall incorporate land use and transportation concepts described in the SCAG’s RTP/SCS into land use and transportation planning design.
CONSISTENCY:
The proposed Catana Specific Plan provides guidance to ensure the phased, logical, and cost-effective development of the subject site. The standards and guidelines provided in the Specific Plan will ensure that the resulting residential and commercial development is high quality, providing ample shared residential amenities, access to commercial resources, as well as adequate privacy via buffering and screening. The proposed land use will ensure that the commercial development will be highly visible on Ramon Road, the residential development will be screened from the major arterial by the commercial uses, and that the two land uses are functionally integrated. The proposed land use pattern incorporates concepts described in the SCAG’s RTP/SCS, such as facilitating multimodal access to work, educational, and other destinations, as well as prioritizing infill to increase amenities and connectivity with existing neighborhoods. The Project will involve outreach to the Agua Caliente Band of Cahuilla Indians for consultation, as well as consultation with other local Tribes and jurisdictions, as applicable.
GOAL LU 3: The preservation and enhancement of the predominantly low -density, high-quality residential character of Rancho Mirage.
Residential Land Use Policies
Policy LU 3.1: Areas of existing residential development and surrounding vacant lands shall be planned in a manner that preserves neighborhood character and assures a consistent and compatible residential land use patter.
Policy LU 3.3: The City shall consider the issues of slope disturbance, development area and lot coverage, view preservation, revegetation, compatibility, public safety, and access while assessing potential residential developments.
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Policy LU 3.4: Lower income housing shall be dispersed where feasible, appropriate, and compatible with surrounding land uses.
CONSISTENCY:
The proposed residential development will be consistent with the residential character of the City and of adjacent residential neighborhoods. The proposed site plan and building massing will be designed to complement the character of surrounding neighborhoods, while considering issues such as view preservation, lot coverage, vegetation, safety, and access. The proposed affordable housing component of the SP will be compatible with the surrounding market-rate attached and detached single family homes on-site.
GOAL LU 4: High -quality commercial land uses conveniently and appropriately distributed throughout Rancho Mirage, to meet the community’s current and future needs and to take full advantage of emerging development and economic opportunities.
Commercial Land Use Policies
Policy LU 4.1: The City shall designate sufficient lands to provide revenue to the City and a full range of commercial services to the community and surrounding areas for present and future years.
CONSISTENCY:
The Project proposes commercial development in the southern portion of the site, along the Ramon Road frontage. The proposed high-quality commercial center would be conveniently located for residents of the Project, as well as for residents of existing residential neighborhoods in the area. In addition to providing commercial services to the community, the proposed commercial center would provide revenue to the City.
CIRCULATION
GOAL CIR 1: A safe, efficient, attractive, and economical circulation network meeting current and future demands in a manner consistent with the resort residential character of community.
Circulation Policies
Policy CIR 1.1: Rancho Mirage’s street system shall be designed and constructed to maximize mobility, minimize congestion, and assure that all intersections and street segments operate a LOS “D” or better during the peak hours.
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Policy CIR 1.2: A detailed traffic analysis shall be required for development proposals or other activities that might potentially require roadway improvements above and beyond those evaluated in the Circulation Element and General Plan EIR and EIR Addendum.
Policy CIR 1.4: The number of access points and intersections along arterials shall be limited in order to preserve mid-block and intersection capacities and to maintain public safety.
Policy CIR 1.7: The City shall develop a system of continuous and convenient bicycle routes and multi-use trails to places of employment, shopping centers, schools, and other high activity areas.
Policy CIR 1.10: Streets in private planned residential areas shall be installed and maintained as private streets, and shall be developed in accordance with development standards set forth in the Zoning Ordinance and other applicable standards and guidelines.
Policy CIR 1.3: Public streets shall be designed in accordance with complete streets concepts.
Policy CIR 1.14: Public streets shall be signed and striped consistent with the vehicle code.
CONSISTENCY:
The Project proposes one primary access point for each of the planning areas as well as secondary ingress/egress. The SP will ensure that these access points are designed to minimize potential impacts to traffic flow and public safety. Meandering sidewalks and bicycle lanes are provided on the public streets surrounding the subject site in accordance with complete str eets concepts. A traffic analysis was prepared for the SP that recommended improvements required and to ensure that Ramon Road and Rattler Road continue to operate at a LOS “D” or better during peak hours ; and a VMT letter was prepared to assure consistency with the City’s VMT policy.
Internal streets will also be designed based on complete streets concepts, with sidewalks and landscaped curb bump -outs to ensure that circulation within the site is safely accessible for all modes of transportation. The internal residential streets will be developed in accordance with the standards established in the City’s Zoning Ordinance as well as those set forth in the Specific Plan. All streets will be signed and striped consistent with the vehicle code.
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HOUSING
GOAL H 1: A variety of housing types that meet the needs of residents in Rancho Mirage.
GOAL H 2: Housing to meet the needs of Rancho Mirage’s lower income households.
Housing Policies
Policy H 1: The General Plan shall provide for a mixture of residential densities dispersed throughout Rancho Mirage.
Policy H 2: The City’s residential development standards shall allow for a diversity of housing types while adhering to the General Plan’s community design policies.
Policy H 3: Affordable housing developments shall be distributed throughout Rancho Mirage rather than concentrated in one area.
CONSISTENCY:
The Specific Plan proposed a combination of market-rate and affordable housing. The site will include both attached and detached single family rental housing, as well as low rise multi-family apartments. The standards and guidelines provided in the SP will ensure that this diversity of housing types will adhere to the General Plan’s community design policies.
CONSERVATION + OPEN SPACE
GOAL COS 3: The protection and preservation of biological resources in Rancho Mirage, especially sensitive and special status wildlife species and their natural habitats.
Biological Resources Policies
Policy COS 3.2: The City shall support and participate in local and regional efforts to evaluate and protect natural habitats, including suitable habitats for rare and endangered species occurring in Rancho Mirage and vicinity.
Policy COS 3.3: The City shall encourage the use of naturally occurring desert plant materials in landscaping for development projects, to the greatest extent possible, and discourage the use of non-native plant materials that are harmful to native plant and animal species.
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CONSISTENCY:
A biological resources assessment was prepared for the proposed Project in order to evaluate and mitigate any potential impacts to protected species and/or habitat on the subject site, ensuring that the proposed development is consistent with local and regional efforts to protect natural habitats and endangered species. The design guidelines provided in the Specific Plan promote the use of native and drought - resistant plants and landscaping.
GOAL COS 4: The conservation, efficient use, and thoughtful management of energy sources and mineral deposits.
GOAL COS 5: The long-term viability of limited and non-renewable resources.
Energy and Mineral Resources Policies
Policy COS 5.1: The City shall promote energy efficiency and conservation in all areas of community development, including transportation, development planning, and public and private sector construction and operation, as well as in the full range of residential and non-residential projects.
Police COS 5.2: The General Plan and other community plans shall assure an efficient circulation system and land use pattern in Rancho Mirage.
Policy COS 5.3: Major developments that provide significant employment centers shall be required to provide convenient and safe access to the public transit system.
Policy COS 5.5: The City shall support public and private efforts to development and operate alternative systems of solar and electrical production that take advantage of local renewable resources.
CONSISTENCY:
The proposed development will be subject to Title 24 of the California Code of Regulations, which requires energy efficient building practices and the installation of roof-top solar panels on new residential and commercial development. The Project site has access to public transportation, with SunLine Route 4 operating on Ramon Road, including a bus stop at the Ramon and Rattler Road intersection. This will provide a convenient and safe transit option for residents of the Project as well as employees of the commercial center. The configuration of proposed land uses will support efficient daily circulation, with the proposed commercial center and existing Rancho Mirage High School both in walking distance from the proposed residential development. Overall, the use of energy efficient building practices, inclusion of on- site solar facilities, and the availability of alternative modes of transportation, will ensure that the Project is efficient in its use of energy and therefore mindful of the long-term viability of limited and non-renewable resources.
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GOAL COS 7: An informed public that respects Rancho Mirage’s finite water resources and maximizes protection and conservation efforts for the benefit of the entire community.
Water Quality and Water Resources Policies
Policy COS 7.1: The City shall encourage the use of drought tolerant landscaping as a means of reducing water demand.
Policy COS 7.2: Evaluate all proposed land use and development plans for their potential to create groundwater contamination hazards from point and non - point sources and confer with other appropriate agencies to assure adequate review.
Policy COS 7.4: Require the use of alternative water supplies, such as recycled or canal water, for urban irrigation, where available.
Policy COS 7.5: Require new developments to establish and confirm the ability to meet current and future water resource demands.
CONSISTENCY:
The Specific Plan promotes the use of water conservation measures where practicable. The design guidelines established in the SP encourage the use of native, drought tolerant plants, consistent with the CVWD Model Water Efficient Landscape Ordinance (MWELO). A hydrology study and WQMP will be prepared for the proposed development which will be subject to approval by the City, thereby ensuring that the Project will not result in groundwater contamination. A CEQA Initial Study was prepared for the Specific Plan, which will include projections about the Project’s water demand and verification that CVWD has adequate supplies to meet that demand.
GOAL COS 8: The preservation, maintenance, continuity, and enhancement of cultural heritage and resources in Rancho Mirage, including historic and prehistoric sites, objects, landscapes, and structures.
Archaeological and Historic Resources Policies
Policy COS 8.2: Development of land use proposals that have the potential to disturb or destroy sensitive cultural resources shall be evaluated by a qualified professional and appropriate mitigation measures shall be incorporated into project approvals, if necessary.
CONSISTENCY:
An archaeological and historic resources assessment was prepared for the proposed Project which included a survey for cultural resources on the subject site, and recommended measures to minimize potential impacts to such resources.
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AIR QUALITY
GOAL AQ 1: Preservation and enhancement of regional air quality for the protection of the health and welfare of the community as a whole.
Air Quality Policies
Policy AQ 1.1: The City shall coordinate and cooperate with CVAG and SCAQMD in the ongoing monitoring and management of major pollutants affecting Rancho Mirage and the region, with particular focus on PM
10. Policy AQ 1.2: The City shall promote the development of pedestrian-oriented retail centers, as well as community wide multi use trails and bike paths, dedicated bike lanes, and other desirable alternatives to motor vehicle traffic.
Policy AQ 1.5: The City shall review all development proposals for potential adverse effects on air quality and require mitigation of any significant impacts.
CONSISTENCY:
The Project will be subject to air quality analysis to determine whether the projected pollutant emissions would exceed the daily maximum thresholds established by SCAQMD, and to provide mitigation measures as needed. This air quality analysis will be reviewed by the City.
The proposed development will provide commercial amenities in convenient proximity to the residential portion of the development, and will include internal and external sidewalks in order to provide a safe and comfortable environment for pedestrians.
Bicycle lanes on Ramon Road will also provide access to the site.
NOISE
GOAL N 1: A noise environment providing peace and quiet that complements and is consistent with Rancho Mirage’s resort residential character.
Noise Policies
Policy N 1.1: Land use patterns, associated traffic and its distribution, and individual developments shall be assessed for their potential to generate adverse and incompatible noise impacts. Noise exceeding normally acceptable levels shall be appropriately mitigated.
Policy N 1.2: Noise sensitive land uses, including residences, resorts, community open space, schools, libraries, churches, hospitals, and convalescent homes, shall be protected from high noise levels emitted by both existing and future noise sources.
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Policy N 1.3: Project designs shall be required to include measures that assure that interior noise levels for residential development do not exceed 45 dBA CNEL.
Policy N 1.4: Land uses allowed adjacent to Rancho Mirage’s major arterial roads and highways, or the Southern Pacific Railroad/I -10 corridor, should generally be limited to those that are compatible with higher noise levels to maximize noise-related land use compatibility.
CONSISTENCY:
The proposed development would be configured such that the commercial center would screen the residential developments from traffic noise emanating from Ramon Road, which is designated as a Major Arterial in the General Plan. Noise analysis will be conducted for the proposed Project, at which point design measures can be recommended if necessary to ensure that residential interior noise levels would not exceed 45 dBA.
SAFETY
GOAL SAFE 1: A community that plans for and is protected from the effects of seismic and geological hazards.
Safety Policies
Policy Safe 1.2: The City shall establish ordinance and guidelines to reduce the hazards from wind-blown sand and dust.
Policy Safe 1.7: Developers of projects in area identified as being subject to a rockfall or landslide hazards shall prepare detailed geotechnical analysis, including site response to seismic events, and require mitigation measures that reduce associated hazards to insignificant levels.
Policy Safe 1.8: The City shall encourage the incorporation of wind barriers, architectural design features, and drought resistant ground coverage in new development site designs to mitigate the impacts from erosion and wind-blown sand.
GOAL SAFE 2: Protection of lives, property, and essential facilities from flooding and other hydrologic hazards in Rancho Mirage.
Flooding and Hydrology Hazard Policies
Policy Safe 2.3: The City shall provide direction and guidelines for the development of onsite stormwater retention/detention facilities consistent with local and regional drainage plans for community design standards.
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CONSISTENCY:
The Specific Plan includes design features, such as a perimeter wall to screen the proposed development from wind and blowing sand , as well as the use of drought - resistant landscaping to reduce erosion . Also, as described in the SP, on -site stormwater retention ponds will be provided on site, consistent with standards provided by the Riverside County Flood Control and Water Conservation District.
Geotechnical analysis will be prepared for the proposed Project, including analysis of the site’s risk of erosion, wind-blown sand, as well as potential hazards related to seismic events. If necessary, the geotechnical analysis will provide measures to mitigate identified impacts.
PUBLIC SERVICES + FACILITIES
GOAL PS&F 3: A city-wide sewer system that serves all residences and businesses.
Water, Sewer, and Utilities Policies
Policy PS&F 3.2: All subdivisions shall be connected to sewer lines.
GOAL PS&F 6: A high level of police and fire protection and paramedic service.
Policy PS&F 6.1: Review all new and improved developments for their impact on safety and the provision of police and fire protection services.
Policy PS&F 6.2: Enforce fire standards and regulations in the course of reviewing building plans and conducting building inspections.
Policy PS&F 6.5: Provide emergency police, fire, and paramedic vehicle access with all new development to the satisfaction of the City.
Policy PS&F 6.7: Promote concepts of defensible space for walled and gated communities, recognizing the potential effect those concepts can have on reducing crime in Rancho Mirage.
CONSISTENCY:
The proposed development will be connected to the existing CVWD sewer line in Rattler Road. The Specific Plan provides development standards to ensure that the Project will include adequate fire, police, and paramedic access within the site, as well as design guidelines that encourage the integration of defensible space. Final site plans will be reviewed by the City to ensure that adequate police and fire protection services will be available to service the Project.
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COMMUNITY DESIGN
GOAL CD 1: Preservation and promotion of the special identity of Rancho Mirage as an “Oasis in the Desert,” combing quality development with scenic, natural, and open space amenities.
Community Identity Policies
Policy CD 1.1: Rancho Mirage’s symbolic identity shall be enhanced through distinct signage, gateways, architecture, and resilient landscaping.
Policy CD 1.3: The City shall ensure the development of high-quality, visually distinctive commercial uses.
Policy CD 1.4: The planning and design of residential neighborhoods shall provide distinctive and characteristic design elements along public rights -of- way and in the project, creating a recognizable sense of place.
Policy CD 1.5: Multi -family residential projects shall provide well -design and neighborhood enhanced living space, usable and safe private and common open space areas, adequate parking and appropriate automobile storage, screened trash enclosures, a compre hensive landscape program, and perimeter walls and fencing.
CONSISTENCY:
The development standards and design guidelines provided in the Specific Plan promote a distinct and high-quality residential and commercial development that is compatible with the character of nearby residential developments and of the City as a whole. Shared neighborhood community spaces will be provided on-site, including a club house, pool, and paseo for the single-family rental housing, as well as shared outdoor amenities including pools for the affordable housing. The Specific Plan provides standards to ensure the adequate provision of parking, the screening of trash enclosures and other services areas, a comprehensive landscaping plan that is consistent with the MWELO, and perimeter walls with integrated landscaping to provide screening.
GOAL CD 3: Scenic roadways that impart a sense of place and are attractively landscapes, provide visual continuity along adjacent uses, preserve views, and create focused intersection landscaping.
Scenic Roadway Policies
Policy CD 3.1: The City shall develop and maintain high-quality roadways that frame views, buffer surrounding residential development, and enhance commercial uses.
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GOAL CD 4.1: A Landscape program that promotes aesthetics, climate change resistance, and place-making.
Landscaping Policies
Policy CD 4.1: Landscape plans submitted to the City shall be consistent with this element.
GOAL CD 5: Walls and fences that act as attractive elements of the streetscape, while providing privacy and views, creative design, and visual continuity.
Perimeter Walls/Fencing Policies
Policy CD 5.1: Wall and fence designs shall be considered important components of the design review process and overall streetscape improvement plans.
CONSISTENCY:
The street landscaping guidelines provided in the Specific Plan include the provision of meandering sidewalks, staggered perimeter walls, and attractive landscaping in order to frame views from public roadways, provide visual continuity, and buffer the residential development. In addition to visually enhancing the proposed development, the SP requires landscaping to use native, drought -resistant plants, consistent with the MWELO.
Goal CD 6: Signage of the highest level of design and construction quality.
Goal CD 7: Protection of the star-studded desert night sky from excessive glare.
Signage and Lighting Policies
Policy CD 6.1: The City shall encourage high -quality, low-scale signage that effectively communicates in an attractive manner.
Policy CD 7.1: Lighting features that preserve the beauty of the desert night while still performing directional, safety, and informational functions shall be designed and incorporated into development projects.
CONSISTENCY:
The Specific Plan provides standards requiring signage to be high quality, attractive, and informative. The standards require lighting to be shielded and directed downward in order to reduce glare, preserve dark night skies, while still providing direction al, safety, and informational functions.
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GOAL CD 8: Architecture that is sensitive to its context, blending quality materials, distinctive detailing, and a strong sense of living with natural.
Architecture Policies
Policy CD 8.1: The City shall encourage cohesive yet flexible architectural design for all structures in Rancho Mirage.
Policy CD 8.2: The City shall encourage new development to incorporate “green building” practices to maximize resource conservation and be compatible with the surrounding desert environment.
GOAL CD 9: Retail centers in Rancho Mirage that are visually attractive, people - friendly, and economically successful.
Commercial Development Policies
Policy CD 9.1: Projects shall incorporate architectural interest and variety in the context of a unified setting, including commonalities of color, landscaping, signage and lighting. Strong architectural detailing including façade articulation and varied b uilding materials, colors, and massing shall be encouraged.
Policy CD 9.2: Projects shall provide comfortable, attractive, and distinctive pedestrian amenities including sitting areas, shade structures, plazas, and arcades.
Policy CD 9.5: Projects shall design highly visible entrances through accent landscaping, monument signs, back lighting, specialized paving, and other design amenities.
Policy CD 9.6: Projects shall incorporate rich and varied paving materials on entry driveways, pedestrian connections from parking areas, pedestrian paths along storefronts, and in plazas and courtyards.
Policy CD 9.7: Monument, retail, and directional signs shall use access lighting.
Policy CD 9.8: Projects shall incorporate monument signs near corners or entrances to retail centers.
CONSISTENCY:
The Specific Plan provides standards and guidelines to ensure high -quality, context sensitive design, while allowing flexibility for future tenants. The SP will include guidelines to ensure cohesive yet visually-interesting schemes in building materials, color palettes, landscaping, signage, and lighting. Proposed development plans include pedestrian amenities on the Ramon Road and Rattler Road frontages as well as within the property, with internal pedestrian connections and a paseo. Entrances to the devel opment will be distinct and easily indefinable entrances , supported by 7-936
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monument signage, accent landscaping and lighting . Development will be required to comply with Title 24 of the California Code of Regulations, ensuring energy- efficient design and the integration of roof-mounted photovoltaic panels.
GOAL CD 10: Distinctly designed parking areas in Rancho Mirage’s commercial centers that incorporate rich paving materials, drought and heat -tolerant landscaping, clear and safe pedestrian and vehicular access, and protection from the desert climate through the use of well-placed trees and/or carports.
GOAL CD 11: Parking areas that area screened from public streets to the greatest extent possible.
Parking Design Policies
Policy CD 10.1: The City shall encourage layered landscaping with overstory canopy trees for shade and understory shrubs and groundcover in parking areas.
Policy CD 10.2: Projects shall configure parking areas to allow for the free flow of vehicular traffic and convenient vehicular access to customers.
Policy CD 10.5: Lighting shall be directed downward to protect nighttime glare and illuminate pedestrian pathways with bollard lighting.
Policy CD 11.1: Parking shall be screened from roadways by encouraging landscaped medians, berms, trellises, grade changes, or placement behind buildings.
CONSISTENCY:
The Specific Plan includes development standards and design guidelines instructing the development of parking, landscaping, and lighting on the subject site. Parking for the commercial center will allow for free flow of vehicle traffic, and will be easily accessible via ingress/egress onto Ramon Road, as well as secondary access points on Ramon Road and Rattler Road. The configuration of the commercial component of the Project places parking to the rear of commercial buildings, thereby screening the parking from view from Ramon Road. On -street parking for the affordable housing component of the Project will be placed in the western portion of the site, shielded from view from Ramon Road and Rattler Road. The landscape guidelines promote the use of greenery at varying scales, including trees, low shrubs, and groundcover.
Lighting will be required to be shielded and directed downwards, in order to minimize glare.
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GOAL E&F 1: A growing and balanced economic base that serves the needs of Rancho Mirage residents, businesses, and visitors while maintaining the City’s high standards of development and environmental protection.
Economic + Fiscal Policies
Policy E&F 2.1: The City’s land use designations shall provide opportunities for a broad range of residential, commercial , office, institutional, and light industrial development in appropriate locations.
CONSISTENCY:
The proposed Project includes residential and commercial development. The adjacent uses proposed for the site will provide convenience for residents, while situating the commercial center in a highly visible location on a major arterial road. The commercial uses will support the City’s economic base. The development standards and design guidelines will ensure that both the residential and commercial uses will be consistent with the City’s high standard for development and environmental protection.
GOAL A&C 3: Night sky protection.
Arts and Culture Policies
Police 3.1: The City shall review lighting details for development projects to ensure protection of the night sky.
CONSISTENCY:
Design guidelines provided in the Specific Plan require the use of shielded outdoor lighting in order to reduce light pollution and glare, consistent with §17.18.050 of the City’s zoning code.
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RECORDING REQUESTED BY:
City of Rancho Mirage
WHEN RECORDED MAIL TO:
City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, California 92270
Attention: City Clerk
APN: 670-
230-021
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)
(Exem
pt from Recording Fees Pursuant to Government Code Section 27383 - Benefits City)
STATUTORY DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF RANCHO MIRAGE
AND
McKELLAR McGOWAN HOLDINGS LLC and RAMON & RATTLER PARTNERS LLC
This Statutory Development Agreement (“Agreement”) is entered into this ______ day of ___________, 202__ by and between City OF RANCHO MIRAGE, a municipal corporation located in the County of Rive rside, State of California ("City"), and MCKELLAR MCGOWAN HOLDINGS LLC , a California Limited Liability Company and RAMON & RATTLER PARTNERS LLC a Delaware Limited Liability Company (collectively, "Developer"), pursuant to the authority of Sections 65864 et seq. of the California Government Code and Chapter 17.56 of the Rancho Mirage Municipal Code.
R E C I T A L S:
WHE
REAS, City is a charter city and recognized for certain purposes as a political subdivision of the State of California; and
WHEREAS, Developer has the right to develop approximately 36 acres of undeveloped real property within Section 14, generally located at the northwest corner of Ramon Road and Rattler Road as more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (“Property” or “Subject Property”); and ATTACHMENT 5
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WHEREAS, the Developer has submitted application for a Development Agreement, Specific Plan, General Plan Zoning Map Amendment, Environmental Assessment, Tentative Parcel Map, and two Preliminary Development Plan s to allow the construction of up to 305 housing units and up to 75,000 square feet of commercial space (collectively, the “Project”), and
WHEREAS, on __________________, a Notice of Intent (“NOI”) regarding the City’s adoption of the MND was filed on the City’s website and The Desert Sun and otherwise provided in accordance with applicable law; and
WHEREAS, no complaints, lawsuits, claims or petitions have been filed against the Cit y challenging the City Council’s adoption of the MND and approval of the Project Entitlements (as defined below); and
WHEREAS, on __________________, at a duly noticed public hearing conducted by the City Council, the City Council approved Resolution No. ____, adopting a mitigated negative declaration (the “MND”), and a mitigation monitoring and reporting program (“MMRP”) for the Project, based upon its determination that there is no substantial evidence in the whole record before it that the Project will have a significant effect on the environment, and that has not been mitigated to a level of less than significant, and that the MND reflects the City Council’s independent judgment and analysis of the Project and its potential impacts on the environment consistent with the provisions of the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines; and
WHEREAS, on __________________, a Notice of Determination (“NOD”) regarding the City’s adoption of the MND was filed with the Office of the County Clerk of the County of Riverside and posted for at least 30 days in the Office of the County Clerk and the NOD was filed with the State’s Office of Planning and Research; and
WHEREAS, no complaints, lawsuits, claims or petitions have been filed against the City on or before__________________ (within the requisite 30 -day period), or anytime thereafter, challenging the City Council’s adoption of the MND and approval of the Project Entitlements (as defined below); and
WHEREAS, on ____________________, at a duly noticed public hearing conducted by the City Council, the City Council introduced Ordinance No. ______ approving Development Agreement Case No. DA2 3-0002; introduced Ordinance No. _______ approving Specific Plan Case No. SP23-0002; adopted Resolution No. _____ approving General Plan Zoning
Map Amendment Case No. GPZMA23-0002, adopted Resolution No. _____ approving Tentative Parcel Map Case No. TPM23 -0004; and adopted Resolution No. ______ approving Preliminary Development Plan Case No s. PDP23-0006 and PDP23-0007 for the Project (collectively, the “Project Entitlements”); and
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State 7-940
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of California adopted Sections 65864 et seq. of the California Government Code (" Development Agreement Statute") which authorizes cities to enter into property development agreements with any person(s) or entity(ies) having a legal or equitable interest in real property for the development of such real property in order to establish certain development rights in the real property; and
WHEREAS, pursuant to Section 17.56.010 of the Rancho Mirage Municipal Code, a development agreement is intended to provide assurance s to Developer that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval in exchange for assurances that City will receive certain payment of fees, the installation of certain infrastructure, and other benefits City cannot otherwise unilaterally impose as conditions of approval of the project outside the context of a negotiated development agreement; and
W
HEREAS, this Agreement will eliminate uncertainty in planning for and secure orderly development of the Subject Property and Project (as specifically described in this Agreement below), assure progressive installation of necessary improvements, and ensure attainment of the maximum effective utilization of resources within City at the least economic cost to its citizens; and
WHEREAS, based on the foregoing recitals, City has determined that this Agreement is appropriate under the Development Agreement Statute and Chapter 17.56 of the Rancho Mirage Municipal Code; and
WHEREAS, this Agreement is voluntarily entered into in consideration of the benefits to and the rights created in favor of each of the parties hereto and in reliance upon the various representations and warranties contained herein; and
WHEREAS, the City shall benefit from the expedited processing of the necessary permits to complete and operate the Project in that the commercial center will produce sales tax revenue for the City’s General Fund, increased job opportunities, and the production of up to ninety-four (94) housing units for affordable to lower income households, consistent with the requirements of the City’s adopted and certified 6
th Cycle Housing Element Update, as well as up to 210 market- rate housing units for rent to existing and future City residents.
NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute and Chapter 17.56 of the Rancho Mirage Municipal Code and in consideration of the mutual covenants and promises of the parties contained herein, the parties agree as follows:
A G R E E M E N T:
Section 1. Incorporation of Recitals
The foregoing recitals are true and correct and are incorporated into this Agreement by this 7-941
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reference as though fully set forth herein.
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ection 2. Effective Date
This Agreement shall become effective on the effective date (“Effective Date”) of the ordinance enacting this Agreement (“Enacting Ordinance”); provided, however, that if a City-wide referendum election is called and the Enacting Ordinance is repealed, this Agreement shall be null and void as of the date of the final declaration by the City Council of the repeal of the Enacting Ordinance.
Section 3. P
roject
The “Project” includes the development of up to 75,000 square feet of commercial space, and up to 305 housing units for lease, inclusive of ninety-four (94) housing units for affordable to lower income households, all as provided through the Project Entitlements and this Agreement.
Developer shall record a covenant against Parcel 2 of TPM38834 which provides that residential units developed on the property shall be rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor -in-interest who continues the violation.
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ection 4 . Subject Property
The “Subject Property” consists of approximately 36 acres of unimproved real property located at the northwest corner of Ramon Road and Rattler Road, as more particularly described in Exhibit “A,” upon which the Project will be developed in accordance with this Agreement.
Section 5. P
urpose
The purpose of this Agreement is to ensure the Project and Subject Property are developed consistent with the terms of this Agreement.
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ection 6 . Term
The parties agree that the Term of this Agreement shall be 20 years commencing on the Effective Date, subject to any extension and early termination provisions described in this Agreement (the “Term”).
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Section 7. T ermination
Except as provided herein, this Agreement shall be terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the 20 year term;
(b) Completion of the Project in accordance with the Project E ntitlements and City’s issuance of all required occupancy permits and acceptance of all improvements required under the Project Entitlements and this Agreement;
(c) Entry of final judgment or issuance of a final order directing City to set aside, withdraw, or abrogate City’s approval of this Agreement or any material part of the Project Entitlements; or
(d) The effective date of a party’s election to terminate the Agreement in response to an uncured default by the other party, pursuant to the terms of this Agreement. (e) In the event of a termination of this Agreement with respect to any portion of the Project, any then-existing rights and obligations of the parties with respect to such portion of the Project shall automatically terminate and be of no f urther force, effect or operation. No termination of this Agreement with respect to any portion of the Property or Project shall affect in any way the parties’ rights and obligations hereunder with respect to any other portion of the Property or Project. In no event shall the expiration or termination of this Agreement result in any expiration or termination, without further action of City, of any entitlement approval then in existence.
Section 8.
Cooperation by Developer
Developer shall, in a timely manner, provide City with all documents, applications, plans and other information necessary for City to carry out its obligations under this Agreement and cause its planners, engineers and other consultants to do the same. Developer also shall apply in a timely manner for such other permits and approvals from other governmental or quasi - governmental agencies having jurisdiction over the Subject Property and/or Project as may be required for the development of, or provision of services to, the Subject Property and/or Project, as contemplated by this Agreement.
Section 9. Cooperation by City
City shall, in a timely manner, review and comment on any entitlement application, building permit application, improvement plan and other required City permits. City shall take reasonable measures to also support Developer’s applications for State, federal and private financing of the lower income units within the Project; provided, however, City shall not be obligated to take any actions the City, in its sole and absolute discretion, find are not consistent 7-943
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with the Project Entitlements or Applicable Law . City shall also take reasonable measures to advocate for the Project with other governmental and quasi -governmental agencies upon request by the Developer; provided, however, City shall not be obligated to take any action it determines, in its sole and absolute discretion are not consistent with the Project Entitlements or Applicable Law, and Developer shall reimburse City for its reasonable and actual costs incurred, if any.
Section 10. P
rocessing Fees
Notwithstanding anything else herein, Developer shall pay all applicable filing and processing fees pursuant to Section 17.36.050 “Fees” of the Rancho Mirage Municipal Code in the amounts set forth in the schedule of fees in effect at the time such fees are due and payable during the land use entitlement review process.
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ection 1 1. Additional Cost Reimbursement
In addition to the payment of the requisite processing fees, Developer shall reimburse City for t he actual costs and expenses incurred by City for all services provided by City and its consultants, including legal counsel, for review, preparation and processing of this Agreement and related Project Entitlements , and any research related thereto which are not factored in City processing fees. Fu rthermore, to the extent that City , on behalf of Developer , attempts to enter into binding agreements with other entities in order to assure the availability of certain permits and approvals or services necessary for development of the Subject Property and/or the Project as described in this Agreement, Developer shall reimburse City for all costs and expenses incurred in connection with seeking and entering into any such agreements, subject to Developer’s consent to such costs and expenses, which consent shall not be unreasonably withheld. Any fees, assessments or other amounts payable by City pursuant to any such agreements described herein shall be borne by Developer except where Developer has notified City in writing, prior to City entering into any such agreement, that it does not desire for City to execute said agreement. In the event Developer refuses consent with respect to the above matters, City reserves the right to refrain from entering into the respective agreement or payi ng any fees, assessment or other amounts on behalf of the Subject Property and/or Project, and may terminate this Agreement where such payments are otherwise required.
Sect
ion 1 2. Commencement of Construction
Developer will make commercially reasonable efforts to initiate construction of the Project within the timeframes shown below. However, City understands and agrees that market forces, State and federal financing agency requirements and other factors can affect the constructio n schedule. In acknowledgement of the holding in Pardee Construction v. City of Camarillo (1984) 37 Cal. 3d 465, the parties agree that Developer shall have the discretion to develop the Property in one phase or multiple phases and at such times as Develo per deems appropriate within the exercise of its subjective business judgment in light of market conditions.
Planning Area 1 (single family rental housing) Within 3 years of the Effective Date 7-944
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Planning Area 2 (multi-family affordable housing) Within 4 years of the Effective Date Planning Area 3 (commercial center) Within 10 years of the Effective Date For purposes of this Agreement, initiation of construction shall be defined as the issuance of a building permit for the first structure in the applicable Planning Area. Notwithstanding anything set forth in this Agreement to the contrary, except as may be required in Section 11 of this Agreement, the Project Entitlements and processing thereof, City’s Municipal Code, and applicable federal, state and local laws, rules and regulation, Developer is not obligated solely by the terms of this Agreement to affirmatively act to develop all or any portion of the Property, pay any sums of money, dedicate any land, or to otherwise meet or perform any obligation with respect to the Property; provided, however, that if Developer elects to develop all or any portion of the Property, then Developer must comply with the terms of this Agreement, the Project Entitlements, and all other applicable restrictions and requirements governing development of the Project pursuant to this Agreement.
Section 13. V
ested Rights and Applicable Rules, Regulations and Policies Except as otherwise provided in this Agreement, Developer shall have the vested right to develop the Project pursuant to the rules, regulations, and policies governing the use, density, intensity, design, improvement, construction, and building and occupancy standards, in effect on the Effective Date of this Agreement, as set forth in this Agreement, Project Entitlements, Title 17 (“Zoning”) of the Rancho Mirage Municipal Code, and all other applicable state, federal and local laws, rules, and regulations (collectively, “Applicable Law”). In light of the foregoing, City shall apply the Applicable Law when considering any actions or decisions pertaining to both discretionary and ministerial permits related to the Project and Subject Property during the term of this Agreement, including future Planned Development P ermits, Conditional Use Permits and other entitlements required to implement the Specific Plan , which are consistent with the Project Entitlements. It is the intent of City and Developer that the vesting of development rights of Developer shall include the permitted land uses, density and intensity of use of the Property, timing or phasing of development, zoning, provisions for reservation or dedication of land for public purposes, and the location and size of public improvements and other terms and conditions of development of the Project as set forth in the Project Entitlements and this Agreement. (a) In accordance with Government Code S ection 65866, nothing herein shall be construed to limit City's authority to apply new rules, regulations and policies to the Project which do not conflict with the Applicable Law, nor to limit City’s police power to implement, based upon appropriate and adequate findings, specific emergency measures necessary to protect against real and actual threats to the health and safety of City residents.
(b) Notwithstanding anything to the contrary contained in this Agreement, City may apply to the Project, at any time during the term of this Agreement, the then- current California 7-945
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Building Code, California Fire Code, and other uniform construction codes, provided that any such uniform code shall apply to the Project only to the extent that such code has been adopted by City, and is in effect on a City-wide basis.
(c) As provided in California Government Code Section 65869.5, this Agreement shall not preclude the application to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in state or federal laws or regulations (“Changes in the Law”). In the event Changes in the Law prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended, or performance thereof delayed, only to the extent necessary to comply with the Changes in the Law, and City and Developer shall take such action as may be required pursuant to this Agreement.
(d) The City recognizes the necessity of certainty in the entitlement process, and agrees that the current Project Entitlements ( Environmental Assessment EA 23-0006, General Plan Zoning Map Amendment Case No. GPZMA23- 0002, Specific Plan Case No. SP23-0002, Development Agreement Case No. DA23- 0002, Tentative Parcel Map Case No. TPM23-0004 (Tentative Parcel Map 38834), and Preliminary Development Plan Case Nos. PDP23- 0006 and PDP23-0007), and future Planned Development Permits, Conditional Use Permits and similar entitlements shall remain valid and effective during the term of this Agreement, without the need for extension, regardless of the requirements of the Municipal Code regarding expiration and extension of permits.
(e) Unless ordered by a court of law, or to the extent provided by state law, the City shall not impose on the Project (whether by action of the Council, or other local legislative body, or by initiative, referendum or other means), any ordinance, resolution, rule, regulation, standard, directive, condition, or other measure (each, a “City Law”) that is in conflict with Applicable Law or this Agreement, or that reduces the development rights or assurances provided by this Agreement.
Section 14. Extension of Tentative Maps
In accordance with Government Code Section 66452(a)(1), all tentative subdivision maps and tentative parcel maps, whether vesting or not, which may be approved by the City in connection with the development of the Subject Property, shall be extended for the greater period of (a) the term of this Agreement or (b) such maximum total time as is permitted in accordance with the State Subdivision Map Act (Government Code Sections 66410 et seq.) or Applicable Law.
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ection 1 5. Minor Revisions
Minor revisions to the entitlements related to the Subject Property and/or Project shall not require an amendment to this Agreement, provided that City finds and determines that the proposed change or modification is consistent with the development standards and guidelines set forth in this Agreement and Applicable Laws.
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Section 16. Development Impact Fees
Except as expressly set forth herein, the Project shall be subject to all Development Impact F ees applicable to Project and Property as of the Effective Date, including but not limited to the fees set forth in Chapter 3.29 of the Municipal Code as set forth on Exhibit C hereto. Notwithstanding the foregoing, the up to 94 housing units affordable to lower income households, consistent with the requirements of the City’s adopted and certified 6th Cycle Housing Element Update (collectively, the “Affordable Units”) shall be subject up to a 100% waiver as determined by the City Manager at the time of permit application of all City Development Impact Fees set forth in Chapter 3.29 of the Municipal Code, the License Tax on New Construction set forth in Chapter 3.28 of the Municipal Code, and the land dedication or in lieu fee requirements under Section 16.18.060 of the Municipal Code (“Parks and Recreation Facilities”), The Affordable Units shall also be subject to a 50% waiver of all other fees paid at building permit issuance. The foregoing fee waiver for the Affordable Units will not apply to fees collected by the City on behalf any school districts, Coachella Valley Association of Governments (CVAG), or other government agencies, including but not limited to statutory school fees, the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) Fee, and Transportation Uniform Mitigation Fee (TUMF ) fees; provided, however, that such non- City fees will be subject to any waivers, reductions, or credits as may be provided pursuant to such fees or the ordinances related thereto.
Section 17.
Existing Exactions
Except to the extent expressly set forth in this Agreement, nothing set forth herein shall constitute a waiver of Developer’s obligation to pay or be subject to any other existing fees, exactions, in-lieu fees or payments, dedication or reservation requirements, obligations for on-site or off -site improvements, construction requirements for public improvements, facilities, or services required of the Project and/or Subject Property under the Applicable Law, whether such requirements constitute subdivision improvements, mitigation, or impositions made under any applicable ordinance or other applicable regulation.
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ection 18. Community Facilities District No. 1
Developer acknowledges the existence of Community Facilities District No. 1 (“CFD No. 1”) which was created pursuant to the Mello- Roos Community Facilities Act, as set forth in Government Code Sections 53311 et seq. (“Mello- Roos CFD Act”) for the purpose of funding certain public safety services. If the Project and Subject Property are currently subject to the assessments of CFD No. 1, Developer , on behalf of itself, its heirs, approved assignees, and successors, voluntarily consents that it will not vote or otherwise support the dissolution of said CFD No.1, in perpetuity. In the event CFD No. 1 formally dissolves prior to the first certificate of occupancy in the Project, Developer shall consent to paying an in-lieu assessment in a manner 7-947
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and form, deemed acceptable by City , as though CFD No. 1 had never dissolved with respect to the Project and Subject Property, in equivalent amounts as would have otherwise been assessed by CFD No. 1. In the event CFD No. 1 formally dissolves on any portion of the Project or Property subsequent to the sale or transfer of any such portion of the Project or Property, the owners of said portion of the Project or Property shall consent to paying an in- lieu assessment in a manner and form, deemed acceptable by City, as though CFD No. 1 had never dissolved with respect to the Project and Subject Property, or portion thereof, in equivalent amounts as would have otherwise been assessed by CFD No. 1, which such in-lieu assessment shall be recorded against said portion of the Property, and shall run with the land. If, however, the Project or Subject Property is not currently subject to the assessments of CFD No. 1, Developer voluntarily consents to take whatever affirmative action it needs to take on its part to ensure that the Project and Subject Property are subject to the assessments of the CFD No. 1, which includes without limitation, voting to approve the annexation of the Project and Subject Property to said CFD No.1. This section shall survive the expiration or earlier termination of this Agreement.
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ection 19. Nexus/Reasonable Relationship Challenges
Developer consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions or requirements set forth in this Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax. Developer reserves the right, however, to challenge in court any future fee, exaction, or other City Law that would, in Developer's opinion, conflict with Applicable Law (including this Agreement) or reduce the development rights provided by this Agreement.
Section 20. C
ovenants Running with the Land and Constructive Notice
All of the terms, provisions, and obligations contained in this Agreement shall be binding upon Developer and its heirs, successors, and assigns, and all other persons or entities acquiring all or any portion of the Subject Property and/or Project, or any interest therein, whether by operation of law or in any manner whatsoever, and the rights thereof shall inure to the benefit of City and its successors and assigns. As such, all of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including but not limited to, Section 1468 of the California Civil Code .
Notwithstanding the above, every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Subject Property and/or Project shall be deemed to have consented and agreed to every provision contained in this Agreement, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Subject Property and/or Project.
Section 21. Civil Code Section 1542 Waiver
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Developer hereby waives any and all rights Developer or its successors and assigns may have under Article XIIIC or Article XIIID of the California Constitution and any and all rights Developer of its successors and assigns may have under any other applicable law to contest the fees, exactions and assessment s and/or their amounts payable to City under this Agreement as follows:
In furtherance of the intentions of the parties to this Agreement, Developer with and under advice of counsel, hereby expressly waives any and all right and benefit conferred upon Developer by the provisions of Civil Code Section 1542, which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Developer further expressly waives any and all rights and benefits conferred upon Developer by any provision of any other state, federal or local statute, code, ordinance or law similar to Section 1542 of the Civil Code. Developer expressly consents that the waiver of rights contained in the first paragraph shall be given full force and effec t, according to the express terms and provisions of the instant waiver, to unknown and unsuspected claims, demands and causes of action, if any, arising out of or relating to the waiver of rights contained in this Agreement.
Initials:
Developer ____ ______
Section 22. P
eriodic Review
City shall conduct a review of this Agreement as set forth as follows:
(a) Annual Review. City will review the extent of good faith compliance by Developer with the terms of this Agreement annually commencing on the first anniversary of the Effective Date of this Agreement.
(b) Notice. City shall notify Developer in writing of the date of review at least thirty (30) days prior thereto.
(c) Good-faith Compliance. During each annual review, Developer is required to demonstrate good faith compliance with the terms of this Agreement.
(d) Production of Documents and Other Evidence. Developer agrees to furnish such reasonable evidence and adequate documentation of good faith compliance as City , in the 7-949
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exercise of its reasonable discretion, may require.
(e) Cost of Annual Review. The cos ts incurred by City in connection with the annual review shall be borne by Developer.
(f) Failure to Conduct Review. City’s failure to conduct an annual review of this Agreement shall not constitute a breach of this Agreement.
(g) Certificate of Compliance. If, at the conclusion of a periodic or special review, Developer is found to be in compliance with this Agreement, City shall issue a Certificate of Compliance (“Certificate”) to Developer stating that after the most recent periodic or special review, and based upon the information known or made known to City that: (i) this Agreement remains in effect and (ii) Developer is not in default. City shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to City , regardless of whether or not the Certificate is relied upon by assignees or other transferees or Developer.
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ection 23. Relationship of Parties ; Several Liability
a. It is specifically understood and agreed by and between the parties hereto that the Project is a private development and that neither party is acting as the agent of the other in any respect hereunder. City and Developer also hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making City and Developer joint venturers or partners.
The obligations and liabilities of Developer shall be several obligations and liabilities of MCKELLAR MCGOWAN HOLDINGS LLC and RAMON & RATTLER PARTNERS LLC , with each entity solely obligated and liable with respect to the portion of the Subject Property it owns.
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ection 2 4. No Third Party Beneficiaries
The only parties to this Agreement are Developer and City . There are no third party beneficiaries and this Agreement is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever.
Section 25. Assignment of Rights
(a) R ight to Assign. Developer shall have the right to sell, transfer, or assign this Agreement in whole or in part to any person or entity acquiring an interest or estate in the Subject Property, or any portion thereof (each, a “Transferee”), at any time during the Term of this 7-950
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Agreement, without the prior written consent of the City. Any sale, transfer or assignment shall include the assignment and assumption of the rights and duties set forth herein, and shall be made in compliance with the following conditions precedent:
(i) No sale, transfer, or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer, or assignment of all or a portion of the Subject Property. Any partial transfer hereunder shall be in full compliance with the City’s subdivision requirements. (ii) Concurrent with any such sale, transfer or assignment Developer shall notify City, in writing, of such sale, transfer, or assignment and shall provide City with an executed agreement between Developer and the Transferee, and providing therein that the Transferee expressly and unconditionally assumes all the duties and obligations of Developer under this Agreement as to all portions of the Subject Property transferred (the Assignment and Assumptions Agreement).
The Assignment and Assumption Agreement shall also provide (i) that the Transferee has the vested rights to improve the portion of the Subject Property acquired, pursuant to the terms and conditions of this Agreement, (ii) the address for Transferee for any notices to be given hereunder, and (iii) any other matter deemed by Developer to be necessary or appropriate in connection with the transfer or assignment.
(b) R elease of Transferring Developer. Upon approval by the City of the executed Assignment and Assumption Agreement, Developer shall be released from all obligations under this Agreement, solely as to the property transferred, which approval shall be provided by City upon the full satisfaction by such transferring Developer of all the following conditions:
(i) Th e transferring Developer no longer has a legal interest in the portion of the Subject Property that is the subject of the Assignment and Assumption Agreement, except as a beneficiary under a deed of trust; (ii) The transferring Developer is not then in default under this Agreement; and
(iii) The transferring Developer has provided the City with the notice and executed agreement required under subsection (b) of this Section.
Developer shall be free from any and all liabilities and obligations accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a Transferee under a fully executed Assignment and Assumption Agreement approved by the City. No breach or default hereunder by any Transferee shall be attributed to Developer, nor may any of Developer’s 7-951
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rights hereunder be cancelled, terminated or diminished in any way by any breach or default of a Transferee.
(c) S ubsequent Assignment. Any subsequent sale, transfer, or assignment after an initial sale, transfer, or assignment shall be made only in accordance with and subject to the terms and conditions of this Section.
S ection 2 6. Mortgagee Protection
(a) In General. The provisions of this Agreement shall not prevent or limit Developer's right to encumber the Subject Property or any portion thereof, or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to such portion.
City acknowledges that lenders providing such financing and other “Mortgagees” (defined below) may require certain modifications or amendments to this Agreement and agrees upon request, from time to time, to meet with Developer and representatives of such lenders to negotiate in good faith any such request for modification or amendment. Any modification or amendment requested by a Mortgagee will be processed in accordance with the terms of this Agreement. Any person holding a mortgage, deed of trust or other security instrument on all or any portion of the Property made in good faith and for value (each, a “Mortgagee”), shall be entitled to the rights and privileges set forth in this Section.
(b) Impairment of Mortgage or Deed of Trust. This Agreement shall be superior and senior to any lien placed upon the Subject Property, or any portion thereof, including the lien of any mortgage. Notwithstanding the foregoing and except as otherwise specifically stated in the terms of any security instrument held by a Mortgagee, no default under this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Subject Property made, or their interest in the Subject Property acquired by, any Mortgagee in good faith and for value.
(c) Notice of Default to Mortgagee. If a Mortgagee has submitted a request in writing to City in the manner specified herein for giving notices, City shall exercise its best efforts to provide such Mortgagee written notification from City of any failure or default by Developer in the performance of Developer's obligations under this Agreement, which notification shall be provided to such Mortgagee at such time as such notification is delivered to Developer. (d) Right of Mortgagee to Cure. Any Mortgagee shall have the right, but not the obligation, to cure any failure or default by Developer during the cure period allowed Developer under this Agreement, plus an additional 60 days if, in order to cure such failure or default, it is necessary for the Mortgagee to obtain possession of the Subject Property such as by seeking the appointment of a receiver or other legal process. Any Mortgagee that undertakes to cure or attempt 7-952
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to cure any such failure or default shall provide written notice to City that it is undertaking efforts of such a nature; provided that no initiation of any such efforts by a Mortgagee shall obligate such Mortgagee to complete or succeed in any such curative efforts. (e) Liability for Past Defaults or Obligations. Subject to the foregoing, any Mortgagee, including the successful bidder at a foreclosure sale, who comes into possession of the Project or the Subject Property or any part thereof pursuant to foreclosure, eviction or ot herwise, shall take such property subject to the rights and obligations of this Agreement, and in no event shall any such property be released from any obligations associated with its use and development under the provisions of this Agreement. Nothing in this Section shall prevent City from exercising any remedy it may have for a default under this Agreement; provided, however, that in no event shall such Mortgagee personally be liable for any defaults or monetary obligations of Developer arising prior to acquisition or possession of such property by such Mortgagee unless such Mortgagee desires to develop the Project pursuant to this Agreement. Notwithstanding anything herein to the contrary, any such Mortgagee and its successors shall have no vested right to develop the Project without fully complying with the terms of this Agreement and executing and delivering to the City, in a form and with terms reasonably acceptable to the City, an assumption agreement of Developer’s obligation hereunder.
Section 27. S
everability
If any term, provision, covenant or condition of this Agreement is repealed by referendum or is held by a court of competent jurisdiction or an authorized government enforcement agency to be invalid, void or unenforceable, the remaining provisions, if any, of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.
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ection 2 8. Singular and Plural; Gender; and Person
Except where the context requires otherwise, the singular of any word shall include the plural and vice versa; and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to “person” shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity.
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ection 2 9. Time Is of the Essence
Time is of the essence of this Agreement and of each and every term and condition hereof.
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ection 30. Waiver
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All waivers must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to take any action with respect to an Event of Default as defined in this Agreement . Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party's right to demand strict compliance and specific performance by the other party in the future.
In addition, no express written waiver of any Event of Default shall affect any other Event of Default, or cover any period of time other than as specified in such express waiver.
Section 31. Amendments
This Agreement may be amended from time to time by mutual consent of the original parties or their successors in interest, with City 's costs payable by amendment applicants, in accordance with the provisions of Government Code Sections 65867 and 65868 and City's adopted procedures and requirements for the consideration of amendments to development agreements.
Minor revisions, as described above, shall not require an amendment to this Agreement.
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ection 32. Ambiguities or Uncertainties
The parties hereto have mutually negotiated the terms and conditions of this Agreement and each party received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions contained herein. As such, this Agreement is a product of the joint drafting efforts of both parties and neither party shall be deemed to have solely or independently prepared or framed this Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of either party.
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ection 33. Hold Harmless
Developer hereby agrees to, and shall defend, indemnify and hold harmless City, city council, commissions, boards, subcommittees and City ’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from, any and all claims, costs and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Developer's or Developer's officers’, agents’, consultants’, employees’, contractors’ or subcontractors’ negligent, willful or reckless conduct performed under this Agreement.
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ection 34. Indemnification
Developer shall defend, indemnify and hold harmless City , city council, commissions, boards, subcommittees and City’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to t he legality, validity or adequacy of any of the following: (i) any prior agreements by and between City and 7-954
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Developer; (ii) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved by City; (iii) any environmental determination made by City in connection with the Subject Property, the Project or this Agreement; and (iv) any proceedings or other actions undertaken by City in connection with the adoption or approval of any of the above. In the event of any administrative, legal, equitable action or other proceeding instituted by any third party (including without limitation a governmental entity or official) challenging the legality, validity or adequacy of any of the above items, any portion thereof, and/or any provision of this Agreement, the Parties shall mutually cooperate with each other in defense of said action or proceeding.
Notwithstanding the above, City, at its sole option, may tender the complete defense of any third party challenge as described herein. In the event City elects to contract with special counsel to provide for such a defense, City shall meet and confer with Developer regarding the selection of counsel, and Developer shall pay all costs related to retention of such counsel by City.
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ection 3 5. Delays in Performance
In addition to any other provisions of this Agreement with respect to delay, Developer and City shall be excused for performance of their obligations hereunder during any period of delay caused by acts of God or civil commotion; major acts of terrorism occurring in the United States of America; riots, strikes, picketing, or other labor disputes; shortage of materials or supplies; damage to or prevention of work in process by reason of fire, floods, earthquake, or other casualties; litigation, acts or neglec t of the other party; restrictions imposed or mandated by governmental or quasi -governmental entities; and/or enactment of conflicting provisions of the Constitution, laws of the United States of America, the State of California, or any codes, statutes, regulations or executive mandates promulgated thereunder. If written notice of such delay is given to either party within the later of (i) thirty (30) calendar days the commencement of such delay, or (ii) reasonable period of time following the commencement of such delay as determined in the City’s reasonable discretion, an extension of time for such cause shall be granted in writing for the period of the delay, or longer as may be mutually agreed upon.
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ection 3 6. Events of Default
A default under this Agreement shall be deemed to have occurred upon the happening of one or more of the following events or conditions: (i) a warranty, representation, or statement made or furnished by Developer expressly in this Agreement to City or by City to Developer is false or proves to have been false in any material respect when it was made, and/or (ii) a finding by City made following a periodic review of the Agreement under the procedure provided for in Section 22 of this Agreement, based on substantial evidence, that Developer has not complied in good faith with one or more of the terms or conditions of this Agreement, and/ or (iii) City’s or Developer’s failure to perform any of its material obligations under this Agreement ( each, an “Event of Default”). Upon the occurrence of an Event of Default by Developer or City, the non-defaulting party shall provide the other party thirty (30) calendar days written notice specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured (“Notice of Default”). Subject to any extensions of time by mutual consent of the parties in writing, and subject to the provisions of Section 35 of this Agreement, the failure or unreasonable delay by 7-955
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either party to perform any material term or provision of this Agreement for a period of thirty (30) days after the dispatch of a written notice of default from the other party, or a determination that a warranty, rep resentation, or statement made or furnished by Developer expressly in this Agreement to City is false or proves to have been false in any material respect when it was made, shall constitute a default under this Agreement. If the nature of the alleged default is such that it cannot reasonably be cured within such thirty (30) calendar day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. Any Notice of Default given hereunder shall specify in detail the nature of the alleged Event of Default and the manner in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein specified for cure of an Event of Default, the party charged therewith shall not be considered to be in default for purposes of termination of this Agreement, institution of legal proceedings with respect thereto, or whether any further building permit s shall be issued with respect to the Subject Property.
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ection 3 7. General Default Remedies
Subject to Section 41 (No Damages Relief) of this Agreement, after notice and expiration of the thirty (30) calendar day period without cure, the non-defaulting party shall have such rights and remedies against the defaulting party as it may have at law or in equity, including, but not limited to, the right to terminate this Agreement pursuant to California Government Code Section 65868 or seek mandamus, specific performance, injunctive or declaratory relief. Any rights or remedies available to non-defaulting party under this Agreement and any other rights or remedies that such party may have at law or in equity upon a default by the other party under this Agreement shall be distinct and separate, providing the non- defaulting party with cumulative rights and remedies. None of such rights or remedies, whether or not exercised by the non- defaulting party, shall be deemed to exclude any other rights or remedies available to the non-defaulting party. The non-defaulting party may, in its discretion, exercise any and all of its rights and remedies, at once or in succession, at such time or times as the non-defaulting party considers appropriate.
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ection 38. No Building Permit upon Developer Default
No building permit shall be issued or building permit application accepted for any structure or improvement on the Subject Property after Developer is determined by a court of competent jurisdiction to be in default of any of the material terms and conditions of this Agreement, until such default thereafter is cured by Developer or is waived by City. If City lawfully terminates this Agreement because of Developer's default, then City shall retain any and all benefits, including without limitation any money, improvements, structures, easements or dedications received by City pursuant to any term or condition of this Agreement, and/or Project Entitlements.
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ection 3 9. Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State 7-956
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of California.
S ection 40. Venue
In the event that suit is brought by either party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Central District of California, Riverside, California.
Section 41. No Damages Relief
Notwithstanding anything else in this Agreement to the contrary, the parties acknowledge that neither would have entered into this Agreement had it been exposed to damage claims for any breach hereof. As such, the parties agree that in no event shall either party be entitled to recover damages of any kind whatsoever (other than recovery of costs and attorney’s fees pursuant to the terms of this Agreement or applicable law) against the other for breach of this Agreement.
S ection 42. Legal Action; Attorneys’ Fees
Either party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy a default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, or enforce by specific performance the obligations and rights of the parties hereto. The prevailing party in any such action shall be entitled to its reasonable attorneys’ fees and costs to be paid by the losing party.
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ection 4 3. Notices
Any notice or communication required hereunder between City and Developer shall be in writing, and may be given either personally or by registered mail, return-receipt requested. Notice, whether given by registered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:
To City:
City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, CA 92270
Attention: City Manager
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To Developer:
Christopher McKellar
McKellar McGowan Holdings LLC
5120 Shoreline Place, Suite 280
San Diego, CA 92122
AND
Timothy B. Hobin
Ramon & Rattler Partners, LLC
100 Wilshire Blvd., 4th Floor
Santa Monica, CA 90401
With a copy to:
James D. Vaughn, Esq.
Stowell, Zeilenga, Ruth, Vaughn & Treiger, LLP
4580 E. Thousand Oaks Blvd., Suite 190
Westlake Village, CA 91362
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ection 4 4. Entire Agreement
This Agreement and the exhibits attached hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement and the exhibits attached hereto, any prior corres pondence, memoranda, warranties, representations and agreements unless otherwise provided in this Agreement, are superseded in total by this Agreement and the exhibits attached hereto.
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ection 4 5. Recordation; Subordination
a. In order to comply with Section 65868.5 of the Development Agreement Statute, the parties do hereby direct City Clerk to cause a copy of this Agreement to be recorded with the Riverside County Recorder’s Office within ten (10) days after the Enacting Ordinance takes effect.
b. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof, including the lien of any mortgage. In the event the Property is encumbered with a lien (including without limitation a lien held by or in favor of any lenders, lessees and other interested parties) at time of recordation of this Agreement, Developer shall ensure any and all 7-958
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such otherwise superior liens are subordinated to this Agreement, to the reasonable satisfaction of City. Notwithstanding the foregoing and except as otherwise specifically stated in the terms of any security instrument held by a mortgagee, no default under this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Subject Property made, or their interest in the Property acquired by, any mortgagee in good faith and for value.
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ection 46. Counterparts
This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument.
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ection 4 7. Consistency of Entitlements with Agreement
The parties hereto acknowledge that it is their intention that all terms, conditions and obligations of any and all entitlements related to the Subject Property and/or Project, or arising from this Agreement shall be consistent with, or at minimum, shall not conflict with, the terms, provisions and obligations of this Agreement. To the extent there is any conflict or inconsistency between the terms of this Agreement and any other provisions in the P roject Entitlements, the terms of this Agreement shall prevail.
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ection 4 8. Authority to Execute Agreement
The person or persons executing this Agreement on behalf of Developer and City warrant and represent that they have the authority to execute this Agreement and the authority to bind Developer and City, as applicable, to the performance of their respective obligations hereunder.
Section 49. Covenant of Good Faith and Fair Dealing
No party shall do anything which shall have the effect of injuring the right of another party to receive the benefits of this Agreement or do anything which would render its performance under this Agreement impossible. Each party shall perform all acts contemplated by this Agreement to accomplish the objectives and purposes of this Agreement.
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ection 50. Partial Invalidity Due to Governmental Action In the event state or federal laws or regulations enacted after the effective date of this Agreement, or formal action of any governmental entity other than City, prevent compliance with one or more provisions of this Agreement, or require changes in plans, maps or permits approved by City, the parties agree that the provisions of this Agreement shall be modified, extended or suspended only to the minimum extent necessary to comply with such laws or regulations.
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Section 51. Further Actions and Instruments
The parties agree to provide reasonable assistance to the other and cooperate to carry out the intent and fulfill the provisions of this Agreement. Each of the parties shall promptly execute and deliver all documents and perform all acts as necessary to carry out the matters contemplated by this Agreement.
Section 52. Prevailing Wages
Developer understands and agrees that it if the Project is subject to compliance with prevailing wage laws, it shall comply with all applicable local, state and federal laws, rules and regulations, including but not limited to California Labor Code 1720 et seq., including but not limited to paying prevailing wages in accordance with the State Labor Code. Without limiting the generality of the forgoing, compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Department of Industrial Relations may be required.
[THIS PORTION LEFT BLANK INTENTIONALLY]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the dates written above.
CITY OF RANCHO MIRAGE
APPROVED:
By: ___________________________
Stephen G. Downs, Mayor
ATTEST:
By: ___________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
By: ____________________________
Colin Kirkpatrick, City Attorney
DEVELOPER
APPROVED:
*By:____________________________
____________________________
Name/Title
*By:____________________________
____________________________
Name/Title
*Signatures must be notarized.
APPROVED AS TO FORM:
By: _____________________
Legal Counsel
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LIST OF EXHIBITS
Exhibit A: Description of Property
Exhibit B: Specific Plan
Exhibit C: Development Impact Fees as of Effective Date
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EXHIBIT “A”
DESCRIPTION OF PROPERTY
[TO BE ATTACHED]
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EXHIBIT “B”
[SPECIFIC PLAN]
[TO BE ATTACHED]
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EXHIBIT “C”
[DEVELOPMENT IMPACT FEES]
[T O BE
ATTACHED]
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ATTACHMENT 6
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RESOLUTION NO. 2024-PC-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL: 1) ADOPT RESOLUTION [NEXT IN LINE] APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM AND MITIGATED NEGATIVE DECLARATION; 2) ADOPT RESOLUTION [NEXT IN LINE] APPROVING GENERAL PLAN ZONING MAP
AMENDMENT, CHANGING HIGH DENSITY RESIDENTIAL LAND USE DESIGNATION TO GENERAL COMMERCIAL FOR APPROXIMATELY 8.3± ACRES FRONTING
RAMON ROAD, AND APPLY AFFORDABLE HOUSING OVERLAY TO
APPROXIMATELY 3.3± ACRES; (3) INTRODUCE AND ADOPT THE ATTACHED ORDINANCE APPROVING CATANA SPECIFIC PLAN; (4) INTRODUCE AND ADOPT
THE ATTACHED ORDINANCE APPROVING THE STATUTORY DEVELOPMENT
AGREEMENT WITH MCKELLER MCGOWAN HOLDINGS, LLC, AND RAMON &
RATTLER PARTNERS, LLC, REGARDING THE DEVELOPMENT OF REAL PROPERTY HAVING [APN: 670-230-021]; (5) ADOPT THE ATTACHED RESOLUTION
APPROVING THE TENTATIVE PARCEL MAP REGARDING THE SUBDIVISION OF APPROXIMATELY 36± ACRES INTO THREE PARCELS, AND PRELIMINARY DEVELOPMENT PLANS FOR PLANNING AREAS 1 AND 2
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, Ramon & Rattler Partners, LLC, is a Delaware limited liability company, authorized to do business in California ("Developer"), which owns approximately thirty-six (36) acres of undeveloped real property located within Section 14, generally located at the northwest corner of Ramon Road and Rattler Road, in Rancho Mirage, County of Riverside, State of California, having Assessors Parcel Numbers [APN:
670-230-021] (the "Subject Property"), which is currently vacant and unimproved land, as more particularly described and depicted in Exhibit "A", attached hereto and incorporated herein by this reference; and
WHEREAS, McKeller McGowan Holdings, LLC, represents it is in escrow to purchase a portion of the Subject Property, identified on Exhibit "A" as "Planning Area 1" or sometimes "PA 1" and "Planning Area 2" or sometimes "PA2" (for purposes of this Resolution, McKeller McGowan Holdings, LLC, and Ramon & Rattler Partners, LLC, are collectively referred to herein as the "Developer"); and WHEREAS, the "Proposed Project" will generally subdivide the Subject Property into three parcels, amend the General Plan Zoning Map to accommodate the proposed uses on the Subject Property, adopt a Specific Plan establishing development standards and guidelines for the three (3) Planning Areas comprising the Subject Property (Planning Area 1: comprised of a up to two hundred ten (210) single 1 7-967
family residences with central clubhouse and related amenities; Planning Area 2 comprised of up to ninety-five (95) affordable apartments and associated recreation area, with an affordable housing overlay; and Planning Area 3: up to seventy-five thousand (75,000) square feet of retail and office uses ranging from restaurants to medical offices); and Preliminary Development Plans for PA 1 and PA2, with Preliminary Development Plans for Planning Area 3 to be provided in the future; and WHEREAS, the Proposed Project includes a General Plan Zoning Map Amendment (Case No. GPZMA23-0002), attached hereto and incorporated herein by this reference as Exhibit "C", changing high density residential land use designation to general commercial for approximately 8.3± acres fronting Ramon Road, and apply affordable housing overlay to approximately 3.3± acres; and
WHEREAS, the Proposed Project includes a Specific Plan (Case No. SP23-0002) ("Catana Specific Plan"), attached hereto and incorporated herein by this reference as Exhibit "D", establishing the development standards and guidelines for three (3) separate Planning Areas regarding the Subject Property; and
WHEREAS, the Proposed Project includes a statutory Development Agreement, Case No. DA 23-0002, by and between the City and the Developer; attached hereto and incorporated herein by this reference as Exhibit "E"; and WHEREAS, the Proposed Project includes a Tentative Parcel Map (TPM23-0004), subdividing the Subject Property into three legal parcel; and related Preliminary Development Plans (PDP23-0006 and PDP23-0007), attached hereto and incorporated herein by this reference as Exhibit "F", affecting Planning Areas 1 and 2; and WHEREAS, the Planning Commission recommends the City Council approve and adopt a Mitigated Negative Declaration ("MND") and mitigation monitoring and reporting program ("MMRP") (attached hereto and incorporated herein by this reference as Exhibit "B") pursuant to Environmental Assessment (Case No. EA23-0006), based upon its determination that there is no substantial evidence in the whole record before it that the Proposed Project will have a significant effect on the environment that has not been mitigated to a level of less than significant, and that the MND reflects the City's independent judgment and analysis of the Proposed Project and its potential impacts on the environment consistent with the provisions of the California Environmental Quality Act and CEQA Guidelines.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO MIRAGE, CALIFORNIA, DOES HEREBY RESOLVES AS FOLLOWS:
SECTION 1. RECITALS AND EXHIBITS
That the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
2 7-968
SECTION 2. EVIDENCE AND ADMINISTRATIVE RECORD
That the Planning Commission conducted a noticed Public Hearing on March 28, 2024, and considered all of the evidence submitted into the administrative record for the Proposed Project, including, but not limited to, the following, which are all hereby incorporated herein by reference:
(a) Rancho Mirage Municipal Code;
(b) Rancho Mirage General Plan and Title 17 (Zoning) of the Rancho Mirage Municipal Code and all relevant provisions contained therein; (c) General Plan Zoning Map Amendment (GPZMA23-0002);
(d) Catana Specific Plan (SP23-0002);
(e) Development Agreement (DA23-0002) by and between the City and the Developer;
(f) Tentative Parcel Map (TPM23-0004);
(g) Preliminary Development Plans (PDP23-0006 and PDP23-0007), (h) Initial Study,
(i) Notice of Intent to adopt MND,
U) MND and MMRP,
(k) Notice of Planning Commission Public Hearing scheduled for March 28, 2024, at 2:00 p.m. in the Council Chamber, located at City Hall at 69-825 Highway 111, Rancho Mirage, California;
(I) Planning Commission Staff Report, attachments and Staff presentation for the Proposed Project, and all public documents, records and references related thereto submitted or provided at or prior to the March 28, 2024, Planning Commission Public Hearing;
(m) Testimony and/or comments from Developer and its representatives submitted or provided at, or prior to, the March 28, 2024, Planning Commission Public Hearing; and
(n) Testimony and/or comments from all persons that were provided in written format or correspondence, at, or prior to, the March 28, 2024, Planning Commission Public Hearing.
SECTION 3. RECOMMENDATIONS
That based on the foregoing Recitals and the Evidence contained in the Administrative Record for the Proposed Project, as set forth and described herein, and the findings and determinations set forth in the March 28, 2024, Planning Commission Staff Report and the attached ordinances and resolutions, the Planning Commission recommends that the City Council take the following actions:
a) Approve and Adopt the attached Resolution, Adopting the MND and MMRP; b) Adopt the attached Resolution approving the General Plan Zoning Map Amendment;
c) Introduce and adopt the attached Ordinance approving the Catana Specific Plan;
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d) Introduce and adopt the attached Ordinance approving the Development Agreement by and between the City and the Developer; and e) Adopt the attached Resolution, approving the Tentative Parcel Map (TPM23- 0004) and Preliminary Development Plans (PDP23-0006 and PDP23-0007).
SECTION 4. EFFECTIVE DATE
That this Resolution shall take effect immediately upon its adoption.
SECTION 5. SEVERABILITY
That if any provision, section, paragraph, sentence or word of Resolution or any portion of the Administrative Record for the Proposed Project be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words as hereby adopted shall remain in full force and effect.
SECTION 7. CERTIFICATION.
That the Secretary to the Planning Commission shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
SECTION 8. REPEAL OF CONFLICTING PROVISIONS.
That all provisions of any resolution in effect prior to the effective date of this Resolution as adopted by the Planning Commission that are in conflict with the provisions of this Resolution, are hereby repealed.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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PASSED AND ADOPTED on this 28th day of March, 2024.
David Grey, Chair
ATTEST:
Kristie Ramos, Board Secretary
APPROVED AS TO FORM:
Colin D. Kirkpatrick, City Attorney
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EXHIBIT "A"
SUBJECT PROPERTY
(SEE ATTACHED)
6 Catana Specific Plan - Subject Property
Envi
ronmental Assessment Case No. EA23-0006; Development Agreement Case No. DA23-0002; General Plan Zoning Map Amendment Case No. GPZMA23-0002; Specific Plan Case No. SP23-0002; Tentative Parcel Map Case No. TPM23- 0004 (Tentative Parcel Map 38834); and Preliminary Development Permit Case Nos. PDP23-0006 and PDP23-0007 7-972
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EXHIBIT "B"
RESOLUTION APPROVING A MITIGATED NEGATIVE
DECLARATION (SCH#2023120616) AND A MITIGATION
MONITORING AND REPORTING PROGRAM
(SEE ATTACHED)
7 1
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE, CALIFORNIA, ADOPT ING AND APPROVING A MITIGATED NEGATIVE DECLARATION (SCH#2023120616) AND A MITIGATION
MONITORING AND REPORTING PROGRAM REGARDING CATANA
SPECIFIC PLAN (SP23-0002), GENERAL PLAN ZONING MAP
AMENDMENT (GPZMA23-0002), STATUTORY DEVELOPMENT
AGREEMENT (DA23-0002), TENTATIVE PARCEL MAP (TPM23 -0004) AND PRELIMINARY DEVELOPMENT PLANS (PDP23-0006 and PDP23- 0007)
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, the “ Proposed Project” will generally subdivide the “Subject Property”, as defined in the March 28, 2024, Rancho Mirage Planning Commission Resolution [TO BE INSERTED], into three parcels, amend the General Plan Zoning Map to accommodate the proposed uses on the Subject Property, adopt a Speci fic Plan establishing development standards and guidelines for the three (3) Planning Areas
comprising the Subject Property (Planning Area 1: comprised of a up to two hundred ten (210) single family residences with central clubhouse and related amenities; Planning Area 2 comprised of up to ninety-five (95) affordable apartments and associated recreation area, with an affordable housing overlay; and Planning Area 3: up to seventy- five thousand (75,000) square feet of retail and office uses ranging from restaurants to medical offices); and Preliminary Development Plans for PA 1 and PA2, with Preliminary Development Plans for Planning Area 3 to be provided in the future; and WHEREAS, the Proposed Project includes a General Plan Zoning Map Amendment (Case No. GPZMA23-0002), Specific Plan (Case No. SP23-0002) (“Catana Specific Plan”), a statutory Development Agreement (Case No. DA 23-0002); a Tentative Parcel Map ( TPM23-0004), and related Preliminary Development Plans ( PDP23-0006 and PDP23-0007); and
WHEREAS, on March 28, 2024, the Rancho Mirage Planning Commission adopted Resolution [TO BE INSERTED], incorporated herein by this reference, recommending, in part, the City Council approve and adopt this Resolution, adopting the Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”); and
WHEREAS, the Planning Commission has reviewed the draft Mitigation Monitoring and Reporting Program and proposed Mitigated Negative Declaration (SCH#2023120616) regarding the Proposed Project, attached hereto and incorporated herein by this reference as Exhibit “A”.
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2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. RECITALS AND EXHIBITS
That the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
SECTION 2. EVIDENCE AND ADMINISTRATIVE RECORD
That the City Council has considered all of the evidence (“Evidence”) submitted into the administrative record (“Administrative Record”) for the Proposed Project, including, but not limited to, the following, which are all hereby incorporated herein by reference:
(a) Rancho Mirage Municipal Code;
(b) Rancho Mirage General Plan and Title 17 (Zoning) of the Rancho Mirage Municipal Code and all relevant provisions contained therein; (c) General Plan Zoning Map Amendment (GPZMA23-0002);
(d) Catana Specific Plan (SP23-0002);
(e) Development Agreement (DA23- 0002) by and between the City and the Developer;
(f) Tentative Parcel Map (TPM23-0004);
(g) Preliminary Development Plans (PDP23-0006 and PDP23-0007), (h) Initial Study,
(i) Notice of Intent to adopt MND,
(j) MND and MMRP,
(k) Notice of Planning Commission Public Hearing scheduled for March 28, 2024, at 2:00 p.m. in the Council Chamber, located at City Hall at 69- 825 Highway 111, Rancho Mirage, California;
(l) Planning Commission Staff Report, attachments and Staff presentation for the Proposed Project, and all public documents, records and references related thereto submitted or provided at or prior to the March 28 , 202 4, Planning Commission Public Hearing;
(m) Testimony and/or comments from Developer and its representatives submitted or provided at, or prior to, the March 28, 2024, Planning Commission Public Hearing; and
(n) Testimony and/or comments from all persons that were provided in written format or correspondence, at, or prior to, the March 28 , 202 4, Planning Commission Public Hearing.
(o) Initial Study;
(p) Notice of City Council Public Hearing scheduled for [TO BE INSERTED ], 2024, at 1:00 p.m. in the Council Chamber, located at City Hall at 69- 825 Highway 111, Rancho Mirage, California;
(q) City Council Staff Report, attachments and Staff presentation for the Proposed Project, and all public documents, records and references related 7-975
3 thereto submitted or provided at or prior to the [TO BE INSERTED], 2024, City Council Public Hearing;
(r) Testimony and/or comments from Developer and its representatives submitted or provided at, or prior to, the [TO BE INSERTED] , 2024, City Council Public Hearing; and
(s) Testimony and/or comments from all persons that were provided in written format or correspondence, at, or prior to, the [TO BE INSTERTED] , 2024, City Council Public Hearing.
SECTION 3
. FINDINGS AND DETERMINATIONS
That based on the foregoing Recitals and the Evidence contained in the Administrative Record for the Proposed Project, as set forth and described herein, the City Council acknowledges, accepts, and approves, and makes the following Findings and Determinations:
(a) That the City has independently reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring Plan, and the whole record before it (including, the Initial Study and comments received) and, based on the foregoing, the City Council hereby finds that all environmental impacts of the P roposed Project, with mitigation measures, are below a level of significance and there is no substantial evidence supporting a fair argument that the Proposed Project will have a significant effect on the environment.
(b) That the Mitigated Negative Declaration and Mitigation Monitoring Plan have been completed in compliance with CEQA and CEQA Guidelines.
(c) That t he Mitigated Negative Declaration and Mitigation Monitoring Plan represent the independent judgment and analysis of the Planning Commission and City Council as lead agency for the Proposed Project.
(d) That the Mitigated Negative Declaration and Mitigation Monitoring Plan are adequate to serve as the required CEQA environmental documentation for the Proposed Project.
SECTION 4
. ADOPT THE MITIGATION MONITORING AND
REPORTING PROGRAM AND APPROVAL OF MITIGATED
NEGATIVE DECLARATION
T
hat based on the Findings and Determinations set forth herein and the substantial evidence included in the Recitals, Exhibits and Evidence contained in Administrative Record, the City Council hereby adopts the Mitigation Monitoring and Reporting Program and approves the Mitigated Negative Declaration, including the findings set forth therein which support a determination that all potentially significant environmental impacts from 7-976
4 implementation of the Proposed Project have been identified and, with the implementation of the mitigation measures defined and set forth in the Mitigation Monitoring and Reporting Program, will be mitigated to a less-than-significant level.
SECTION 5
. NOTICE OF DETERMINATION
That the City Council authorizes and directs the Planning Division to prepare, execute, and file a Notice of Determination in accordance with Public Resource Code Section 21152.
SECTION 6
. EFFECTIVE DATE
That this Resolution shall take effect immediately upon its adoption.
SECTION
7. SEVERABILITY
That if any provision, section, paragraph, sentence or word of Resolution or any portion of the Administrative Record for the Proposed Project be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words as hereby adopted shall remain in full force and effect.
SECTION 8
. CERTIFICATION.
That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
SECTION 9.
REPEAL OF CONFLICTING PROVISIONS.
That all provisions of any resolution in effect prior to the effective date of this Resolution as adopted by the City Council that are in conflict with the provisions of this Resolution, are hereby repealed.
7-977
5 PASSED AND ADOPTED on this ___ day of ____, 2024.
_________________________
Steve Downs, Mayor
ATTEST:
_____________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
_____________________________
Colin Kirkpatrick, City Attorney
7-978
6 EXHIBIT “A”
MITIGATED NEGATIVE DECLARATION &
MITIGATION MONITORING AND REPORTING PROGRAM
[TO BE ATTACHED]
7-979
7-980
l
EXHIBIT "C"
RESOLUTION APPROVING GENERAL PLAN ZONING
MAP AMENDMENT (CASE NO. GPZMA23-0002)
(SEE ATTACHED)
8 1
RESOLUTION NO. ___________
A R ESOL UT
ION OF THE CITY COUNCIL OF RANCHO MIRAGE,
CALIFORNIA, APPROVING GENERAL PLAN ZONING MAP
AMENDMENT AMENDING APPROXIMATELY 36 ACRES OF SECTION
14, AND APPLYING AFFORDABLE HOUSING OVERLAY TO
APPROXIMATELY 3.3 ACRES AND CHANGING THE LAND USE
DESIGNATION OF APPROXIMATELY 8.3 ACRES FROM HIGH
DENSITY RESIDENTIAL (R-H) TO GENERAL COMMERCIAL (C-G)
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, on March 28, 2024, the Rancho Mirage Planning Commission adopted Resolution [TO BE INSERTED], incorporated herein by this reference, recommending, in part, the City Council approve and adopt this Resolution, approving the General Plan Zoning Map Amendment (GPZMA23-0002), as described in more detail In Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, on [TO BE INSERTED], at a duly noticed meeting of the City Council, the City Council approved Resolution No. 2024 -[TO BE INSERTED] adopting the Mitigation Monitoring and Reporting Program and approv ing the Mitigated Negative Declaration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
RECITALS AND EXHIBITS
That t
he foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
SECTION 2. CONSISTENCY WITH GENERAL PLAN
That the
City Council finds the GPZMA23-0002 is consistent with the General Plan.
SECTION 3 . ADOPT GENERAL PLAN ZONING MAP AMENDMENT
That th e City
Council hereby approves General Plan Zoning Map Amendment (GPZMA23-0002).
SECTION 4. CEQA COMPLIANCE
7-981
2 That pursuant to Resolution 2024- [TO BE INSERTED], the City Council adopt ed the Mitigation Monitoring and Reporting Program and approv ing the Mitigated Negative Declaration.
SECTION 5. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
SECTION 6 . AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this Resolution necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
SECTION 7
. EFFECTIVE DATE
That this Resolution shall take effect immediately upon its adoption.
SECTION 8. SEVERABILITY
That if any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words as hereby adopted shall remain in full force and effect.
SECTION 9
. CERTIFICATION.
That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
SECTION 1 0. REPEAL OF CONFLICTING PROVISIONS.
That all provisions of any resolution and/or General Plan Zoning Map, in effect prior to the effective date of this Resolution as adopted by the City Council that are in conflict with the provisions of this Resolution, are hereby repealed.
7-982
3 The foregoing Resolution was approved and adopted at a meeting of the City Council held on ________________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF RANCHO MIRAGE:
__________________________
Steve Downs, Mayor
ATTEST:
_______________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
_______________________________
Colin Kirkpatrick, City Attorney
7-983
4 EXHIBIT “A”
GENERAL PLAN ZONING MAP AMENDMENT
CASE NO. GPZMA23-0002
[TO BE ATTACHED]
7-984
7-985
j
EXHIBIT "D"
ORDINANCE APPROVING CATANA SPECIFIC PLAN
(SEE ATTACHED)
9 1
ORDINANCE NO. ___________
AN O RDINANCE
OF THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE, CALIFORNIA, APPROVING CATANA SPECIFIC PLAN (SP23- 0002)
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, on March 28, 2024, the Rancho Mirage Planning Commission adopted Resolution [TO BE INSERTED], incorporated herein by this reference, recommending, in part, the City Council introduce and adopt this Ordinance, approving and adopting the Catana Specific Plan (SP23-0002) (the “Proposed Project”), attached hereto and incorporated herein by this reference as Exhibit “A”, establishing the development standards and guidelines for three (3) separate Planning Areas regarding the Subject Property, as defined in the associated March 28, 2024, Rancho Mirage Planning Commission Resolution; and
WHEREAS, on [TO BE INSERTED], at a duly noticed meeting of the City Council, the City Council approved Resolution No. 2024- [TO BE INSERTED] adopt ing the Mitigation Monitoring and Reporting Program and approv ing the Mitigated Negative Declaration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
RECITALS AND EXHIBITS
That t
he foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
SECTION 2. E VIDENCE AND ADMINISTRATIVE RECORD
That the
City Council has considered all of the evidence (“Evidence”) submitted into the administrative record (“Administrative Record”) for the Proposed Project, including, but not limited to, the following, which are all hereby incorporated herein by reference:
(a) R
ancho
Mirage Municipal Code;
(b) Rancho Mirage General Plan and Title 17 (Zoning) of the Rancho Mirage Municipal Code and all relevant provisions contained therein; (c) Catana Specific Plan (SP23-0002);
(d) General Plan Zoning Map Amendment (GPZMA23-0002)
(e) Development Agreement (DA23- 0002) by and between the City and the Developer;
7-986
2 (f) Tentative Parcel Map (TMP23-0004);
(g) Preliminary Development Plans (PDP23-0006 and PDP23-0007), (h) Initial Study,
(i) Notice of Intent to adopt MND,
(j) MND and MMRP,
(k) Notice of Planning Commission Public Hearing scheduled for March 28, 2024, at 2:00 p.m. in the Council Chamber, located at City Hall at 69- 825 Highway 111, Rancho Mirage, California;
(l) Planning Commission Staff Report, attachments and Staff presentation for the Proposed Project, and all public documents, records and references related thereto submitted or provided at or prior to the March 28 , 202 4, Planning Commission Public Hearing;
(m) Testimony and/or comments from Developer and its representatives submitted or provided at, or prior to, the March 28, 2024, Planning Commission Public Hearing; and
(n) Testimony and/or comments from all persons that were provided in written format or correspondence, at, or prior to, the March 28 , 202 4, Planning Commission Public Hearing.
(o) Notice of City Council Public Hearing scheduled for [TO BE INSERTED], 2024, at 1:00 p.m. in the Council Chamber, located at City Hall at 69- 825 Highway 111, Rancho Mirage, California;
(p) City Council Staff Report, attachments and Staff presentation for the Proposed Project, and all public documents, records and references related thereto submitted or provided at or prior to the [TO BE INSERTED] , 2024, City Council Public Hearing;
(q) Testimony and/or comments from Developer and its representatives submitted or provided at, or prior to, the [TO BE INSERTED] , 2024, City Council Public Hearing; and
(r) Testimony and/or comments from all persons that were provided in written format or correspondence, at, or prior to, the [TO BE INSTERTED] , 2024, City Council Public Hearing.
SECTION 3
. FINDINGS AND DETERMINATIONS
That based on the foregoing Recitals and the Evidence contained in the Administrative Record for the Proposed Project, as set forth and described herein, the City Council acknowledge, accept, and approve, and make the following Findings and Determinations:
(a) That the proposed Catana Specific Plan is consistent with the General Plan; (b) The proposed Catana Specific Plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city; (c) The Subject Property is physically suitable for the requested zoning district(s), planning areas and the anticipated land use developments; 7-987
3 (d) The proposed Catana Specific Plan ensures development of desirable character which would be harmonious with existing and proposed development in the surrounding neighborhood; and
(e) The Proposed Project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and pursuant to the California Environmental Quality Act (CEQA) Section 15074 the intent is to adopt a Mitigated Negative Declaration (SCH#2023120616) based on Environmental Assessment Case No. EA23-0006.
SECTION 4
. ADOPT SPECIFIC PLAN
That the City Council hereby approves the Catana Specific Plan (SP23-0002).
SECTION 5
. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its adoption.
SECTION
6. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this ordinance pursuant to Section
1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the authority to adopt this ordinance, that the ordinance is constitutionally valid and that the ordinance is consistent with the general powers and purposes of the City as set forth in Section 1.04.031 of the RMMC.
SECTION 7
. SEVERABILITY
That if any provision, section, paragraph, sentence or word of this Ordinance or any portion of the Administrative Record for the Proposed Project be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words as hereby adopted shall remain in full force and effect.
SECTION 8
. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
SECTION 9.
REPEAL OF CONFLICTING PROVISIONS
That all provisions of any ordinance and/or Municipal Code in effect prior to the effective date of this Ordinance as adopted by the City Council that are in conflict with the provisions of this Ordinance , are hereby repealed.
7-988
4 SECTION 1 0. AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this Ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
7-989
5 The foregoing Ordinance was approved and adopted at a meeting of the City Council held on ________________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF RANCHO MIRAGE:
__________________________
Steve Downs, Mayor
ATTEST:
_______________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
_______________________________
Colin D. Kirkpatrick, City Attorney
7-990
6 EXHIBIT “A”
CATANA SPECIFIC PLAN
[TO BE ATTACHED]
7-991
7-992
J
EXHIBIT "E"
ORDINANCE APPROVING STATUTORY DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF RANCHO MIRAGE AND MCKELLER
MCGOWAN HOLDINGS, LLC, AND RAMON & RATTLER PARTNERS, LLC (SEE ATTACHED)
10 1
ORDINANCE NO. ___________
AN O RDINANCE
OF THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE, CALIFORNIA, APPROVING STATUTORY DEVELOPMENT
AGREEMENT WITH RAMON & RATTLER PARTNERS, LLC, AND
MCKELLER MCGOWAN HOLDINGS, LLC
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, Ramon & Rattler Partners, LLC, is a Delaware limited liability company, authorized to do business in California, which owns approximately thirty -six (36) acres of undeveloped real property located within Section 14, generally located at the northwest corner of Ramon Road and Rattler Road, in Rancho Mirage, County of Riverside, State of California, having Assessor’s Parcel Number 670-230-021 (the “Subject Property”), which is currently vacant and unimproved land, as more particularly described and depicted in Exhibit “A”, attached hereto and incorporated herein by this reference; and
WHEREAS, McKeller McGowan Holdings, LLC, represents it is in escrow to purchase a portion of the Subject Property, identified on Exhibit “A” as “Planning Area 1” or sometimes “PA1”, and “Planning Area 2” or sometimes “PA2” (for purposes of this Ordinance, McKeller McGowan Holdings, LLC, and Ramon & Rattler Partners, LLC, are collectively referred to herein as the “Developer”); and WHEREAS, for purposes of this Ordinance, the “Proposed Project” includes a Statutory Development Agreement (the “Development Agreement”) providing for the development of up to 75,000 square feet of commercial space, and up to 305 housing units for lease, inclusive of ninety -five (95) housing units for affordable to lower income households, all as provided through the Development Agreement and Project Entitlements, as that term is defined in the Development Agreement; and WHEREAS, as set forth in more detail in the Development Agreement, Developer shall record a covenant against Parcel 2 of Tentative Parcel Map 38834, which shall provide that residential units developed on the said portion of the Subject Property shall be rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing; and WHEREAS, on March 28, 2024, the Rancho Mirage Planning Commission adopted Resolution [TO BE INSERTED], incorporated herein by this reference, recommending, in part, the City Council introduce and adopt this Ordinance, approving and adopting the proposed Statutory Development Agreement, attached hereto and 7-993
2 incorporated herein by this reference as Exhibit “B”; and
WHEREAS, on [TO BE INSERTED], at a duly noticed meeting of the City Council, the City Council approved Resolution No. 2024-[ TO BE INSERTED] adopt ing the Mitigation Monitoring and Reporting Program and approv ing the Mitigated Negative Declaration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES HEREBY RESOLVES AS FOLLOWS:
SECTION 1. RECITALS AND EXHIBITS
That the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
SECTION 2.
CONSISTENCY WITH GENERAL PLAN
That based on the foregoing Recitals and the evidence contained in the Administrative Record for the Proposed Project, the City Council finds that the Development Agreement is consistent with the General Plan and applicable Specific Plan.
SECTION 3 . ADOPT STATUTORY DEVELOPMENT AGREEMENT
That the City Council hereby adopts and approves the Development Agreement.
SECTION
4. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its adoption.
SECTION
5. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this ordinance pursuant to Section
1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the authority to adopt this ordinance, that the ordinance is constitutionally valid and that the ordinance is consistent with the general powers and purposes of the City as set forth in Section 1.04.031 of the RMMC.
SECTION 6
. RECORDATION OF DEVELOPMENT AGREEMENT
That in accordance with Section 17.56.050 of the City’s Municipal Code, the City Clerk is hereby directed to record the fully executed Statutory Development Agreement with the Riverside County Recorder no later than ten (10) days after its execution. 7-994
3 SECTION 7. SEVERABILITY
That if any provision, section, paragraph, sentence or word of this Ordinance or any portion of the administrative record for the Proposed Project be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words as hereby adopted shall remain in full force and effect.
SECTION 8
. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
SECTION 9.
REPEAL OF CONFLICTING PROVISIONS
That all provisions of any ordinance and/or Municipal Code in effect prior to the effective date of this Ordinance as adopted by the City Council that are in conflict with the provisions of this Ordinance , are hereby repealed.
SECTION 1 0
. AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this Ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
7-995
4 The foregoing Ordinance was approved and adopted at a meeting of the City Council held on ________________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF RANCHO MIRAGE:
__________________________
Steve Downs, Mayor
ATTEST:
_______________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
_______________________________
Colin D. Kirkpatrick, City Attorney
7-996
5 EXHIBIT “A”
SUBJECT PROPERTY
[TO BE ATTACHED]
7-997
6 EXHIBIT “B”
STATUTORY DEVELOPMENT AGREEMENT
[TO BE ATTACHED]
7-998
7-999
J
EXHIBIT "F"
RESOLUTION APPROVING TENTATIVE PARCEL MAP AND PRELIMINARY DEVELOPMENT PLANS (TPM23-0004, PDP23-0006 AND PDP23-0007) (TO BE ATTACHED)
11 1
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
(TPM23-0004) AND PRELIMINARY DEVELOP MENT PLANS (PDP23- 0006 & PDP23-0007)
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, on March 28, 2024, the Rancho Mirage Planning Commission adopted Resolution [TO BE INSERTED], incorporated herein by this reference, recommending, in part, the City Council approve and adopt this Resolution, approving the Tentative Parcel Map (TPM23- 0004) and Preliminary Development Plans PDP23- 0006 and PDP23 -0007 (collectively, the “Preliminary Development Plans”) (collectively, TPM23-0004 and the Preliminary Development Plans are sometimes referred to herein as the “Proposed Project”); and
WHEREAS, Tentative Parcel Map (TPM23-0004) subdivides the approximately 36 acre subject property into three (3) legal parcels; and WHEREAS, the Preliminary Development Plans are associated with Planning Area 1 (regarding up to 210 single family residences with central clubhouse and related amenities) and Planning Area 2 (regarding up to ninety -five (95) apartments and associates recreation area), with a separate Preliminary Development Plan(s) to be submitted for Planning Area 3 at some point in the future; and WHEREAS, on [TO BE INSERTED], at a duly noticed meeting of the City Council, the City Council approved Resolution No. 2024- [TO BE INSERTED] adopt ing the Mitigation Monitoring and Reporting Program and approv ing the Mitigated Negative Declaration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES HEREBY RESOLVES AS FOLLOWS:
SECTION 1.
RECITALS AND EXHIBITS
That t
he foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
SECTION 2. E VIDENCE AND ADMINISTRATIVE RECORD
That th
e City Council has considered all of the evidence(“Evidence”) submitted into the administrative record (“Administrative Record”) for the Proposed Project, including, but not limited to, the following, which are all hereby incorporated herein by reference:
7-1000
2 (a) Rancho Mirage Municipal Code;
(b) Rancho Mirage General Plan and Title 17 (Zoning) of the Rancho Mirage Municipal Code and all relevant provisions contained therein; (c) Catana Specific Plan (SP23-0002);
(d) General Plan Zoning Map Amendment (GPZMA23-0002)
(e) Development Agreement (DA23- 0002) by and between the City and the Developer;
(f) Tentative Parcel Map (TMP23-0004);
(g) Preliminary Development Plans (PDP23-0006 and PDP23-0007), (h) Initial Study,
(i) Notice of Intent to adopt MND,
(j) MND and MMRP,
(k) Notice of Planning Commission Public Hearing scheduled for March 28, 2024, at 2:00 p.m. in the Council Chamber, located at City Hall at 69- 825 Highway 111, Rancho Mirage, California;
(l) Planning Commission Staff Report, attachments and Staff presentation for the Proposed Project, and all public documents, records and references related thereto submitted or provided at or prior to the March 28 , 202 4, Planning Commission Public Hearing;
(m) Testimony and/or comments from Developer and its representatives submitted or provided at, or prior to, the March 28, 2024, Planning Commission Public Hearing; and
(n) Testimony and/or comments from all persons that were provided in written format or correspondence, at, or prior to, the March 28 , 202 4, Planning Commission Public Hearing.
(o) Notice of City Council Public Hearing scheduled for [ TO BE INSERTED ], 2024, at 1:00 p.m. in the Council Chamber, located at City Hall at 69- 825 Highway 111, Rancho Mirage, California;
(p) City Council Staff Report, attachments and Staff presentation for the Proposed Project, and all public documents, records and references related thereto submitted or provided at or prior to the [ TO BE INSERTED], 2024, City Council Public Hearing;
(q) Testimony and/or comments from Developer and its representatives submitted or provided at, or prior to, the [TO BE INSERTED ], 2024, City Council Public Hearing; and
(r) Testimony and/or comments from all persons that were provided in written format or correspondence, at, or prior to, the [ TO BE INSTERTED], 2024, City Council Public Hearing.
SECTION 3.
FINDINGS AND DETERMINATIONS
That based on the foregoing Recitals and the Evidence contained in the Administrative Record for the Proposed Project, as set forth and described herein, the City Council acknowledges, accepts, and approves, and makes the following Findings and Determinations:
7-1001
3 (a) That Tentative Parcel Map ( TPM23-0004) is consistent with the General Plan and applicable Specific Plan;
(b) That the design and improvements related to Tentative Parcel Map (TPM23-0004) are consistent with the General Plan and applicable Specific Plan;
(c) That site covered by Tentative Parcel Map ( TPM23-0004) is physically suitable for the type of development;
(d) That the site covered by Tentative Parcel Map (TPM23-0004) is physically suitable for the proposed density of development;
(e) That Tentative Parcel Map ( TPM23-0004) design and the proposed improvements are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat; (f) That the design and type of improvements related to Tentative Parcel Map (TPM23-0004) will not likely cause serious public health problems; (g) That the design and type of improvements related to Tentative Parcel Map (TPM23-0004) will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision;
(h) That proposed development under Preliminary Development Plan s are allowed withing the respective zoning district as permitted under the General Plan and applicable Specific Plan;
(i) That Preliminary Development Plans are generally in compliance with all of the applicable provisions of Title 17 that are necessary to carry out the purpose and requirements of the respective zoning district, including prescribed development standards and applicable design guidelines; (j) That Preliminary Development Plans are consistent with the General Plan and applicable Specific Plan; and
(k) That the Proposed Project which includes Tentative Parcel Map ( TPM23- 0004) and Preliminary Development Plans have been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and pursuant to the California Environmental Quality Act (CEQA) Section 15074 the intent is to adopt a Mitigated Negative Declaration (SCH#2023120616) based on Environmental Assessment Case No. EA23- 0006.
SECTION 4
. T ENTATIVE PARCEL MAP CASE NO. TPM23-0004
That based on the foregoing Recitals and the Evidence contained in the Administrative Record for the Proposed Project which includes Tentative Parcel Map (TPM23-0004), and the Findings and Determinations set forth herein, the City Council hereby approves Tentative Parcel Map ( Case No. T PM23-0004), attached hereto as Exhibit “A”, and incorporated herein by this reference.
7-1002
4 SECTION 5. PRELIMINARY DEVELOPMENT PLANS
That based on the foregoing Recitals and the Evidence contained in the Administrative Record for the Proposed Project, which includes Preliminary Development Plans (PDP23-0006 and PDP23- 0007), and the Findings and Determinations set forth herein, the City Council hereby approves Preliminary Development Plans, attached hereto as Exhibits “B” and “C”, and incorporated herein by this reference. .
SECTION
6. EFFECTIVE DATE
That this Resolution shall take effect immediately upon its adoption.
SECTION
7. SEVERABILITY
That if any provision, section, paragraph, sentence or word of Resolution or any portion of the Administrative Record for the Proposed Project be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words as hereby adopted shall remain in full force and effect.
SECTION 8
. CERTIFICATION
That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
SECTION 9.
REPEAL OF CONFLICTING PROVISIONS
That all provisions of any resolution in effect prior to the effective date of this Resolution as adopted by the City Council that are in conflict with the provisions of this Resolution, are hereby repealed.
7-1003
5 PASSED AND ADOPTED on this ___ day of ____, 2024.
_________________________
Steve Downs, Mayor
ATTEST:
_____________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
_____________________________
Colin D. Kirkpatrick, City Attorney
7-1004
6 EXHIBIT “A”
TENTATIVE PARCEL MAP
[TO BE ATTACHED]
7-1005
7 EXHI
BIT “B”
PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0006 EXHIBIT BOOKLET [TO BE ATTACHED]
7-1006
8 EXHIBIT
“C”
PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0007 EXHIBIT BOOKLET [TO BE ATTACHED]
7-1007
7-1008
CERTIFICATION
STATE OF CALIFORNIA )
)
COUNTY OF RIVERSIDE )
)
CITY OF RANCHO MIRAGE )
I, Kristie Ramos, Secretary of the City of Rancho Mirage Planning Commission, do hereby certify that Resolution No. 2024-PC-01 was duly adopted by the City of Rancho Mirage Planning Commission at a regular meeting thereof held on the 28th day of March 2024, by the following vote:
AYES:
NOES:
ABSTAIN :
ABSENT:
Agostini, Bryant, Curran, Grey.
None.
None.
Chanter.
12 Kristie Ramos
Board Secretary
1 RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE, CALIFORNIA, ADOPT ING AND APPROVING A MITIGATED NEGATIVE DECLARATION (SCH#2023120616) AND A MITIGATION
MONITORING AND REPORTING PROGRAM REGARDING CATANA
SPECIFIC PLAN (SP23-0002), GENERAL PLAN ZONING MAP
AMENDMENT (GPZMA23-0002), STATUTORY DEVELOPMENT
AGREEMENT (DA23-0002), TENTATIVE PARCEL MAP (TPM23 -0004) AND PRELIMINARY DEVELOPMENT PLANS (PDP23-0006 and PDP23- 0007)
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, the “ Proposed Project” will generally subdivide the “Subject Property”, as defined in the March 28, 2024, Rancho Mirage Planning Commission Resolution No. 2024-PC-01, into three parcels, amend the General Plan Zoning Map to accommodate the proposed uses on the Subject Property, adopt a Specific Plan establishing development standards and guidelines for the three (3) Planning Areas
comprising the Subject Property (Planning Area 1: comprised of a up to two hundred ten (210) single family residences with c entral clubhouse and related amenities; Planning Area 2 comprised of up to ninety -five (95) affordable apartments and associated recreation area, with an affordable housing overlay; and Planning Area 3: up to seventy- five thousand (75,000) square feet of retail and office uses ranging from restaurants to medical offices); and Preliminary Development Plans for PA 1 and PA2, with Preliminary Development Plans for Planning Area 3 to be provided in the future; and WHEREAS, the Proposed Project includes a General Plan Zoning Map Amendment (Case No. GPZMA23-0002), Specific Plan (Case No. SP23-0002) (“Catana Specific Plan”), a statutory Development Agreement (Case No. DA 23-0002); a Tentative Parcel Map ( TPM23-0004), and related Preliminary Development Plans ( PDP23-0006 and PDP23-0007); and
WHEREAS, on March 28, 2024, the Rancho Mirage Planning Commission adopted Resolution No. 2024- PC-01, incorporated herein by this reference, recommending, in part, the City Council approve and adopt this Resolution, adopting the Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”); and
WHEREAS, the Planning Commission has reviewed the draft Mitigation Monitoring and Reporting Program and proposed Mitigated Negative Declaration (SCH#2023120616) regarding the Proposed Project, attached hereto and incorporated herein by this reference as Exhibit “A”.
ATTACHMENT 7
7-1009
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. RECITALS AND EXHIBITS
That the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
SECTION 2. EVIDENCE AND ADMINISTRATIVE RECORD
That the City Council has considered all of the evidence (“Evidence”) submitted into the administrative record (“Administrative Record”) for the Proposed Project, including, but not limited to, the following, which are all hereby incorporated herein by reference:
(a) Rancho Mirage Municipal Code;
(b) Rancho Mirage General Plan and Title 17 (Zoning) of the Rancho Mirage Municipal Code and all relevant provisions contained therein; (c) General Plan Zoning Map Amendment (GPZMA23-0002);
(d) Catana Specific Plan (SP23-0002);
(e) Development Agreement (DA23- 0002) by and between the City and the Developer;
(f) Tentative Parcel Map (TPM23-0004);
(g) Preliminary Development Plans (PDP23-0006 and PDP23-0007), (h) Initial Study,
(i) Notice of Intent to adopt MND,
(j) MND and MMRP,
(k) Notice of Planning Commission Public Hearing scheduled for March 28, 2024, at 2:00 p.m. in the Council Chamber, located at City Hall at 69- 825 Highway 111, Rancho Mirage, California;
(l) Planning Commission Staff Report, attachments and Staff presentation for the Proposed Project, and all public documents, records and references related thereto submitted or provided at or prior to the March 28 , 202 4, Planning Commission Public Hearing;
(m) Testimony and/or comments from Developer and its representatives submitted or provided at, or prior to, the March 28, 2024, Planning Commission Public Hearing; and
(n) Testimony and/or comments from all persons that were provided in written format or correspondence, at, or prior to, the March 28 , 202 4, Planning Commission Public Hearing.
(o) Initial Study;
(p) Notice of City Council Public Hearing scheduled for April 18, 2024, at 1:00 p.m. in the Council Chamber, located at City Hall at 69- 825 Highway 111, Rancho Mirage, California;
(q) City Council Staff Report, attachments and Staff presentation for the Proposed Project, and all public documents, records and references related 7-1010
3 thereto submitted or provided at or prior to the April 18, 2024, City Council Public Hearing;
(r) Testimony and/or comments from Developer and its representatives submitted or provided at, or prior to, the April 18, 2024, City Council Public Hearing; and
(s) Testimony and/or comments from all persons that were provided in written format or correspondence, at, or prior to, the April 18, 2024, City Council Public Hearing.
SECTION 3
. FINDINGS AND DETERMINATIONS
That based on the foregoing Recitals and the Evidence contained in the Administrative Record for the Proposed Project, as set forth and described herein, the City Council acknowledges, accepts, and approves, and makes the following Findings and Determinations:
(a) That the City has independently reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring Plan, and the whole record before it (including, the Initial Study and comments received) and, based on the foregoing, the City Council hereby finds that all environmental impacts of the P roposed Project, with mitigation measures, are below a level of significance and there is no substantial evidence supporting a fair argument that the Proposed Project will have a significant effect on the environment.
(b) That the Mitigated Negative Declaration and Mitigation Monitoring Plan have been completed in compliance with CEQA and CEQA Guidelines.
(c) That t he Mitigated Negative Declaration and Mitigation Monitoring Plan represent the independent judgment and analysis of the Planning Commission and City Council as lead agency for the Proposed Project.
(d) That the Mitigated Negative Declaration and Mitigation Monitoring Plan are adequate to serve as the required CEQA environmental documentation for the Proposed Project.
SECTION 4 . ADOPT THE MITIGATION MONITORING AND
REPORTING PROGRAM AND APPROVAL OF MITIGATED
NEGATIVE DECLARATION
T
hat based on the Findings and Determinations set forth herein and the substantial evidence included in the Recitals, Exhibits and Evidence contained in Administrative Record, the City Council hereby adopts the Mitigation Monitoring and Reporting Program and approves the Mitigated Negative Declaration, including the findings set forth therein which support a determination that all potentially significant environmental impacts from 7-1011
4 implementation of the Proposed Project have been identified and, with the implementation of the mitigation measures defined and set forth in the Mitigation Monitoring and Reporting Program, will be mitigated to a less-than-significant level.
SECTION 5
. NOTICE OF DETERMINATION
That the City Council authorizes and directs the Planning Division to prepare, execute, and file a Notice of Determination in accordance with Public Resource Code Section 21152.
SECTION 6
. EFFECTIVE DATE
That this Resolution shall take effect immediately upon its adoption.
SECTION
7. SEVERABILITY
That if any provision, section, paragraph, sentence or word of Resolution or any portion of the Administrative Record for the Proposed Project be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words as hereby adopted shall remain in full force and effect.
SECTION 8
. CERTIFICATION.
That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
SECTION 9.
REPEAL OF CONFLICTING PROVISIONS.
That all provisions of any resolution in effect prior to the effective date of this Resolution as adopted by the City Council that are in conflict with the provisions of this Resolution, are hereby repealed.
7-1012
5 PASSED AND ADOPTED on this 18th day of April, 2024.
_________________________
Steve Downs, Mayor
ATTEST:
_____________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
_____________________________
Colin Kirkpatrick, City Attorney
7-1013
6 EXHIBIT “A”
MITIGATED NEGATIVE DECLARATION &
MITIGATION MONITORING AND REPORTING PROGRAM
[TO BE ATTACHED]
7-1014
1 RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF RANCHO MIRAGE,
CALIFORNIA, APPROVING GENERAL PLAN ZONING MAP
AMENDMENT AMENDING APPROXIMATELY 36 ACRES OF SECTION
14, AND APPLYING AFFORDABLE HOUSING OVERLAY TO
APPROXIMATELY 3.3 ACRES AND CHANGING THE LAND USE
DESIGNATION OF APPROXIMATELY 8.3 ACRES FROM HIGH
DENSITY RESIDENTIAL (R-H) TO GENERAL COMMERCIAL (C-G)
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, on March 28, 2024, the Rancho Mirage Planning Commiss ion adopted Resolution 2024-PC-01 incorporated herein by this reference, recommending, in part, the City Council approve and adopt this Resolution, approving the General Plan Zoning Map Amendment (GPZMA23- 0002), as described in more detail I n Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, on April 18, 2024, at a duly noticed meeting of the City Council, the City Council approved Resolution No. 2024-[TO BE INSERTED] adopting the Mitigation Monitoring and Reporting Program and approving the Mitigated Negative Declaration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
RECITALS AND EXHIBITS
That
the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
SECTION 2. CONSISTENCY WITH GENERAL PLAN
That t
he City Council finds the GPZMA23-0002 is consistent with the General Plan.
SECTION 3 . ADOPT GENERAL PLAN ZONING MAP AMENDMENT
That th e Cit
y Council hereby approves General Plan Zoning Map Amendment (GPZMA23-0002).
SECTION 4. CEQA COMPLIANCE
That pursuant to Resolution 2024- [TO BE INSERTED], the City Council adopt ed the Mitigation Monitoring and Reporting Program and approv ing the Mitigated Negative Declaration.
ATTACHMENT 8
7-1015
2 SECTION 5. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, th e remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
SECTION 6 . AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this Resolution necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
SECTION 7 . EFFECTIVE DATE
That this Resolution shall take effect immediately upon its adoption.
SECTION 8. SEVERABILITY
That if any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words as hereby adopted shall remain in full force and effect.
SECTION 9
. CERTIFICATION.
That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
SECTION 1
0. REPEAL OF CONFLICTING PROVISIONS.
That all provisions of any resolution and/or General Plan Zoning Map, in effect prior to the effective date of this Resolution as adopted by the City Council that are in conflict with the provisions of this Resolution, are hereby repealed.
7-1016
3 The foregoing Resolution was approved and adopted at a meeting of the City Council held on April 18, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF RANCHO MIRAGE:
__________________________
Steve Downs, Mayor
ATTEST:
_______________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
_______________________________
Colin Kirkpatrick, City Attorney
7-1017
4 EXHIBIT “A”
GENERAL PLAN ZONING MAP AMENDMENT
CASE NO. GPZMA23-0002
[TO BE ATTACHED]
7-1018
1 ORDINANCE NO. ___________
AN O RDINANCE
OF THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE, CALIFORNIA, APPROVING STATUTORY DEVELOPMENT
AGREEMENT WITH RAMON & RATTLER PARTNERS, LLC, AND
MCKELLER MCGOWAN HOLDINGS, LLC
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, Ramon & Rattler Partners, LLC, is a Delaware limited liability company, authorized to do business in California, which owns approximately thirty -six (36) acres of undeveloped real property located within Section 14, generally located at the northwest corner of Ramon Road and Rattler Road, in Rancho Mirage, County of Riverside, State of California, having Assessor’s Parcel Number 670-230-021 (the “Subject Property”), which is currently vacant and unimproved land, as more particularly described and depicted in Exhibit “A”, attached hereto and incorporated herein by this reference; and
WHEREAS, McKeller McGowan Holdings, LLC, represents it is in escrow to purchase a portion of the Subject Property, identified on Exhibit “A” as “Planning Area 1” or sometimes “PA1”, and “Planning Area 2” or sometimes “PA2” (for purposes of this Ordinance, McKeller McGowan Holdings, LLC, and Ramon & Rattler Partners, LLC, are collectively referred to herein as the “Developer”); and WHEREAS, for purposes of this Ordinance, the “Proposed Project” includes a Statutory Development Agreement (the “Development Agreement”) providing for the development of up to 75,000 square feet of commercial space, and up to 305 housing units for lease, inclusive of ninety -five (95) housing units for affordable to lower income households, all as provided through the Development Agreement and Project Entitlements, as that term is defined in the Development Agreement; and WHEREAS, as set forth in more detail in the Development Agreement, Developer shall record a covenant against Parcel 2 of Tentative Parcel Map 38834, which shall provide that residential units developed on the said portion of the Subject Property shall be rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing; and WHEREAS, on March 28, 2024, the Rancho Mirage Planning Commission adopted Resolution 2024-PC-01 incorporated herein by this reference, recommending, in part, the City Council introduce and adopt this Ordinance, approving and adopting the proposed Statutory Development Agreement, attached hereto and incorporated herein by ATTACHMENT 9
7-1019
2 this reference as Exhibit “B”; and
WHEREAS, on April 18, 2024, at a duly noticed meeting of the City Council, the City Council approved Resolution No. 2024-[TO BE INSERTED] adopting the Mitigation Monitoring and Reporting Program and approving the Mitigated Negative Declaration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES HEREBY RESOLVES AS FOLLOWS:
SECTION 1. RECITALS AND EXHIBITS
That the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
SECTION 2.
CONSISTENCY WITH GENERAL PLAN
That based on the foregoing Recitals and the evidence contained in the Administrative Record for the Proposed Project, the City Council finds that the Development Agreement is consistent with the General Plan and applicable Specific Plan.
SECTION 3 . ADOPT STATUTORY DEVELOPMENT AGREEMENT
That the City Council hereby adopts and approves the Development Agreement.
SECTION
4. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its adoption.
SECTION
5. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this ordinance pursuant to Section
1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the authority to adopt this ordinance, that the ordinance is constitutionally valid and that the ordinance is consistent with the general powers and purposes of the City as set forth in Section 1.04.031 of the RMMC.
SECTION 6
. RECORDATION OF DEVELOPMENT AGREEMENT
That in accordance with Section 17.56.050 of the City’s Municipal Code, the City Clerk is hereby directed to record the fully executed Statutory Development Agreement with the Riverside County Recorder no later than ten (10) days after its execution. 7-1020
3 SECTION 7. SEVERABILITY
That if any provision, section, paragraph, sentence or word of this Ordinance or any portion of the administrative record for the Proposed Project be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words as hereby adopted shall remain in full force and effect.
SECTION 8
. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
SECTION 9.
REPEAL OF CONFLICTING PROVISIONS
That all provisions of any ordinance and/or Municipal Code in effect prior to the effective date of this Ordinance as adopted by the City Council that are in conflict with the provisions of this Ordinance , are hereby repealed.
SECTION 1 0
. AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this Ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
7-1021
4 The foregoing Ordinance was approved and adopted at a meeting of the City Council held on April 18, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF RANCHO MIRAGE:
__________________________
Steve Downs, Mayor
ATTEST:
_______________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
_______________________________
Colin D. Kirkpatrick, City Attorney
7-1022
5 EXHIBIT “A”
SUBJECT PROPERTY
[TO BE ATTACHED]
7-1023
6 EXHIBIT “B”
STATUTORY DEVELOPMENT AGREEMENT
[TO BE ATTACHED]
7-1024
1 ORDINANCE NO. ___________
AN O RDINANCE
OF THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE, CALIFORNIA, APPROVING CATANA SPECIFIC PLAN (SP23- 0002)
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, on March 28, 2024, the Rancho Mirage Planning Commiss ion adopted Resolution 2024-PC-01, incorporated herein by this reference, recommending, in part, the City Council introduce and adopt this Ordinance, approving and adopting the Catana Specific Plan (SP23- 0002) (the “Proposed Project”), attached heret o and incorporated herein by this reference as Exhibit “A”, establishing the development standards and guidelines for three (3) separate Planning Areas regarding the Subject Property, as defined in the associated March 28, 2024, Rancho Mirage Planning Commission Resolution; and
WHEREAS, on April 18, 2024, at a duly noticed meeting of the City Council, the City Council approved Resolution No. 2024-[TO BE INSERTED] adopting the Mitigation Monitoring and Reporting Program and approving the Mitigated Negative Declaration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
RECITALS AND EXHIBITS
That
the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
SECTION 2. E VIDENCE AND ADMINISTRATIVE RECORD
That t
he City Council has considered all of the evidence (“Evidence”) submitted into the administrative record (“Administrative Record”) for the Proposed Project, including, but not limited to, the following, which are all hereby incorporated herein by reference:
(a) Rancho Mirage Municipal Code;
(b) Rancho Mirage General Plan and Title 17 (Zoning) of the Rancho Mirage Municipal Code and all relevant provisions contained therein; (c) Catana Specific Plan (SP23-0002);
(d) General Plan Zoning Map Amendment (GPZMA23-0002)
(e) Development Agreement (DA23- 0002) by and between the City and the Developer;
(f) Tentative Parcel Map (TMP23-0004);
ATTACHMENT 10
7-1025
2 (g) Preliminary Development Plans (PDP23-0006 and PDP23-0007), (h) Initial Study,
(i) Notice of Intent to adopt MND,
(j) MND and MMRP,
(k) Notice of Planning Commission Public Hearing scheduled for March 28, 2024, at 2:00 p.m. in the Council Chamber, located at City Hall at 69- 825 Highway 111, Rancho Mirage, California;
(l) Planning Commission Staff Report, attachments and Staff presentation for the Proposed Project, and all public documents, records and references related thereto submitted or provided at or prior to the March 28 , 202 4, Planning Commission Public Hearing;
(m) Testimony and/or comments from Developer and its representatives submitted or provided at, or prior to, the March 28, 2024, Planning Commission Public Hearing; and
(n) Testimony and/or comments from all persons that were provided in written format or correspondence, at, or prior to, the March 28 , 202 4, Planning Commission Public Hearing.
(o) Notice of City Council Public Hearing scheduled for April 18, 2024, at 1:00 p.m. in the Council Chamber, located at City Hall at 69- 825 Highway 111, Rancho Mirage, California;
(p) City Council Staff Report, attachments and Staff presentation for the Proposed Project, and all public documents, records and references related thereto submitted or provided at or prior to the April 18, 2024, City Council Public Hearing;
(q) Testimony and/or comments from Developer and its representatives submitted or provided at, or prior to, the April 18, 2024, City Council Public Hearing; and
(r) Testimony and/or comments from all persons that were provided in written format or correspondence, at, or prior to, the April 18, 2024, City Council Public Hearing.
SECTION 3
. FINDINGS AND DETERMINATIONS
That based on the foregoing Recitals and the Evidence contained in the Administrative Record for the Proposed Project, as set forth and described herein, the City Council acknowledge, accept, and approve, and make the following Findings and Determinations:
(a) That the proposed Catana Specific Plan is consistent with the General Plan; (b) The proposed Catana Specific Plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city; (c) The Subject Property is physically suitable for the requested zoning district(s), planning areas and the anticipated land use developments; (d) The proposed Catana Specific Plan ensures development of desirable character which would be harmonious with existing and proposed development in the surrounding neighborhood; and
7-1026
3 (e) The Proposed Project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and pursuant to the California Environmental Quality Act (CEQA) Section 15074 the intent is to adopt a Mitigated Negative Declaration (SCH#2023120616) based on Environmental Assessment Case No. EA23-0006.
SECTION 4
. ADOPT SPECIFIC PLAN
That the City Council hereby approves the Catana Specific Plan (SP23-0002).
SECTION 5
. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its adoption.
SECTION
6. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this ordinance pursuant to Section
1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the authority to adopt this ordinance, that the ordinance is constitutionally valid and that the ordinance is consistent with the general powers and purposes of the City as set forth in Section 1.04.031 of the RMMC.
SECTION 7
. SEVERABILITY
That if any provision, section, paragraph, sentence or word of this Ordinance or any portion of the Administrative Record for the Proposed Project be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words as hereby adopted shall remain in full force and effect.
SECTION 8 . CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
SECTION 9.
REPEAL OF CONFLICTING PROVISIONS
That all provisions of any ordinance and/or Municipal Code in effect prior to the effective date of this Ordinance as adopted by the City Council that are in conflict with the provisions of this Ordinance , are hereby repealed.
SECTION 1 0
. AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this Ordinance necessitates amendment of the City’s Bail Schedule and to cause such 7-1027
4 necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
7-1028
5 The foregoing Ordinance was approved and adopted at a meeting of the City Council held on April 18, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF RANCHO MIRAGE:
__________________________
Steve Downs, Mayor
ATTEST:
_______________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
_______________________________
Colin D. Kirkpatrick, City Attorney
7-1029
6 EXHIBIT “A”
CATANA SPECIFIC PLAN
[TO BE ATTACHED]
7-1030
1 RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
(TPM23-0004) AND PRELIMINARY DEVELOP MENT PLANS (PDP23- 0006 & PDP23-0007)
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, on March 28, 2024, the Rancho Mirage Planning Commiss ion adopted Resolution 2024-PC-01, incorporated herein by this reference, recommending, in part, the City Council approve and adopt this Resolution, approving the Tentative Parcel Map (TPM23 -0004) and Preliminary Development Plans PDP23- 0006 and PDP23-0007 (collectively, the “Preliminary Development Plans”) (collectively, TPM23- 0004 and the Preliminary Development Plans are sometimes referred to herein as the “Proposed Project”); and
WHEREAS, Tentative Parcel Map (TPM23-0004) subdivides the approximately 36 acre subject property into three (3) legal parcels; and WHEREAS, the Preliminary Development Plans are associated with Planning Area 1 (regarding up to 210 single family residences with central clubhouse and related amenities) and Planning Area 2 (regarding up to ninety -five (95) apartments and associates recreation area), with a separate Preliminary Development Plan(s) to be submitted for Planning Area 3 at some point in the future; and WHEREAS, on April 18, 2024, at a duly noticed meeting of the City Council, the City Council approved Resolution No. 2024-[TO BE INSERTED] adopting the Mitigation Monitoring and Reporting Program and approving the Mitigated Negative Declaration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES HEREBY RESOLVES AS FOLLOWS:
SECTION 1.
RECITALS AND EXHIBITS
That
the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
SECTION 2. E VIDENCE AND ADMINISTRATIVE RECORD
That t
he City Council has considered all of the evidence(“Evidence”) submitted into the administrative record (“Administrative Record”) for the Proposed Project, including, but not limited to, the following, which are all hereby incorporated herein by reference:
(a) Rancho Mirage Municipal Code;
ATTACHMENT 11
7-1031
2 (b) Rancho Mirage General Plan and Title 17 (Zoning) of the Rancho Mirage Municipal Code and all relevant provisions contained therein; (c) Catana Specific Plan (SP23-0002);
(d) General Plan Zoning Map Amendment (GPZMA23-0002)
(e) Development Agreement (D A23-0002) by and between the City and the Developer;
(f) Tentative Parcel Map (TMP23-0004);
(g) Preliminary Development Plans (PDP23-0006 and PDP23-0007), (h) Initial Study,
(i) Notice of Intent to adopt MND,
(j) MND and MMRP,
(k) Notice of Planning Commission Public Hearing scheduled for March 28, 2024, at 2:00 p.m. in the Council Chamber, located at City Hall at 69- 825 Highway 111, Rancho Mirage, California;
(l) Planning Commission Staff Report, attachments and Staff presentation for the Proposed Project, and all public documents, records and references related thereto submitted or provided at or prior to the March 28 , 202 4, Planning Commission Public Hearing;
(m) Testimony and/or comments from Developer and its representatives submitted or provided at, or prior to, the March 28, 2024, Planning Commission Public Hearing; and
(n) Testimony and/or comments from all persons that were provided in written format or correspondence, at, or prior to, the March 28 , 202 4, Planning Commission Public Hearing.
(o) Notice of City Council Public Hearing scheduled for April 18, 2024 , at 1:00 p.m. in the Council Chamber, located at City Hall at 69- 825 Highway 111, Rancho Mirage, California;
(p) City Council Staff Report, attachments and Staff presentation for the Proposed Project, and all public documents, records and references related thereto submitted or provided at or prior to the April 18, 2024, City Council Public Hearing;
(q) Testimony and/or comments from Developer and its representatives submitted or provided at, or prior to, the April 18, 2024, City Council Public Hearing; and
(r) Testimony and/or comments from all persons that were provided in written format or correspondence, at, or prior to, the April 18, 2024, City Council Public Hearing.
SECTION 3.
FINDINGS AND DETERMINATIONS
That based on the foregoing Recitals and the Evidence contained in the Administrative Record for the Proposed Project, as set forth and described herein, the City Council acknowledges, accepts, and approves, and makes the following Findings and Determinations:
7-1032
3 (a) That Tentative Parcel Map ( TPM23-0004) is consistent with the General Plan and applicable Specific Plan;
(b) That the design and improvements related to Tentative Parcel Map (TPM23-0004) are consistent with the General Plan and applicable Specific Plan;
(c) That site covered by Tentative Parcel Map ( TPM23-0004) is physically suitable for the type of development;
(d) That the site covered by Tentative Parcel Map (TPM23-0004) is physically suitable for the proposed density of development;
(e) That Tentative Parcel Map ( TPM23-0004) design and the proposed improvements are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat; (f) That the design and type of improvements related to Tentative Parcel Map (TPM23-0004) will not likely cause serious public health problems; (g) That the design and type of improvements related to Tentative Parcel Map (TPM23-0004) will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision;
(h) That proposed development under Preliminary Development Plan s are allowed withing the respective zoning district as permitted under the General Plan and applicable Specific Plan;
(i) That Preliminary Development Plans are generally in compliance with all of the applicable provisions of Title 17 that are necessary to carry out the purpose and requirements of the respective zoning district, including prescribed development standards and applicable design guidelines; (j) That Preliminary Development Plans are consistent with the General Plan and applicable Specific Plan; and
(k) That the Proposed Project which includes Tentative Parcel Map ( TPM23- 0004) and Preliminary Development Plans have been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and pursuant to the California Environmental Quality Act (CEQA) Section 15074 the intent is to adopt a Mitigated Negative Declaration (SCH#2023120616) based on Environmental Assessment Case No. EA23- 0006.
SECTION 4
. T ENTATIVE PARCEL MAP CASE NO. TPM23-0004
That based on the foregoing Recitals and the Evidence contained in the Administrative Record for the Proposed Project which includes Tentative Parcel Map (TPM23-0004), and the Findings and Determinations set forth herein, the City Council hereby approves Tentative Parcel Map ( Case No. T PM23-0004), attached hereto as Exhibit “A”, and incorporated herein by this reference.
7-1033
4 SECTION 5. PRELIMINARY DEVELOPMENT PLANS
That based on the foregoing Recitals and the Evidence contained in the Administrative Record for the Proposed Project, which includes Preliminary Development Plans (PDP23-0006 and PDP23- 0007), and the Findings and Determinations set forth herein, the City Council hereby approves Preliminary Development Plans, attached hereto as Exhibits “B” and “C”, and incorporated herein by this reference. .
SECTION
6. EFFECTIVE DATE
That this Resolution shall take effect immediately upon its adoption.
SECTION
7. SEVERABILITY
That if any provision, section, paragraph, sentence or word of Resolution or any portion of the Administrative Record for the Proposed Project be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words as hereby adopted shall remain in full force and effect.
SECTION 8
. CERTIFICATION
That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
SECTION 9.
REPEAL OF CONFLICTING PROVISIONS
That all provisions of any resolution in effect prior to the effective date of this Resolution as adopted by the City Council that are in conflict with the provisions of this Resolution, are hereby repealed.
7-1034
5 PASSED AND ADOPTED on this 18
th day of April, 2024.
_________________________
Steve Downs, Mayor
ATTEST:
_____________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
_____________________________
Colin D. Kirkpatrick, City Attorney
7-1035
6 EXHIBIT “A”
TENTATIVE PARCEL MAP
[TO BE ATTACHED]
7-1036
7 EXHIBIT “B”
PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0006 EXHIBIT BOOKLET [TO BE ATTACHED]
7-1037
8 EXHIBIT “c”
PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0007 EXHIBIT BOOKLET [TO BE ATTACHED]
7-1038
STAFF REPORT
TO: Planning Commission/City Council DATE: March 28, 2024 FRO
M: Colin D. Kirkpatrick, City Attorney
SUBJECT: City Attorney’s Independent Analysis
SPECIFIC RE QUEST OR RECOMMENDATION:
That the Planning Commission receive and file the City Attorney’s Independent Analysis.
BACKGROUND
Sinc
e the proposed Project requires the adoption of ordinances a pproving a Statutory Development Agreement and a Specific Plan, the City Attorney is required to make determinations which address whether the City has the legal authority to adopt said ordinances.
Rancho Mirage Municipal Code Section 1.04.031 (Review And Approval Of Legal Form Of Ordinances By City Attorney) provides that “[n]o ordinance shall be deemed effective unless the City Attorney determines that the City has the authority to adopt the proposed ordinance, that the proposed ordinance is constitutionally valid under the state and federal constitutions, and that the proposed ordinance is consistent with the general powers and purposes of the City, the City’s Charter, ordinances approved by the voters, and any applicable federal and/or state laws.
Legal Authority
Dev
elopment Agreement Ordinance
The Development Agreement Statute, as set forth in California Government Code sections 65864 through 65869.5 allows for the vesting of development rights to protect against later changes in planning and zoning regulations. State law permits cities to enter into development agreements with "any person having a legal or equitable interest in real property for the development of the property." See Govt C §65865(a) . In order to approve the proposed Development Agreement, it must be approved by an ordinance adopted by the City Council.
The proposed Development Agreement may be approved by the City Council if the City Council finds that the provisions of the Development Agreement are consistent with the General Plan, which in this case will be if the City Council ultimately approves the proposed General Plan Zoning Map Amendment and the proposed Specific Plan. In other words, although development agreements cannot be used to establish land uses not authorized by the zoning ordinance applicable to the property, the subject Development Agreement is contingent upon the City ultimately approving the proposed General Plan Zoning Map Amendment and the proposed Specific Plan, which together with the Development Agreement will establish the plans, land use ATTACHMENT 12
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CIN OF~ MIRl'IG~
~ ~
Date: March 28, 2024 City Attorney’s Independent Analysis Page 2 of 3
City Attorney’s Independent Analysis AGENDA ITEM #
regulations, development standards, design guidelines, infrastructure requirements, and implementation programs to guide the development of the proposed Project.
Notwithstanding the above, because the decision to enter into a development agreement is a legislative act, the decision of the City Council is not otherwise required to be supported by findings, except for those expressly required by state law (such as the general plan consistency finding) and any local development procedures. See Native Sun/Lyon Communities v City of Escondido (1993) 15 CA4th 892, 910.
Pursuant to Chapter 17.56 of the Rancho Mirage Municipal Code, the content of a development agreement must address the following: (1) specify the duration of the agreement; (2) specify the allowed uses for the subject property; (3) specify the density/intensity of the allowed uses; (4) describe the maximum height and size of proposed structures by clearly identifying and referring to the documents and exhibits approved; (5) describe the provisions, if any, for reservation or dedication of land for public purposes; (6) describe the provisions, if any, for the protection from either a future growth control ordinance or a future increase in development and/or effect fees; (7) provide for a tiered amendment review procedure; and (8) provide for the possibility of subsequent discovery of health and safety issues like a compelling public necessity (e.g., a new environmental health hazard is discovered), which would necessitate a reconsideration or amendment of the previously approved development agreement.
It is the independent opinion of the City Attorney that based on the content and findings in the Staff Report and the terms and conditions of the proposed Development Agreement, that the proposed Development Agreement conforms with and meets all of the above requirements. In addition, the City Attorney finds and concludes that based on the foregoing, the City Council has the legal authority to adopt the proposed Development Agreement Ordinance since the proposed ordinance is constitutionally valid under the state and federal constitutions, is consistent with the general powers and purposes of the City, the City’s charter, ordinances approved by the voters, and applicable federal and state laws.
Specific Plan Ordinance
The Specific Plan must contain certain specified details relating to land uses, major infrastructure, development and conservation standards, an implementation program, and a statement of relationship to the general plan. See Government Code Section 65451.
Moreover, pursuant to Section 15.54.0202 (Intent) of the Municipal Code, a specific plan adopted by ordinance shall replace the base zoning district for the subject property, and the development standards and guidelines identified in the specific plan shall take precedence over the general standards and guidelines contained in Title 17 “Zoning” of the Municipal Code.
Moreover, as set forth in Section 17.54.100 (Findings and Decision) a specific plan may be approved, provided that certain findings are made. Although it is beyond the scope of this analysis to address any required findings, based on the findings, evidence and conclusions set forth in the Staff Report prepared for the Project and the Mitigated Negative Declaration which was prepared for the Project, there is substantial evidence in the whole of the administrative record to support the following requisite findings: (1) that the Specific Plan is consistent with the General Plan (as amended by the General Plan Zoning Map Amendment); (2) that the Specific 7-1040
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City Attorney’s Independent Analysis AGENDA ITEM #
Plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; (3) that the area covered by the Specific Plan is physically suitable for the requested zoning districts and the anticipated land use developments; (4) that the proposed Specific Plan ensures development of desirable character which would be harmonious with existing and proposed development in the surrounding neighborhood; and (5) that the proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).
It is the independent opinion of the City Attorney that based on the content and findings in the Staff Report, the terms and conditions of the proposed Development Agreement, the provisions of the Specific Plan, the proposed General Plan Zoning Map Amendment, and the contents of the Initial Study, Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program prepared for the Project, that the proposed Specific Plan conforms with and meets all of the above requirements. In addition, the City Attorney finds and concludes that based on the foregoing, the City Council has the legal authority to adopt the proposed Specific Plan Ordinance since the proposed ordinance is constitutionally valid under the state and federal constitutions, is consistent with the general powers and purposes of the City, the City’s charter, ordinances approved by the voters, and applicable federal and state laws.
7-1041
CITY OF RANCHO MIRAGE
69-825 Highway 111, Rancho Mirage, CA 92270-2898 (760) 324-4511/328-2266
NOTICE OF DETERMINATION AND MITIGATED NEGATIVE DECLARATION To: Office of Planning and Research Chief Deputy County Clerk Sacr
amento, CA 95814 Riverside, CA 92501
Project Title/Case Nos.
Applicant:
Project Location:
Project Description:
Catana Specific Plan - Environmental A ssessment C ase N o. E A23-0 006; D evelopment Ag
reement C ase No. D A23-00 02; G eneral P lan Zoning Map Amendment C ase N o.
GPZMA23-0002; Specific Plan Case No. SP23-0002; Tentative Parcel Map Case No.
TPM23-0004 (Tentative Parcel Map 38834); and Preliminary Development Plan Case Nos.
PDP23-0006 and PDP23-0007
McKellar McGowan Holdings, LLC
Northwest corner of Ra mon Road and Rattler R oad – Assessor’s Parcel Number: 670-230-021 The Catana Specific Plan proposes a mixed -us e neighborhood on 36± a cres at the northwest corner of Ram on Road and Rattler Road. General Pla n Z oning Ma p Amendment Case No.
GPZ
MA23-0002 proposes to change the High Density Residential (R-H) land use designation to General Co mmercial ( C-G) for 8.3± acres (Planning Area 3) fronting Ramon Road, an d apply the Affordable Housing Overlay to 3.3± acres (Planning Area 2) in the west-central portion of the site while preserving the R-H designation on 24.5± acres (Planning Area 1). Planning Area 1 ( PDP23-0007) pr oposes 21 0 single -family rental homes w ith a menities, P lanning A rea 2 (PD
P23-0006) pr oposes 94 apartments a nd a c e ntral r ecreation area, a nd Planning Area 3 prop
oses up to 75,000 square feet of com mercial u ses. Additional Development Plan(s) will be submitted for Planning Area 3 in the future.
Not
ice of Determination
Filing of
Notice of Determination in compliance with Public Resources Code, Section 21108 or 21152. The City of Rancho Mirage has approved the above described project on _______, 2024 and has determined:
1. T he pro
ject will will not have a significant effect/impact on the environment.
2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
3. A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
4. Mitigation measures were were not made conditions of approval for the project.
5. A mitigation reporting or monitoring plan was was not adopted for this project.
6. A Statement of Overriding Considerations was was not adopted for this project.
7. Findings were were not made pursuant to the provisions of CEQA.
The City Council adopted the following Finding: The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). This is to certify that the project file and record of project approval are available to the general public at: City of Rancho Mirage, 69-825 Highway 111, Rancho Mirage, CA 92270.
Mitigated Negative Declaration - Rancho Mirage City Council Date: ________
_____
Pilar Lopez
Senior Planner
I hereby certify that the City of Rancho Mirage has made the above findings of fact and that based upon the Mitigated Negative Declaration and hearing record the project will not have a significant effect on the environment.
Date: ______________
Pilar Lopez
Lead Agency Responsible Agency Senior Planner
ATTACHMENT 13
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□
□
□
STAFF REPORT
Planning Commission Staff Report AGENDA ITEM #
TO: Planning Commission DATE: March 28, 2024 FROM: P
ilar Lopez, Senior Planner
SUBJECT: Catana Specific Plan - Environmental Assessment Case No. EA23-0006; General Plan Zoning Map Amendment Case No. GPZMA23-0002; Specific Plan Case No.
SP23-0002; Development Agreement Case No. DA23-0002; Tentative Parcel Map Case No. TPM23-0 004 (Tentative Parcel Map 38834); and
Preliminary Development Plan Case Nos. PDP23-0 006 and PDP23-0007 SPECIFIC REQUEST OR RECOMMENDATION:
Staff
recommends the Planning Commission adopt Resolution No. 2024-PC-(Next-in-Order), recommending that the City Council take the following actions:
a) A dopt Resolution No. 2024-(Next-in-Order), approving the Mitigation Monitoring and Reporting Program and Mitigated Negative Declaration (SCH#202 3120616) for the Proposed Project based on Environmental Assessment Case No. EA23-0006. b) Adopt Resolution No. 2024-(Next-in-Order), approving General Plan Zoning Map Amendment (GPZMA2 3-0002), to change the High Density Residential land use designation to General Commercial for 8.3 acres fronting Ramon Road, and apply the Affordable Housing Overlay to 3.3± acres.
c) I ntrod
uce and adopt Ordinance No. (Next-in-Order), approving Specific Plan (SP23- 0002) to establish the development standards and guidelines for three (3) Planning Areas within the 36± acre site.
d) I ntrod
uce and adopt Ordinance No. (Next-in-Order), approving the Development Agreement by and between McKeller McGowan Holdings, LLC. and Ramon & Rattler Partners, LLC. and the City of Rancho Mirage (DA23-0002). e) A
dopt R
esolution No. 2024-(Next-in-Order), approving Tentative Parcel Map (TPM23- 0004) to subdivide the 36± acres into three parcels corresponding to the three (3) Planning Areas and Preliminary Development Plans Case Nos. PDP23- 0006 and PDP23-0007 for the single-family residential neighborhood in Planning Area 1 and the affordable apartments in Planning Area 2.
ATTACHMENT 14
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Date: March 28, 2024 EA23-0006, GPZMA23-0002, DA23-0002, SP23-0002, TPM23-0004, PDP23-0006 & PDP23-0007 Page 2 of 60
Planning Commission Staff Report AGENDA ITEM #
ATTACHMENTS:
1. Aerial
2. Public Hearing Notice
3. Draft Mitigated Negative Declaration
4. Draft Specific Plan
5. Draft Development Agreement
6. Resolution of the Planning Commission recommending that the City Council Approve Mitigated Negative Declaration and approve a Statutory Development Agreement, a General Plan Zoning Map Amendment, a Specific Plan, Tentative Parcel Map, and Preliminary Development Plans for the Catana Specific Plan.
7. Resolution approving and adopting the Mitigation Monitoring and Reporting Program and Mitigated Negative Declaration (SCH#2023120616) for the Proposed Project based on Environmental Assessment Case No. EA23-0006.
8. Resolution approving proposed General Plan Zoning Map Amendment Case No.
GPZMA23-0002 to change the High-Density Residential land use designation to General Commercial for 8.3 acres fronting Ramon Road, and apply the Affordable Housing Overlay to 3.3± acres.
9. Ordinance [next in line] approving the Development Agreement (DA23- 0002) by and between the Developer and the City of Rancho Mirage.
10. Ordinance [next in line] approving Specific Plan (SP23- 0002) to establish the development standards and guidelines for three Planning Areas within the 36± acre site;
11. Resolution approving the proposed Tentative Parcel Map Case No. TPM23- 0004 (TPM38834) and the
Preliminary Development Plans Case Nos. PDP23- 0006 and PDP23-0007 for the single- family residential neighborhood in Planning Area 1 and the apartments in Planning Area 2.
12. City Attorney’s Independent Analysis
13. Draft Notice of Determination
14. General Plan Zoning Map Amendment Case No. GPZMA23-0002 Exhibit
15. PDP23-0006 Exhibit Booklet
16. PDP23-0007 Exhibit Booklet
17. Tentative Parcel Map No. 38834 Exhibit
FACTS:
1. Applicant/Property Owner: McKellar McGowan Holdings, LLC
2. Purpose of Request: Consideration of a specific plan with three (3) planning areas for the development of a mixed-use
neighborhood on 36± acres located at the
northwest corner of Ramon Road and Rattler Road.
General Plan Zoning Map Amendment Case No.
GPZMA23-0002 proposes to change the High
Density Residential (R- H) land use designation to
General Commercial (C-G) for 8.3± acres (Planning
Area 3) fronting Ramon Road, and apply the
Affordable Housing Overlay to 3.3± acres (Planning
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Planning Commission Staff Report AGENDA ITEM #
Area 2) in the west -central portion of the sit e while preserving the R -H designation on 24.5± acres
(Planning Area 1). Planning Area 1 (PDP23- 0007)
proposes 210 single -family rental homes with
amenities, Planning Area 2 (PDP23 -0006)
proposes 94 affordable apartments and a central
recreation area, and Planning Area 3 proposes up
to 75,000 square feet of commercial uses.
Additional Development Plan(s) will be submitted
for Planning Area 3 in the future.
3. Location: Northwest corner of Ramon Road and Rattler Road Assessor’s Parcel Number: 670-230-021
4. Parcel Size: 36± acres
6. Existing Land Use: High Density Residential (H-R)
7. Proposed Land Use: Catana Specific Plan; High Density Residential (H - R), General Commercial (C -G); High Density
Residential/Affordable Housing Overlay (H-R/AHO)
8. Surrounding Land Use: West: Vacant lands (Mixed Use (M-U)) North: Rancho Mirage High School (Institutional
(P/S))
South: Ramon Road, Mission Hills North Country
Club golf course (Private Open Space (OS-PV) and
residential (Medium Density Residential (R-M))
East: Rattler Road, vacant land in sphere of
influence (Medium Density Residential (R-M))
9. Environmental Information: The recommendation is to adopt a Mitigated Negative Declaration (SCH#2023120616) based on
Environmental Assessment Case No. EA2 3-0006
pursuant to the California Environmental Quality Act
(CEQA) Section 15074.
10. Date Staff Deemed
Application Deemed Complete: March 11, 2024
PROJECT SUMMARY
The Catana Specific Plan proposes a mixed- use neighborhood on 36± acres located at the northwest corner of Ramon Road and Rattler Road.
General Plan Zoning Map Amendment Case No. GPZMA23-0002 proposes to change the High Density Residential (R -H) land use designation to General Commercial (C -G) for 8.3± acres (Planning Area 3) fronting Ramon Road, and apply the Affordable Housing Overlay to 3.3± acres (Planning Area 2) in the west-central portion of the site while preserving the R-H designation on
24.5± acres (Planning Area 1).
Planning Area 1 (Preliminary Development Plan Case No. PDP23-0007) proposes 210 single- family rental homes with amenities, Planning Area 2 (Preliminary Development Plan Case No.
PDP23-0006) proposes 94 affordable apartments and a c entral recreation area, and Planning 7-1045
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Area 3 proposes up to 75,000 square feet of commercial uses. Additional Development Plan(s) will be submitted for Planning Area 3 in the future.
PROJECT ENTITLEMENTS
The following applications comprise the entitlement package: Environmental Assessment, General Plan Zoning Map Amendment, Development Agreement , Specific Plan , Tentative Parcel Map, and two Preliminary Development Plans.
Given the multi-faceted nature of the proposed project, the applicant submitted several entitlement applications that are being processed concurrently pursuant to RMMC Section
17.36.020 which requires that “[a]n applicant for a development project that requires the filing of more than one application, shall file all related applications concurrently unless waived by the director,” and “permit processing and environmental/design review shall be concurrent.”
1. E
nvironmental Assessment Case No. EA23- 0006 for environmental determination pursuant to California Environmental Quality Act (CEQA).
2. General Plan and Zoning Map Amendment Case No. GPZMA23-000 2 to change the High Density Residential (R-H) land use designation to General Commercial (C-G) land use designation for 8.3 ± acres fronting Ramon Road, and apply the Affordable Housing Overlay to 3.3± acres (Planning Area 2).
3. Specific Plan C ase No. SP23- 0002 to establish the development standards and guidelines for 3 Planning Areas within the 36± acre site.
4. Development Agreement Ca se No. DA23 -0002 to establish development timelines and responsibilities of the applicant and developer in the development of the project.
5. Tentative Parcel Ma p Case No. TPM23-0004 (Tentative Parcel Map 38834) to subdivide the 36± acres into three parcels corresponding to the three (3) Planning Areas.
6. Preliminary Development Plans C ase Nos. PDP23-0006 and PDP23-0007 for the single family residential neighborhood in Planning Area 1 (PA 1) and the affordable apartments in Planning Area 2 (PA 2).
The M itigated Negative Declaration is the environmental assessment of the potential environmental impacts for the project as a whole. This is the first application in the entitlement package because the environmental assessment provides the support and justification (from an environmental perspective) for considering the project’s entitlements. The General Plan Zoning Map Amendment (GPZMA) must be approved prior to changing the current High Density Residential land use designation to General Commercial for 8. 3± acres (Planning Area 3) fronting Ramon Road, and applying the Affordable Housing Overlay to 3.3± acres (Planning Area 2). The ordinance approving the Development Agreement memorializes the standards that are agreed upon for the project. The Specific Plan (SP) will establish development standards for the Planning Areas, which is needed to approve the Tentative Parcel Map (TPM) to subdivide the 36± acres into three parcels corresponding to the 3 Planning Areas , and the Preliminary Development Plans (PDPs)
for the single family residential neighborhood in Planning Area 1 and the affordable apartments in Planning Area 2.
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Planning Commission Staff Report AGENDA ITEM #
ENVIRONMENTAL ASSESSMENT CASE NO. EA23-0006
An environmental assessment application was submitted for the proposed project and the determination was made that the project required an Initial Study. An Initial Study has been prepared resulting in the recommendation to adopt a Mitigated Negative Declaration (MND).
Mitigation measures were recommended for Biological Resources , Cultural & Tribal Cultural Resources, Geology and Soils, and Transportation/Traffic. A Notice of Determination will be filed with the Riverside County Clerk once a final determination has been made by the City Council.
The complete Initial Study, along with the Mitigation M onitoring and Reporting Program , is included in Attachment 3 – Draft Mitigated Negative Declaration.
An Initial Study/ Mitigated Negative Declaration was circulated for a 30-day public review period starting on December 22, 2023, to January 22, 2024, and the City received one comment letter.
The City received a comment letter from the California Department of Fish and Wildlife (CDFW) commenting on the document requesting additional mitigation measures to be incorporated.
While the City is not required to respond to comments, Sections 21091(d)(1) and 21092.5 of the Public Resources Code (PRC) and Section 150874 (b) of the California Environmental Quality Act Guidelines require that before project approval a Lead Agency must consider all comments received before making a final determination. With due consideration of the proposed mitigation measures, the City included a response to comments which was included as Appendix F in the Draft IS/MND (Attachment 3). A Notice of Intent to Adopt a Mitigated Negative Declaration was published in the Desert Sun on December 17, 2023, and distributed to interested parties.
AB 52 & SB 18 Tribal Consultation
Public Resource Code 21074 identifies “Tribal Cultural Resources” as “sites, features, places, cultural landscapes, sacred places, and objects with culture value to California Native American Tribe” and that are either included or determined to be eligible for inclusion on the national, state, or local register of historic resources or that are determined by the lead agency, in its discretion, to be significant when taking into consideration the significance of the resource to a California Native American Tribe.
California Government Code Section 65352.3 (adopted pursuant to the requirements of Senate Bill 18 [SB 18]) requires local governments to contact, refer plans to, and consult with tribal organizations prior to making a decision to adopt or amend a general or specific plan. The tribal organizations eligible to consult have traditional lands in a local government’s jurisdiction, and are identified, upon request, by the Native American Heritage Commission (NAHC). As noted in the California Office of Planning and Research’s Tribal Consultation Guidelines (2005), “The intent of SB 18 is to provide California Native American tribes an opportunity to participate in local land use decisions at an early planning stage, for the purpose of protecting, or mitigating impacts to, cultural places.”.
Assembly Bill 52 (AB 52) requires lead agencies to notify their local tribes about development projects. It also mandates lead agencies consult with Tribes if requested and sets the principals for conducting and concluding the required consultation process. Pursuant to AB 52 and SB 18 consultation requirements, the City of Rancho Mirage initiated a SB18 and AB52 consultation process. The City contacted 16 tribes and representatives provided by the NAHC.
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Planning Commission Staff Report AGENDA ITEM #
Pursuant to AB 52 and SB 18 consultation requirements, the City of Rancho Mirage initiated a consultation process for a 90- day period from September 20, 2023, to December 20, 2023.
During the consultation period, the City received one comment letter from the Agua Caliente Band of Cahuilla Indians (ACBCI). ACBCI responded that the project area is located within the boundaries of the ACBCI Reservation and within the Tribe’s Tradition al Use Area. ACBCI requested any copies of cultural resource documentation generated in connection with the proposed Project be provided. During consultation, ACBCI requested the addition of CUL- 2, to assure that impacts be further reduced by assuring that construction personnel is knowledgeable regarding what potential resources might be uncovered during grading and excavation. In addition, to highlight the requirements of State law, the Tribe requested the addition of CUL- 3, which requires the implementation of State law if human remains are uncovered during earth - moving activities.
The City received a meeting request from the Cahuilla Band of Indians to further understand the project. After the meeting, the Tribe deferred to ACBCI. No additional correspondence or requests for formal consultation were received and the SB 18 and AB 52 noticing period was concluded.
GENERAL PLAN ZONING MAP AMENDMENT CASE NO. GPZMA23-0002 The purpose of the General Plan Zoning Map Amendment (“GPZMA”) is to amend the existing underlying General Plan zoning designations on the project site. The site is currently vacant and designated as High Density Residential (R -H) on the City’s Land Use and Zoning Map, which allows a residential density of up to 9 DU/AC. A General Plan and Zoning Map Amendment is proposed to change the High Density Residential land use designation to General Commercial for 8.3 acres fronting Ramon Road, and apply the Affordable Housing Overlay to 3.3± acres.
Compliance with Government Code 66300 (SB 330)
The Legislature enacted Government Code 66300, the Housing Crisis Act of 2019 in response to the State’s concerns regarding the shortage of housing of all types across the State. Under the Act, the City cannot change a land use designation if it would reduce the City’s residential capacity. All 36± acres of the proposed project are currently designated High Density Residential (5 to 9 units per acre). The proposed GPZMA would keep the High Density Residential designation for 24.4± acres for the development of Planning Area 1, add the Affordable Housing Overlay (28 units per acre) to the 3.3± acres of Planning Area 2 for affordable housing, but change the designation to General Commercial for the 8.3± acres in Planning Area 3. In order to comply with Government Code 66300, the City must demonstrate that it is not reducing its residential capacity by making this change.
In this case, the subject site as a whole currently has a residential capacity of 184 to 330 units.
If the GPZMA is approved, Planning Areas 1 and 2 will allow 94 apartments and 210 single family homes on 27.7± acres, for a total of 304 units, and an overall density of 10.97 units per acre. Even with the loss of the 8.3± acres to commercial development, the proposed project will generate the upper range of the subject site’s allowed density and will meet 92% of the site’s maximum capacity and 165% of the minimum capacity. Therefore, the City complies with Government Code 66300, and will not reduce the City’s housing capacity by applying General Commercial to 8.3± acres of the Project area.
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In addition, Govt. Code Section 66300(i) provides an express exemption for projects that facilitate housing restricted to lower income housing, as this project does. Specifically, Section 66300(i) provides:
“(i) Notwithstanding subdivisions (b) and (e), this section does not prohibit an affected city or an affected county from enacting a development policy, standard, or condition that is intended to preserve or facilitate the production of housing for lower income households, as defined in Section 50079.5 of the Health and Safety Code, or housing types that traditionally serve lower income households, including mobile home parks, single-room occupancy units, or units subject to any form of rent or price control through a public entity’s valid exercise of its police power.”
As this project facilitates the development of up to 94 apartments restricted for lower income households, it satisfies the “no net loss” requirements of SB 330.
Although the Specific Plan will guide development on the site, changing the underlying zoning designation will provide more consistency between the Specific Plan and the General Plan. In addition, this GPZMA will help achieve and/or establish the framewor k for implementation of Goals, Policies and Programs within the Land Use Element of the City’s General Plan.
Land Use Goals & Policies
• GOAL LU 1: A resort residential community of desirable neighborhoods, a variety of community facilities, and high-quality development.
• GOAL LU 2: A balanced mix of functionally integrated land uses, meeting the general social and economic needs of the community through simplified, compatible, and consistent land use and zoning designations.
• Policy LU 2.1: Specific pla ns shall be required, where appropriate, to ensure new development achieves high- quality building, design, and development standards and provides amenities above those expected in conventional development.
• Policy LU 2.2: Specific plans shall be utilized, where appropriate, to assure that phased, logical and cost-effective extension of infrastructure and build-out of new development.
• Policy LU 2.3: Specific plans shall be updated periodically to reflect existing land use conditions, to modernize land use trends, to review boundaries, and to ensure that the long-term goals of the General Plan are being met through implementation of said specific plans.
• Policy LU 2.6: The City shall ensure privacy and safety for residential neighborhoods by providing adequate buffering and screening, particularly where neighborhoods adjoin or are integrated with commercial developments.
Response: The proposed Catana Specific Plan provides guidance to ensure the phased, logical, and cost -effective development of the subject site. The standards and guidelines 7-1049
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Planning Commission Staff Report AGENDA ITEM #
provided in the Specific Plan will ensure that the resulting residential and commercial development is high quality, providing ample shared residential amenities, access to nearby commercial resources, as well as adequate privacy via buffering and screening. The proposed land use will ensure that the commercial development will be highly visible on Ramon Road, the residential development will be screened from the major arterial by the commercial uses, and that the two land uses are functionally integrated.
Housing Goals & Policies
• GOAL H 1: A variety of housing types that meet the needs of residents in Rancho Mirage.
• GOAL H 2: Housing to meet the needs of Rancho Mirage’s lower income households and other special need groups, including seniors and persons with disabilities.
• Policy H 1: The General Plan shall provide for a mixture of residential densities dispersed throughout Rancho Mirage.
• Policy H 2: The City’s residential development standards shall allow for a diversity of housing types to provide new housing choices and enhance housing mobility while adhering to the General Plan’s community design policies.
• Policy H 3: Affordable housing developments shall be distributed throughout Rancho Mirage rather than concentrated in one area.
• Policy H 9: The Housing Authority shall pursue the development of 1,073 extremely low, very low, low and moderate income units in this planning period.
• Policy H 10: The City may, whenever it deems feasible and necessary, reduce, subsidize or defer development fees to facilitate the development of affordable housing.
Response: The Specific Plan proposes a combination of market -rate and affordable housing.
The site will include both attached and detached single family rental housing, as well as multi - family apartments. The project expands the type of housing opportunities provided in the city by introducing market-rate for lease single family homes and developing affordable apartments.
The standards and guidelines provided in the SP will ensure that this diversity of housing types will adhere to the General Plan’s community design policies. Development Impact Fees, or DIF fees, are fees charged to new residential and com mercial projects that are intended to recover a reasonable and proportional share of the cost of public facilities and infrastructure improvements that serve or will benefit that project. Per Section 10 of the Development Agreement, the Developer shall pay the City’s Development Impact Fees set forth in Chapter
3.29 of the Municipal Code on all new development square footage at the City’s commercial and residential rates in effect as of the date of the ordinance enacting the agreement . In addition Section 16 of the Development Agreement, up to ninety-four (94) housing units for affordable to lower income households, consistent with the requirements of the City’s adopted and certified 6th Cycle Housing Element Update shall be subject up to a 100% waiver as determined by the City Manager at the time of permit application of all City Development Impact Fees set forth in Chapter 3.29 of the Municipal Code, the License Tax on New Construction set forth in Chapter 7-1050
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3.28 of the Municipal Code, and the land dedicati on or in lieu fee requirements under Section
16.18.060 of the Municipal Code.
The proposed development of 94 affordable housing units will directly implement the City’s Regional Housing Needs Assessment (RHNA) allocation. The Specific Plan includes the application of the Affordable Housing Overlay included in the 6 th Cycle Certified Housing Element
and Preliminary Development Plan Case No. PDP23-0006 proposes entitlements for the units.
Community Design Goals & Policies
• GOAL CD 1: Preservation and promotion of the special identity of Rancho Mirage as an “Oasis in the Desert,” combing quality development with scenic, natural, and open space amenities.
• GOAL CD 3: Scenic roadways that impart a sense of place and are attractively landscapes, provide visual continuity along adjacent uses, preserve views, and create focused intersection landscaping.
• GOAL CD 5: Walls and fences that act as attractive elements of the streetscape, while providing privacy and views, creative design, and visual continuity.
• GOAL CD 6: Signage of the highest level of design and construction quality.
• GOAL CD 7: Protection of the star-studded desert night sky from excessive glare.
• GOAL CD 8: Architecture that is sensitive to its context, blending quality materials, distinctive detailing, and a strong sense of living with nature.
• GOAL CD 9: Retail centers in Rancho Mirage that are visually attractive, people-friendly, and economically successful.
• GOAL CD 10: Distinctly designed parking areas in Rancho Mirage’s commercial centers that incorporate rich paving materials, drought and heat -tolerant landscaping, clear and safe pedestrian and vehicular access, and protection from the desert climate through the use of well-placed trees and/or carports.
• GOAL CD 11: Parking areas that are screened from public streets to the greatest extent possible.
Response: The development standards and design guidelines provided in the Specific Plan promote a distinct and high- quality residential and commercial development that is compatible with the character of nearby residential developments and of the City as a whole. Shared neighborhood community spaces will be provided on- site, including a club house, pool, and paseo for the single-family rental housing, as well as shared outdoor amenities including pools for the affordable housing. The SP provides standards to ensure the adequate provision of parking, the screening of trash enclosures and other services areas, a c omprehensive landscaping plan that is consistent with the Model Water Efficient Landscape Ordinance 7-1051
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(MWELO), and perimeter walls with integrated landscaping to provide screening. The SP provides standards requiring signage to be high quality, attractive, and informative. The standards require lighting to be shielded and directed downward in order to reduce glare, preserve dark night skies, while still providing directional, safety, and informational functions.
The Specific Plan provides standards and guidelines to ensure high- quality, context sensitive design, while allowing flexibility for future tenants. It also includes guidelines to ensure cohesive yet visually-interesting schemes in building materials, color palettes, landscaping, signage, and lighting.
Arts & Culture Goals
• GOAL A&C 3: Night sky protection.
Response: Design guidelines provided in the Specific Plan require the use of shielded outdoor lighting in order to reduce light pollution and glare, consistent with §17.18.050 of the City’s zoning code.
DEVELOPMENT AGREEMENT CASE NO. DA23
-0002
In California, cities are allowed to enter into development agreements with any person(s) or entity(ies) having a legal or equitable interest in real property for the development of property in order to establish certain development rights in the real property.
A development agreement is intended to provide assurances to the developer that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of certain changes to the City’s policies, rules, and regulations after the project approval. This is in exchange for assurances that the C ity will receive certain payment of fees, the installation of certain infrastructure , and other benefits and conditions the City cannot otherwise unilaterally impose as conditions of approval of the project outside the context of a negotiated development agreement.
Development agreements eliminate a lot of uncertainty in planning, secure orderly development of the projects, assure progressive installation of improvements, and provide the least economic cost to its residents.
One purpose of the proposed Development Agreement is to ensure that Planning Area 2 is designated for affordable housing and to establish construction commencement. Pursuant to the development agreement’s Section 12, Planning Area 1 will begin construction within 3 years from the Development Agreement effective date, Planning Area 2 will begin construction within 4 years of the effective date, and Planning Area 3 will begin construction within 10 years of the effective date. The Development Agreement (Attachment 5) and accompanying ordinance are attached to this report.
SPECIFIC PLAN CAS
E NO. SP23-0002
The purpose of the Catana Specific Plan (SP) is to create a comprehensive planning document that will guide development of the project site. As stated in the City’s General Plan, s pecific plans seek to generate development of exceptional quality through flexible planning and design.
Specific plans differ in that they are intended for larger, more complex projects that integrate a variety of residential and non-residential land uses.
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Specific plans can also permit uses, development standards, and density/intensity levels beyond those allowed in the City’s Zoning Code. In return, specific plans require an applicant to demonstrate exceptional design quality and amenities, as well as a phased, cost -effective extension of infrastructure.
The California Government Code provides authority for a city to adopt a specific plan by ordinance (as a regulatory plan) or resolution (as a policy plan). The SP would be adopted by the Rancho Mirage City Council as an ordinance and would function as the regulatory document that serves as the zoning for the project site; the SP establishes the prevailing land use regulations for all development activities within the project site.
Pursuant to Section 17.54.020 “Intent” of the Municipal Code, a specific plan adopted by ordinance shall replace the base zoning district for the subject property, and the development standards and guidelines identified in the specific plan shall take precedence over the general standards and guidelines contained in Title 17 “Zoning” of the Municipal Code. In short, if adopted, the Catana Specific Plan will become the regulatory planning document for the 36-acre project site, superseding certain provisions within Title 17 (Zoning) of the Municipal Code.
This Specific Plan is intended to guide future development and use of land within the project site boundary, including the establishment of site -specific development standards and regulations.
The Specific Plan is intended to ensure quality development consistent with the goals, objectives, and policies of the City of Rancho Mirage General Plan.
Per the Rancho Mirage
General Plan land use plan and zoning map, the project site is designated as High Density Residential (R-H), which allows a residential density of up to 9 DU/AC. The SP would modify the proposed permitted uses on the site to allow a mix of high- density residential and commercial uses.
Organization
The Specific Plan is organized into six chapters as described below:
Chapter 1: Introduction – Pages 1-1 to 1-5
This section provides an overview of the document, the legislative authority for the Specific Plan, and other contextual information.
Chapter 2: The Project – Pages 2-1 to 2-3
This section describes the existing setting of the 36± acre project site as well as introduces the three distinct Planning Areas of the Catana Specific Plan.
The planning areas are briefly summarized below:
• Planning Area 1 proposes up to 210 single family homes with a central clubhouse, pool, gym and interconnected paseos that bring internal connectivity to the residents and PA
No. PA Use Area Propose Land Use Designation
1 210 rental single-family homes and amenities 24.4 ac High Density Residential (H-R) 2 95 apartments and amenities 3.3 ac High Density Residential (H-R) with Affordable Housing Overlay (AHO)
3 Up to 75,000 square feet of commercial uses 8.3 ac General Commercial (C-G) Grand Total 36 ac
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provides their homes a garden setting. This planning area is being developed consistent with the currently allowed density of 9 units per acre under the High Density Residential (R-H) designation.
• Planning Area 2 proposes up to 95 apartments and includes a central recreation area.
Residents are expected to be working couples and families who will benefit from affordable housing. This Planning Area will apply an Affordable Housing Overlay to allow a density of up to 28 units per acre.
• Planning Area 3 proposes up to 75,000 square feet of commercial uses . This Planning Area will be developed using the General Commercial (C-G) development standards.
Chapter 3: Development Standards – Pages 3-1 to 3-19
This chapter identifies the development standards applicable to the Catana Specific Plan area.
The establishment of the site- specific development standard s are intended to guide orderly development within the Specific Plan area. It establishes the types of land uses allowed in each Planning Area, as well as the setbacks, building heights, and parking requirements.
Permitted, conditionally permitted, and prohibited land uses are listed in the Specific Plan for Planning Areas 1 , 2, and 3. Planning Areas 1 and 2 will be limited to residential uses, while Planning Area 3 follows the allowable uses within the C-G Zoning District, with the rem oval of uses that are not compatible with surrounding uses including the Rancho Mirage High School .
The list of uses is intended to be complete enough to adequately describe the permitt ed uses that are compatible with the land use objectives for each Planning Area.
The below tables show the proposed development standards for the various Planning Areas:
Planning Areas 1 & 2 – Residential Development Standards PA 1 PA 2
Minimum Parcel Size 25 ac. 3 ac.
Minimum Parcel Dimensions
East-west
North-south
980 feet
450 feet
270 feet
400 feet
Density 5-9/acre 28/acre
Units (max.) 210 95
Private Outdoor Living Space (min.) 325 SF 60 SF
Common Open Space (min.) 20% 5,000 SF
Setbacks
Building to internal driveway 8 10
Building to parking lane 2 10
Distance between buildings (min. feet):
Detached units
Attached units
Between apartment buildings
15 N/A
N/A
10 Buildings in PA 2 (min. feet)
To PA 1 and PA 3
To west boundary
N/A
N/A
10 20
Carports to property line N/A 5
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Planning Areas 1 & 2 – Residential Development Standards PA 1 PA 2
PA 1 single story limitation (15 foot height
limit)
From north property line
From east property line
45 feet
55 feet
N/A
N/A
Other Standards
Maximum Building Coverage 35% 35%
Maximum Building Height 25 feet 37 feet1
Carports N/A 15 feet
Unit Size (min.) 1,200 SF 600 SF
Fences/Walls (max.) 6 ft.2 6 ft.
Parking 2 spaces in garage3 + 0.5
guest4
1.25 spaces/unit,
min. 50% carports
1 In PA 2, an additional setback of 2 feet for every foot of building height is required from the west property line, consistent with RMMC Section 17.20.100.
No additional setbacks are required for the north, east and south property lines. 2 At the entry of Planning Area 1, monumentation in the form of wall extensions can extend above 6 feet and up to 14 feet, as long as the area above 6 feet is less than 500 square feet in total. See Section 3.2.2 below. 3 Minimum garage size 400 SF.
4 Parallel parking spaces shall be minimum 24 feet and up to 26 feet in length, 9 feet in width, consistent with other City Specific Plans.
Planning Area 3 Development Standards
Gross Lot Area 8 acres1
Lot Coverage (max) 35%
Building Setbacks
Ramon Road 25
Side (each) 20
Street Side (Rattler Road) 25
Rear 25
Distance between structures (min.) 20
Other Standards
Max. Height (feet) 282
Stories
Retail
Office
1 2
1 Total site area. Internal subdivision allowed, with cross-easements for access and parking. 2 50% limitation on mass at 28 feet. 24 feet average project -wide.
The Specific Plan proposes height maximums above 20’ in height. In compliance with Section
17.20.100 of the municipal code, the Specific Plan incorporates the following considerations:
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.
a. In PA 2, an additional setback of 2 feet for every foot of building height is required from the west property line, consistent with RMMC Section 17.20.100. No additional setbacks are required for the north, east and south property lines . In addition, PA 3 is restricted to a 50% limitation on mass 28’. 7-1055
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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. a. Enhanced buffering is provided in PA 1. The site is limited to single story structures along the northern and eastern boundary. Buffer zones of 45’ and 55’ are provided for any second story elements.
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.
a. Visual site analysis is provided within the proposed Preliminary Development Plans.
4. The need and appropriateness of the additional height shall be demonstrated to the satisfaction of the council.
a. The applicant has provided a thoughtful approach to the additional height through the use of setbacks, buffering, landscape and site layout and design.
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.
a. The applicant has utilized building location and orientation to ensure minimal impact to the surrounding development. The Specific Plan also includes buf fer zones and mass limitations to ensure compatibility.
Chapter 4: Design Guidelines – Pages 4-1 to 4-14
The prescribed architecture and design of the proposed project is a modern inspired theme with materials that portray a serene, upscale retreat environment complementary of the surrounding local desert. T his chapter provides the overarching design guidelines and principles of the Catana Specific Plan to ensure the development of a high-quality, well-designed residential and commercial project while allowing for variation and flexibility. Chapter 3 provides prescriptive and quantitative standards, while the design guidelines in this Chapter are more discretionary and qualitative.
Landscape guidelines establish integrated and cohesive landscape design tools and guidelines responsive to the urban context and environmental conditions of the area. Landscaping p lans will be subject to the RMMC Chapter 17.24. The plant palette will feature a variety of trees, palms, shrubs, groundcovers and vines featuring desert-compatible species. Inert materials and decorative pavers will also be used to complement natural vegetation.
Chapter 5: Infrastructure – Pages 5-1 to 5-11
The chapter provides an overview of the overall infrastructure for the Specific Plan area . The subject site’s circulation is described with street sections and other exhibits related to traffic and 7-1056
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pedestrian flow. Additional information is provided related to water, sewer, and other utilities.
Chapter 6: Administration – Pages 6-1 to 6-2
This chapter describes the procedures for the administration and implementation of the Specific Plan. This section defines processes for administrative and formal changes, interpretations of regulations, and enforcement of the Specific Plan.
Appendix A explains the relationship between the Specific Plan and General Plan. The section was developed with the Goals and Policies of the 2017 Rancho Mirage General Plan, as amended, in mind.
TENATATIVE PARCEL MAP CASE NO. TPM23
-0004 (TPM38834)
The purpose of the Tentative Parcel Map Case No. TPM23-0004 (Tentative Parcel Map 38834) is to subdivide the 36± acres into three parcels corresponding to the 3 Planning Areas.
The table below summarizes the proposed parcels:
Parcel No. PA
No. Size Proposed Land Use Designation
Parcel 1 1 24.44 acres / 1,064,778 square feet High Density Residential (H-R) Parcel 2 2 3.38 acres / 147,286 square feet High Density Residential (H-R) with Affordable Housing Overlay (AHO)
Parcel 3 3 8.91 acres / 1,600,176 square feet General Commercial (C-G)
The site is undeveloped, and grading will be conducted in compliance with City’s standards.
The proposed pad elevations have been determined by the topography of the site and will be verified and determined by the City Engineer.
The following are the proposed pad elevations for the Planning Areas.
Access a
nd Traffic
The Specific Plan proposes four access points and two emergency access points. Planning Area 1 will have two emergency-only accesses and one full access (gated) driveways along Rattler Road and access onto the westerly driveway for residents, whil e Planning Area 2 will be accessed from the project driveway on the west side of the site, from Ramon Road. The commercial portion of the proposed project, Planning Area 3, will have one full access driveway along Rattler Road, and two restricted access driveways along Ramon Road.
The westerly driveway serves as the primary access to the Planning Area 2 and also connects to Planning Area 1 and Planning Area 3. The westerly driveway is proposed as a Right-In/Right- Out with Left-In-Only (no left out) median configuration at the southwest driveway access to the Parcel No. PA No. Proposed Pad Height
Parcel 1 1 321.70 feet to 343.80 feet
Parcel 2 2 336.50 feet to 339.50 feet
Parcel 3 3 339.00 feet
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site. This access provides the only eastbound left -in access opportunity from Ramon Road to the site.
As part of the project -specific IS/MND, a Traffic Impact Analysis (TIA) and a Vehicle Miles Traveled (VMT) Screening Analysis were prepared. The analyses found that providing additional capacity (adding eastbound turn lanes) is not anticipated to improve intersection delay at these school access driveways, and this condition is solely associated with high school traffic.
The TIA identified two existing deficient intersections of Rattler Road / School Access 1 and Rattler Road / School Access 3. Both intersections fail due to the high eastbound outbound school traffic (minor approach) and are not anticipated to impede the flow of traffic for the northbound and southbound through traffic (major approaches). Providing additional capacity (adding eastbound turn lanes) is not anticipated to improve intersection delay at these school access driveways. The IS/MND included a mitigation measure that states that in addition to paying the requisite CVAG TUMF fee, and to remedy intersection LOS deficiencies, the proposed project’s fair share of cumulative traffic amount is 5.7% towards the 2040 lane re- striping improvements at Date Palm Drive / Ramon Road and 8.2% towards the 2040 ultimate lane improvements and signal modification at Da Vall Drive / Ramon Road . A ll study area intersections were evaluated using the Highway Capacity Manual (HCM) 6th Edition analysis methodology.
The TIA also used the signal warrant criteria presented in the latest edition of the Caltrans California Manual on Uniform Traffic Control Devices (CA MUTCD), for all study area intersections. The project fair share calculation is as follows: Project Fair Share % = Project Traffic / (Horizon Year 2040 With Project Traffic – Existing Traffic).
The VMT Screening Analysis was prepared by Urban Crossroads in June 2023. The City’s VMT policy establishes VMT as the metric to measure transportation impacts in conformance with CEQA. Exhibit A of Resolution 2021- 06 sets forth screening criteria under which Projects are not required to submit detailed VMT analysis. Of the seven (7) screening steps, the VMT analysis found that the proposed project me t two of the screening criteria: As such, per the City’s VMT guidelines, the project can be determined to have less than significant impacts on circulation.
PRELIMINARY DEVELOPMENT P
LAN CASE NOs. PDP23-0006 & PDP23-0007
The purpose of a Preliminary Development Plan (“PDP”) is to identify project -specific activities which are intended to commence in the near term. As mentioned above, the Specific Plan provides general guidance for the development of the property. The PDP takes it a step further in providing architectural and engineering details at the project level. The PDP can be thought of as a tool to implement the Specific Plan and is a necessary step that needs to be considered before issuance of Building and Engineering permit. The proposed project consists of two Preliminary Development Plans, PDP23-0007 for the single -family residential neighborhood in Planning Area 1 and PDP23-0006 for the affordable apartments in Planning Area 2. Additional Development Plan(s) will be submitted for Planning Area 3 in the future.
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 7-1058
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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 a 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.
PRELIMINARY DEVELOPMENT PLAN CASE NO. PD
P23-0007 – PLANNING AREA 1
Planning Area 1 proposes 210 single -family rental units with a central recreational center and additional resident amenities that include interconnected paseos that bring internal connectivity to the residents and provide the homes with a garden setting.
Site Plans –
Pages 4-6
PA 1 will be one parcel and is not proposed to be further subdivided. PA 1 will have two retention basins to the north of the site. The northwest retention basin serves as a buffer between the project site and the existing residential community-Tuscany. The main entrance will allow a car stacking of up to six cars and accommodate up to nine vehicles off Rattler Road.
PA 1 proposes
internal driveways that allow for parallel park ing and provides a sidewalk and landscape buffer between the drive aisle and the buildings.
Setbacks
All proposed buildings within the project site meet the required setbacks as specified in the Specific Plan development standards for Planning Area 1.
Lot Coverage
Lot coverage is proposed at 31%, for 331,814 square feet of residential uses on the 25-acre site, Planning Area 1 allows for up to 35% lot coverage.
Parking
All units are provided with a 2- car garage. Garage access is proposed via 24- foot wide drive lanes. Guest parking is provided throughout Planning Area 1, which includes ninet y-three (93) on-street parallel parking spaces and twelve (12) spaces (including two ADA spaces) in front of the recreational center.
Single Family Rental Units – P
ages 15-43
The rental units will be a mix of 2-, 3-, and 4-bedroom units with a combination of one- and two- story buildings. PA 1 proposes three Plan Types and a duplex that utilizes Plan Types 1 and 2.
The most prolific plan type will be the duplex with a mix of the other three plan types to provide variety.
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Planning Area 1 - PDP23-0007
Lot Coverage and Elevation Scheme
Elevation Scheme
A B Total
Buildings
1st Floor
Living
Area
2nd Floor
Living
Area
Garage
and Mech
Total
Building
Footprint*
Plan 1
2-BED 7 7 14 1,202 SF -- 491 SF 1,693 SF
Plan 2
3-BED 10 11 21 957 SF 723 SF 467 SF 1,424 SF
Plan 3
4-BED 10 11 21 976 SF 960 SF 461 SF 1,437 SF
Duplex
PLAN 1 + 2 38 39 77 2,159 SF 723 SF 958 SF 3,117 SF
Total 65 68 133
49% 51% 100% *Includes 1st Floor Living Area, Garage, and Mech SF
Floor Plans
Plan Type 1 is a two-bedroom two-bath unit with a two- car garage. This Plan T ype is single - story. Plan Type 2 is a second-story unit and provides for three bedrooms , three baths and a two-car garage. Plan Type 3 will have four bedrooms and three bathrooms along with a two-car garage. The duplex building will be a combination of Plan Types 1 and 2. A total of 77 buildings out of the 133 buildings will be duplexes.
Elevations
Planning Area 1 proposes a maximum height of 25 feet with a 15 -foot maximum height limit within 45 feet of the northern boundary (border of Tuscany and R ancho Mirage High School) and 55 feet of the western boundary (Rattler Road). There are four plan types and two elevation schemes for the project as shown in the above table. Plan Type 1A is proposed for 7 units and has a cool sand tone palette. The maximum height is 14 feet- 7 inches.
Plan Type 1B is proposed
for 7 units and has darker desert tones. The maximum height is 15 feet-3 inches. Plan Type 2A is proposed for 10 units and has a sand tone palette with a dark brown accent for the garage door. Plan Type 2B is proposed for 11 units with light beige as the main stucco color and dark brown accents. Both Plan Types 2A and 2B have a maximum height of 24 feet 10 inches, which complies with the maximum height limit of 25 feet. Duplex A will have the same color scheme as Plan Type 1A.
Duplex B and will have the same color scheme as P lan Type 1B. The maximum height for the duplex buildings will be 24 feet and 10 inches.
Site Analysis
– Pages 11-14
Currently, the residents to the northwest (Tuscany) have middle and upper views of the Santa Rosa Mountains to the south and Little San Bernardino Mountains to the east. There are limited visual resources to the southeast where the proposed Project is located, and the visual quality of existing viewsheds is already obstructed by intervening development and distance from the foothills. The proposed residential units proposed in PA 1 (nearest to Tuscany) are d esigned with building heights of up to 25 feet, and with only partial second stories, which will provide breaks in structure massing. In addition, a setback of 45 feet is proposed for second story features along the north boundary of the site. As part of the exhibit booklet, visual simulations were provided for various viewpoints to show the level of impact.
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Future residential development to the east of the site will not experience a change in northerly or southerly views but could experience view blockage of the foothills to the west. However, the upper elevations of the San Jacinto mountains would remain visible due to the limited height allowed in PA 1 (25 feet), and the distance from these homes to the project site across Rattler Road.
Future residential development to the west will not experience a change in northerly, southerly, or westerly views, but could experience view blockage of the foothills to the east. However, the upper elevations of the San Bernardino mountains would remain.
Public views from Ramon Road and Rattler Road for travelers on these roadways would be impacted in a similar manner, with northerly views of the San Bernardino foothills obst ructed, but the ridgelines visible above due to distance for travelers on Ramon Road. From Rattler Road views to the west would be similarly affected, but the higher elevations of the San Jacinto Mountains to the west would remain visible.
Recreational Center –
Pages 44-48
The total building footprint for the recreational center is 8,022 square feet consisting of 6,404 square feet of conditioned space and 1,172 square feet of unconditioned space. The recreation center will provide residents with amenities such as a pool and spa, fitness center, office space, community room, co-work areas, mail room, golf cart garage, enclosed pool equipment, and lounge areas along the pool. The front entrance of the center provides ten (10) standard parking stalls and two (2) ADA parking stall s.
The building will have varying facades and the color
scheme incorporates darker mountain tones with warm tones that match the residences. The maximum height will be 20 feet- 5 inches.
Landscape –
Pages 56-60
The conceptual landscape plans provide typicals for four areas within PA 1. Along Rattler Road there is a proposed parkway with shade trees and smaller plantings along with a meandering sidewalk.
PA 1’s main entry will have a variety of palms and agaves planted in geometric patterns. PA 1 proposes paseos which serve to create a garden environment to the residences.
Per the RMMC , three shade trees are required for every single- family home’s front yard. The paseo will feature a minimum of 30 shade trees per 10 residences which meets the intent of the municipal code by providing ample shade in the neighborhood.
Photometric Plans –
Pages 61-67
Photometric Plans have been included in the Exhibit Booklet on pages 61-67 which demonstrate light containment on the property and show readings at all adjacent property lines to be zero foot candles. This is in compliance with City standards. The final lighting plans will be reviewed in detail during the Final Development Plan application for compliance. Condition of Approval #13 is added to ensure compliance with City policy at all times.
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PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP23-0006 – PLANNING AREA 2_____ Planning Area 2 (PA 2) will apply an Affordable Housing Overlay to allow a density of up to 28 units per acre.
Site Plan – Page 3
PA 2 proposes four, three-story apartment buildings with fifty-eight (58) units being two bedrooms with one bath and thirty-six (36) units being three bedrooms with two baths within four buildings centered around a paseo and common recreational amenity. Parking will be provided along the perimeter of the site and will include carports. The subject site will have one (1) access point from Ramon Road.
Setbacks
All proposed buildings within the project site meet the required setbacks as specified in the Specific Plan development standards for Planning Area 2.
Lot Coverage
Lot coverage is proposed at 22%, for 32,236 square feet of residential uses on the 3.3-acre site, Planning Area 2 allows for up to 35% lot coverage.
Parking
One hundred and sixteen ( 116) standard parking stalls and eight (8) ADA parking stalls are proposed with a parking ratio of 1.25 spaces per unit which differs from the RMMC requirement of 2 covered per unit and 1 off street for guests for every two units. There are no street parking stalls proposed for this project site. It is common for affordable housing projects to request a reduction in parking spaces in order to facilitate the construction of affordable development. The State encourages municipalities to consider and process concession requests as part of affordable developments. In reviewing the proposed parking ratio, staff took into account the State’s recommendations, previous project development experience and unit account and found it to be acceptable.
Covered Parking
Municipal Code Section 17.26.070 requires a minimum of 25% of the provided parking to be shaded. The applicant proposed carport structures to cover sixty -two (62) spaces, which result in approximately 54% covered parking spaces. The proposed carport structures will be located at the perimeter of the site and maximum height of 15 feet. Per Condition of Approval # 25, the applicant shall submit plans for the proposed carports part of the FDP submittal.
ADA Parking
Pursuant to Section 17.26.060 of the RMCC, a proposed project of 101-150 parking spaces shall provide a minimum of five (5) ADA parking spaces. The applicant proposes eight (8) additional ADA parking spaces within the project area, which will exceed the requirement by three (3) spaces.
Floor Plans
– Pages 17, 18, 21, & 22
Building B will hold the community room, and six units on the first floor. The second floor will hold eight units. The third floor will also hold eight units. The roof plan will match the other three 7-1062
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buildings. The community center will provide a lounge area, an office area, community working areas, a kitchen, and a laundry room.
Elevations
– Pages 20 & 24
PA 2 proposes an allowable maximum height of 37 feet, the subject apartment buildings will have a maximum height of 35 feet at the top of the parapet. The building design is geometric and modern. Sleek lines and varying facades help break up the massing. The proposed color scheme is a two-tone approach, the same as PA 1’s color scheme 3 with DEC745, a light beige, and DE6125, a cool brown.
The building also proposes a maximum height of approximately 35 feet to the parapet. The entrance to the community room can be seen on the right elevation.
Landscaping –
Pages 4-6
Drought-tolerant trees, shrubs and accents will be utilized to both enhance the affordable apartment complex as well as complement the desert environment. Per the RMMC Section
17.24.040, project areas over 1- acre are required to have trees at a ratio of 30% 36 -inch box, 50% 24-inch box, and 20%15-gallon with shrubs at 60% 5-gallon and 40%1-gallon. These ratios will be required once the Final Development Plan landscape plans are submitted.
Photometric Plans & Lighting Specifications – P
ages 7-11
Photometric Plans have been included in the Exhibit Booklet on pages 65-72 which demonstrate light containment on the property and show readings at all adjacent property lines to be zero foot candles. This is in compliance with City standards. The final lighting pla ns will be reviewed in detail during the Final Development Plan application for compliance. Condition of Approval #13 is added to ensure compliance with City policy at all times.
PHASING
Construction of the 36± acre project site will be phased. Pursuant to the proposed Development Agreement’s Section 12, Planning Area 1 will begin construction within 3 years of the effective date, Planning Area 2 will begin construction within 4 years of the effective date, and Planning Area 3 will begin construction within 10 years of the effective date. Condition of Approval #8 has been added to ensure compliance.
ARCHITECTURAL REVIEW WORKING GROUP
On January 29, 2024, the proposed project was presented to the Architectural Review Working Group (ARWG). Staff provided an overview of the proposed project and opened the discussion. The applicant’s team shared a presentation on the overall project concept and expanded on the proposed PDPs for Planning Areas 1 and 2 . The ARWG raised ques tions regarding the proposed materials, solar and wind control, and roof and siding considerations.
The questions related to solar control and roof design will be addressed upon the submittal of the Final Development Plan.
FINAL DEVELOPMENT PERMIT (F
DP)
Prior to the issuance of any building permits, the applicant shall submit a Final Development Plan and pay the requisite fees. The FDP shall include detailed written responses to each of the project’s conditions of a pproval along with final sets of construction, grading, lighting , and landscaping plans.
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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 FDP process or Minor Modification process . If, however, there are wholesale changes to the project during the FDP review , the applicant shall be required to submit additional applications to modify the entitlement as necessary.
MAILING & NOTICING REQUIREMENT
This application request was publicly posted and mailed to all affected property owners within 500 feet of the parcel boundary pursuant to the requirements of Chapter 17.74 of the Municipal Code. Any information addressed to the Planning Commission, but received after the completion of this final report, will be distributed at the public hearing.
Municipal Code Section 17.74.020, Hearing and notice, requires that all property owners, as shown on the county’s latest equalized assessment roll, within a five- hundred-foot radius of the boundaries of the subject parcel be notified of matters requiring a public hearing. If the number of property owners to whom the notice would be mailed to is less than twenty -five, then the mailing radius is required to be increased to one thousand feet as measured from the exterior boundaries of the subject parcel. The Notice is also required to be published in a local newspaper of general circulation and in public places. The subject notice was published in The Desert Sun on Sunday, March 17, 2024. The notice was also posted at City Hall, The Rancho Mirage Library & Observatory, and on the City’s website on March 13, 2024.
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CONDITIONS OF APPROVAL :
Special conditions (or portions thereof) are designated by bold.
GENERAL F OR EA23-0006, GPZMA23-0002, DA23-0002, SP23-0002, TPM23-0004, PDP23- 0006 & PDP23-0007
1. All improvements shall conform to the provisions of the Rancho Mirage Municipal Code (RMMC), unless specifically modified by any of the following conditions or the Cata na Specific Plan.
2. Development of the Subject Property shall require the appropriate entitlement process as determined by the Planning Division.
3. The project entitlements are subject to the 15- year term set forth in the 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 Case Nos. EA23- 0006, GPZMA23-0002, DA23-0002, SP23-0002, TPM23-0004, PDP23-0006 & PDP23- 0007 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. 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, Catana Specific Plan and other requirements in effect at the time of building permit issuance.
CONFORMANCE
7. The development of the subject property shall conform substantially with the approved exhibits contained in Case Nos. EA23-0006, GPZMA23-0002, DA23-0002, SP23-0002, TPM23-0004, PDP23-0006 & PDP23-0007 on file in the Planning Division of the City of Rancho Mirage. This includes all dimensional and size specifications, landscaping, hardscape, water elements, parking areas, design treatments (including color and materials), and the locations of buildings, structures and plant materials as shown in the Specific Plan document and the PDP exhibit as attached to this staff report.
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PHASING
8. This is a Phased Project. Pursuant to the development agreement’s Section 12, Planning Area 1 will begin construction within 3 years of the effective date, Planning Area 2 will begin construction within 4 years of the effective date, and Planning Area 3 will begin construction within 10 years of the effective date.
Each Phase is to be considered “stand-alone” and shall always provide secondary emergency access and all improvements within said phase to the satisfaction of the City Engineer and Fire Department as a part of the Final Development Plan for each respective Phase.
PRELIM
INARY DEVELOPMENT CASE NO. PDP2 3-0006:
FINAL DEVELOPMENT PLAN REQUIRED
9. A Final Development Plan application (FDP) shall be required prior to issuance of any grading or building permits (application on file with the Planning Division). The Final Development Plan (FDP) 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.
10. The Development Services Director shall consider the Final Development Plan Permit application. He or she may approve a Final Development Plan permit if it substantially conforms to the Preliminary Development Plan and associated Conditions of Approval.
11. The approved Preliminary Development Plan may be modified only with City approval in a manner pursuant to Section 17.42.120 (Modification of a Development Plan Permit) and the Catana Specific Plan and terms of the Development Agreement. Minor modifications to an approved Preliminary/Final Development Plan may be considered by the Development Services Director.
12. 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 Catana Specific Plan and Development Agreement.
FINAL DEVELOPMENT PLAN – LIGHTING
13. 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. All pole or building mounted lighting 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 photometric plan shall be required as a part of the Final Development Plan application 7-1066
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and shall show a zero-foot-candle light reading at all property lines.
OTHER
14. All green waste shall be disposed of at a permitted composting facility.
15. 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, 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.
16. The development shall comply with the requirements of Assembly Bill AB341 .Recycling containers shall be sized in accordance with the anticipated need as approved by the City’s contracted waste hauler. The applicant shall also participate in the Burrtec Organic and Food Waste Recycling program. Recycling bin enclosures shall be located and architecturally screened in accordance with the Rancho Mirage Municipal Code as approved by Staff.
17. As part of the FDP submittal, the applicant shall obtain a letter of compliance/approval from the City’s contracted Waste Hauler (Burrtec) for the design of their trash bin enclosures. Said enclosures shall be designed to accommodate trash, recycle, and organic waste receptacles as required by State law.
18. All water features shall be maintained in compliance with Ordinance No. 844.
19. All new landscaping shall be water efficient landscaping and shall be installed and maintained in compliance with Chapter 17.24 (Landscaping Standards) of the Rancho Mirage Municipal Code.
A. Vegetation with spikes that may be harmful to pedestrians shall be a minimum of three (3) feet away from walkways.
20. The location of this project is considered an “infill site” with very close proximity to existing residences. Should the City receive complaints about construction 7-1067
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noise from residents in close proximity of the project, the City may limit construction activities to the hours between 7am and 5pm.
21. The mitigation measures contained in the Mitigated Negative Declaration (SCH Number 2023120616) based on Environmental Case No. EA23 -0006 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.
22. The project must meet Title 24 measures at the Final Development Plan (FDP) submittal. Solar control should be reviewed by the applicant at the time of FDP submittal.
23. The project shall be an affordable housing development and any necessary covenants shall be recorded to ensure continued affordability as described in the associated Development Agreement.
24. As part of the FDP submittal, the applicant must provide plans for the proposed carports for Planning Area 2.
PLANNING D
IVISION: Prior to approval of a Final Development Plan, the following Conditions shall be satisfied:
FILING FEES
25. Within 5 days of project approval the applicant shall submit to the City of Rancho Mirage a check in the total amount of $2,966.75 made payable to the City of Rancho Mirage for the CEQA filing fees for the IS/MND (SCH#2023120616).
HARDSCAPE, LANDSCAPE AND SCREENING
26. In conformance with Rancho Mirage Municipal Code Chapter 17.24, a complete set of on-site and off-site Landscaping Plans and installation schedules shall be required for all public and private street parkway areas between any curb and the right of way line or perimeter wall, including any common areas, and shall be submitted to, and approved by the Planning Division prior to issuance of a building permit.
27. The plans shall be submitted as a Landscape Documentation Package in accordance with Ordinance No. 990. 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 issuance of permits as a component of the Final Development Plan (FDP) or conformance check.
28. Where walls are shown on the development plan they shall be designed consistent with the approved plan set with aesthetic relief and be of high- quality architectural design to complement adjacent developments.
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29. 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.
30. 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 Chapter 17.20 of the Rancho Mirage Municipal Code and/or installed underground if required.
LANDSCAPE VERIFICATION
31. The project landscape architect shall submit written verification that the landscaping and irrigation has been installed per the approved landscape plan.
32. The project approvals do not authorize any use of lands outside of the project boundaries depicted in the Specific Plan and Preliminary Development Plans.
33. Per RMMC Section 17.20.040 (E), all mechanical equipment must be screened.
BUILDING &
SAFETY DIVISION: Prior to the issuance of Building Permits the following Conditions shall be satisfied:
TUMF FEE
34. The applicant shall pay the applicable Transportation Uniform Mitigation Fee in effect at the time the Building Permits are issued.
LICENSE TAX FOR NEW CONSTRUCTION
35. The applicant shall pay to the Building Division the License Tax for New Construction pursuant to Chapter 3.28 of the Municipal Code and Capital Facilities Needs Study to mitigate the impact of the development on said capital facilities, per the Development Agreement.
DEVELOPMENT IMPACT FEES
36. The applicant shall pay the residential Development Impact Fees 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 Chapter 3.29 of the Rancho Mirage Municipal Code, per the Development Agreement.
PAD CERTIFICATION
37. Prior to release of Building Permits, a Pad Certification submitted by a Licensed Land Surveyor or Civil Engineer, attesting to the elevation matching the rough grade pad 7-1069
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elevation shall be submitted to validate the rough grading completion.
COMPACTION REP ORT
38. 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, is 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.
OPERATIO
NAL FIRE HYDRANT
39. In accordance with the Fire Marshall’s directives, Building Permits shall not be issued until an acceptable fire hydrant is operational and active within the required distance of the project.
CONSTRUCTION AND DEMOLITION DEBRIS PLAN
40. In conformance with Rancho Mirage Municipal Code Chapter 7.07, construction and demolition debris from the project must be diverted from landfill and either recycled or reused to the maximum extent feasible. The applicant shall have prepared a Construction and Demolition Debris Plan (C&D Debris Plan) that shall be submitted to the Planning Division for review and must be approved by the City’s Compliance Officer prior to the issuance of any development, building, grading or demolition permit. For ease of preparing the C&D Waste Diversion Plan, the applicant may contact the Planning Division to obtain the outline and format for the Plan.
PERMITS & CLEARANCES
41. The applicant shall provide evidence of all applicable permit(s) or clearance(s) from the following agencies:
• C ity Engineer
• County Dept. of Environmental Health
• Rancho Mirage Planning Division
• Coachella Valley Water District
• Burrtec
• Palm Springs Unified School District
• Fire Marshal
• City Attorney
• City Contract Specialist
• SCAQMD
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TENATIVE PARCEL MAP CASE NO. TPM23 -0004 (TPM 38834) AND PRELIMINARY DEVELOPMENT CASE NO. PDP23-0006:
CITY AT TORNEY : Prior to issuance of Building Permits the following Conditions shall be satisfied:
INDEMNITY AGREEMENT
42. As set forth in the Development Agreement, the applicant 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 applicant of any claim, action, or proceeding and the City shall cooperate in the defense. If the City fails to notify the applicant of any claim, action or proceeding, the permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the city.
REIMBURSEMENTS
43. The applicant 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 project per the Development Agreement. Although the applicant 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.
IMPROVEMENT SURETY
44. 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.
RELEASE OF PLANS
45. 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.
NOTICE TO CITY UPON DEVELOPERS’ DEFAULT, FORECLOSURE OR BANKRUPTCY
46. 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.
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CONTRACT SPECIALIST: Prior to issuance of Building Permits the following Condition shall be satisfied:
MAINTENANCE OBLIGATIONS
47. 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.
FIRE MARSHAL
: Prior to issuance of A Final Development Plan, the following Conditions, as may be modified by the County Fire Marshal through an Alternative Means and Methods, or otherwise, shall be satisfied:
ADVERSVE IMPACTS
48. 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 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.
ACCESS
49. 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.
FIRE APPARATUS ACCESS ROADS
50. F ire apparatus access roads, commonly referred to as fire lanes, shall be provided for every facility or building when any portion of an exterior wall of the first story is located more than 150 feet from a public roadway, as measured along an approved route.
Extenuating circumstances, increased hazards, and additional or modified fire safety features as deemed necessary by RVCFD may affect these requirements.
51. F
ire Apparatus Access Road Design - Roadways must be engineered to support emergency response apparatus. Roadways must be designed to facilitate turning radii of 7-1072
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apparatus and meet requirements for gradient, height clearance, and width. Specific criteria pertaining to the design of fire apparatus access roadways are detailed below.
52. Fire apparatus access roads shall be designed, constructed, and maintained to support the imposed load of fire apparatus weight of 75,000 pounds. The surface shall be designed, constructed, and maintained to provide all-weather driving capabilities. A wet- stamped and signed written statement prepared by a registered engineer, shall be included on the plans certifying that new roadway design and construction meets the requirements for fire apparatus weight and all-weather capability. A road base without an appropriate topping or binding material does not satisfy the all-weather requirement.
53. Required Number of Fire Apparatus Access Roads: One access will be required where any portion of an exterior wall of the first story of a building is located more than 150 feet from a fire access roadway. The required access distance is to be measured by an approved route around the exterior of the building.
54. Location of Fire Apparatus Access Roads: For purposes of determining the suitability of public roads and fire apparatus access roadways for staging fire apparatus and facilitating fire suppression operations for a particular structure, the following criteria shall apply: To protect fire apparatus, personnel, and equipment from damage and injury from falling debris, the edge of fire access roadways serving buildings shall be located between 15 and 40 feet from the building. These distances are measured from the face of the building to the top edge of the curb face or rolled curb flow line nearest the structure. This road shall be positioned parallel to the building.
55. Width of Fire Access Roads - The minimum width of a fire access roadway is 24 feet.
Where a center median is included within the roadway, the required width shall be provided on both sides of the median.
56. Parking Restrictions - Parking is not permitted on roadways that are less than 24 feet in width.
57. Vertical Clearance - Fire access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches.
58. Dead-end Access Roadways - Dead-end roadways in excess of 150 feet shall be designed and constructed with approved turnarounds or hammerheads.
59. Fire Apparatus Access Road Grade - The grade for access roads shall not exceed 15%.
Cross-slope shall not be greater than 2.5% for paved access roadways.
60. Inside and Outside Turning Radii - The inside turning radius for an access road shall be 18 feet or greater. The outside turning radius for an access road shall be 38 feet or greater. As fire apparatus are unable to negotiate tight “S” curves, a 56 -foot straight leg must be provided between these types of compound turns or the radii and/or road width must be increased accordingly.
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WATER
61. Fire Department water system(s) for fire protection shall be in accordance with the California Fire Code, Cit y 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.
PUBLIC WORKS DEPARTMENT
– Prior to City Council Approval of the Final Map, the
following Conditions shall be satisfied:
62. A
ll right turn pockets must be per Standard 405, with minimum 90’ taper length, and 150’ storage length into the two main entrances on Ramon Road. The two (2) emergency accesses on Rattler Road does not need a right turn pocket, and must use a driveway with “Mountable 4” Curb and Gutter” per Standard 221, and “Emergency Access Only” signage to dissuade accidental entry.
63. The left-in only turn on Ramon Road must be designed per the California 18M (59’) Semitrailer Wheel Track Template, so that larger trucks can make this turn into the commercial area, to avoid “U turns” at the traffic signal.
64. A truck turning analysis shall be done on the commercial parking and all connections to the residential areas to confirm that all expected delivery vehicles, emergency vehicles and trash pickup trucks can access the areas.
65. existing pre-fabricated, two seat, bus shelter structure on Ramon Road must be replaced with a larger structure constructed with an architectural style in coordination with the buildings of the commercial area, to the satisfaction of Sunline Transit and the City Planning and Engineering D ivisions. If the existing 8’x50’ bus shelter easement is not sufficiently large, additional easement may be required to be dedicated with the Tentative Parcel Map.
66. F
ORMATION AND/OR ANNEXATION TO CFD
Pursuant to Ordinance No485 the applicant shall provide evidence that formation of, or annexation to a Communities Facilities District (CFD) No. 1 –Police and Fire services - to pay the City annually for public service costs associated with this project has been initiated. 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 CFD annexation must occur prior to issuance of Grading Permits, or prior to Final Map approval if there is one.
67. S
tudies and Calculations Required
The applicant shall submit a soils report, geological and hydrology studies, and hydraulic calculations, as required by the City Engineer, prior to approval of the Grading Plan.
68. G rading & Drainage Plan
The applicant shall be required to submit a grading and drainage plan prepared by a 7-1074
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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.
69. S
tormwater Retention
The grading of the project shall be designed such that all storm water to the level of a 100 year frequency storm; worst case of the 1, 3, 6, or 24 hour duration, shall be retained on site. A Hydrology/Hydraulic Report, in accordance with the Riverside County Hydrology Manual, shall be submitted from a Registered Civil Engineer, showing how this stormwater is handled.
70. W
QMP
Whether they are in areas that must retain 100% stormwater or not, all discretionary projects that meet any of the following criteria must submit “Project-Specific Water Quality Management Plans (WQMP)” in accordance with Appendix H of the Whitewater River Region Storm Water Management Plan (SWMP) (available at:
http://content.rcflood.org/NPDES/WhitewaterWS.aspx
A.) “single family hillside residences that create 10,000 square feet or more of impervious area where natural slope is 25% or greater;
B.) single-family hillside residences that create 10,000 square feet of impervious area where the natural slope is 10% or greater where erosive soil conditions are known; C.) Commercial and industrial developments of 100,000 square foot or more; D.) Automotive repair shops [includes Standard Industrial Classification (SIC) codes 5013, 7532, 7333,7534, 7537, 7538, and 7539];
E.) Retail gasoline outlets disturbing greater than 5,000 square feet; F.) Restaurants disturbing greater than 5,000 square feet; G.) Home subdivisions with 10 or more housing units;
H.) Parking lots of 5,000 square feet or more or with 25 or more parking spaces and potentially exposed to Urban Runoff; or
I.)Discharge into the MS4 (aka Municipal Storm Drain System) and disturb an area of one acre or more, or disturb less than one acre, but are part of a larger common plan of development or sale (referred to as Other Development Projects)
If any of the above criteria exist, or at the discretion of the City, 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 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.
71. Per categories G and H above, this project must do a Final WQMP. 7-1075
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72. S tandar d Agreement for Construction of Public Improvements If public infrastructure is to be included in this project, the applicant shall execute and submit the City of Rancho Mirage’s Standard Agreement for Construction of Public Improvements for review and approval by the City Engineer and City Attorney.
73. S
treet Improvements
Street improvements shall be required as specified below. Paved access in accordance with the City Master Plan of Streets and City Standards shall be provided to the subdivision. Plans for the construction of the required street improvements shall be designed by a California Registered Engineer and approved by the City Engineer prior to Final Map approval. All street construction shall be in conformance with these plans and the City’s General Plan and Standard Details. Plans shall be approved prior to or concurrent with Final Development Plan approval and construction shall occur prior to occupancy. The developer shall furnish proof that any Sewer and Water Improvem ent Plans have been reviewed and approved by CVWD. The developer shall furnish proof that the Fire Marshal has approved the Water Plans and Street layout for the project.
74. Public Streets - Ramon Road
Right-of-way along Ramon Road at a width of 60 feet fr om centerline has already been dedicated to the City of Rancho Mirage. An easement for the meandering bike path has also already been dedicated to a distance of 82 feet from centerline. At the two entrance point on Ramon Road, right turn pockets per Standard 405, with 90 foot minimum tapers and 150 foot storage lengths shall be constructed. The right -of-way shall be widened at those location to provide 10 foot minimum parkway distance behind the curb for utility purposes. Similarly the meandering bike path easement shall be widened as needed to contain the modified 8 foot meandering bike path.
Curb and Gutter shall be installed along the project frontage right turn pocket modifications with the curb face at a width to be determined by the City Engineer. Asphalt paving shall be installed along the project per City Standards.
75. Plans for the required 8’ meandering bike path per Standard Dr awing 500 shall be submitted to the City Engineer and shall be shown on the landscape, street, and grading plans and shall be constructed along the frontage. A sidewalk or alternative handicap accessible route shall be constructed from the bike path or sidewalk into the project.
Where any meandering bike path is located on private property, a public access easement shall be provided and recorded subject to approval of the City Engineer.
76. The design of the right turn pocket entry ways shall be subject to the approval of the City Engineer.
77. Construction of a left-in only opening through the existing sixteen (16) foo t wide median island shall be designed and performed per city requirements, for access into the westerly Ramon Road entrance.
78. Landscape and irrigation plans for all public street parkways and median islands shall 7-1076
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conform to City standards and be submitted for review and approval by the City Engineer and Planning Division. Boulders shall not exceed 15” in height within 3 feet of a public street curb. Canopy trees shall be placed a minimum of 10 feet from public street curb and a minimum of 5 feet from sidewalks. Palm trees shall be placed a minimum of 5 feet from public street curb or sidewalk with a minimum trunk height of 10 feet. Right of way lines shall be shown on the final landscape plan.
79. P
ublic Streets - Rattler Road
Right-of-way along Rattler Road at a width of 50 feet from centerline has already been dedicated to the City of Rancho Mirage. An easement for the 6 foot meandering bike path shall also be dedicated as needed for any places where the meandering bike path extends beyond the right-of-way.
80. Curb and Gutter shall be installed along the project frontage modifications with the curb face at a width to be determined by the City Engineer. Asphalt paving shall be installed along the project per City Standards.
81. Plans for the required 6’ meandering bike path per modified Standard drawing 500 shall be submitted to the City Engineer, and shall be shown on the landscape, street, and grading plans and shall be constructed along the frontage. A sidewalk or alternative handicap accessible route shall be constructed from the bike path or sidewalk into the project. Where any meandering bike path is located on private property, a public access easement shall be provided and recorded subject to approval of the City Engineer.
82. The design of the right turn pocket entry ways shall be subject to the approval of the City Engineer.
83. Landscape and irrigation plans for all public street parkways and median islands shall conform to City standards and be submitted for review and approval by the City Engineer and Planning Division. Boulders shall not exceed 15” in height within 3 feet of a public street curb. Canopy trees shall be placed a minimum of 10 feet from public street curb and a minimum of 5 feet from sidewalks. Palm trees shall be placed a minimum of 5 feet from public street curb or sidewalk with a minimum trunk height of 10 feet. Right of way lines shall be shown on the final landscape plan.
84. Private Streets/Parking Lots
Private street and/or parking lot paving shall consist of a minimum of 3” A.C. paving over 4” of compacted Class II aggregate base material. On private streets and parking lots, and as may be required by a condition of approval, decorative concrete or other surfacing materials shall be reviewed by Public Works for conformance to Public Works standards.
On private streets and parking lots, non-standard curb and gutter maybe acceptable if the City’s standard drainage criteria is satisfied, and the specific non-standard curb and gutter is approved by the Department of Public Works.
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The parking lot design and construction shall be completed in accordance with the City of Rancho Mirage standards and codes unless superseded by more stringent requirements from the State or Federal ADA guidelines. Such design shall include demonstration of adequate fire and delivery truck turning movements.
In accordance with Municipal Code 17.26.070(d), all required off -street parking areas shall be designed so that surface water shall not drain over any sidewalks or adjoining parcels.
85. P
rivate stree ts within the project shall be constructed with a minimum two-way travel way of 36 feet unless otherwise approved in the Catana Specific Plan. Any median islands shall have a minimum of 24 feet clearance on either side of them. Private street paving shall consist of a minimum of 3” A.C. paving over 4” of compacted Class II aggregate base material.
86. D
edication of Drainage Easements
All easements for drainage facilities necessary to accommodate the final approved Grading and Drainage Plan shall be offered for dedication to the appropriate serving agency. Such offer shall be incorporated on the Final Map or as required by the City Engineer.
87. De
dication of Public Utility Easements
A ten (10) foot public utility easement adjacent to the curb and gutter and edge of pavement shall be provided by the property owner for all public and private streets, and for public streets where the public right -of-way is less than the required 10 feet. All necessary utilities; sewer, water, electric, phone, fiber optic communications, natural gas, and television cable shall be provided to the lots and along the property frontage, unless otherwise approved.
88. U
nderground 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 provisions of Section 12.16 of the Rancho Mirage Municipal Code. The undergrounding installation of all existing or proposed overhead distribution 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.
89. S
anitary Sewer System
A sanitary sewer system shall be required and shall be installed in accordance with the provisions established and set forth by the regulations of the Coachella Valley Water District, the Riverside County Department of Public Health, and/or the regional Water 7-1078
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Quality Control Board. All necessary easements shall be provided.
90. D OMESTIC WATER SYSTEM
A domestic water system shall be required and shall be install ed in accordance with the provisions established and set forth by the regulations of the Coachella Valley Water District, the Riverside County Department of Public Health, and/or the regional Water Quality Control Board. All necessary easements shall be provided.
91. Loc
al 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. Proj ects over 10 acres shall also submit the 8.5x11 format Dust Control Plan Required by the South Coast Air Quality Management District for review by the City. At the time of payment of the permit fees the developer shall submit a “dust control deposit” to b e determined from the acreage and the current fee schedule.
92. SW
PPP / NOI
Prior to issuance of Grading Permits, the Property Owner shall submit the completed NOI (Notice Of Intent) form and site plan with the appropriate fee, to the State Water Quality Control Board for the General Construction Activity Storm Water Permit. The WDID number issued shall be placed on the cover sheet of the Grading Plans as Proof of Submittal. The SWPPP promised by the NOI is required to be kept on the project site and may be requested for viewing by City or Water Quality Control Board personnel.
93. B
lowsand Mitigation Plan
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&R’s shall identify that the project is located within a blowsand area.
94. C
onstruction Improvement Agreement
The construction of all required public and private improvements, including but not limited to landscaping, sewer, water, curb and gutters, paving, drainage facilities, and other required improvements shall be completed prior to occupancy of any structure and/or the owner shall enter into an agreement, acceptable to the City, ensuring the construction of such improvements consistent with the Development Agreement.
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95. Written Verification
Prior to release of bonds or financial guarantees, the applicant or his successor shall provide written verification that the improvements have been installed in accordance with the approved plans.
96. As-B
uilt 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 any occupancy or release of Subdivision Bonds.
97. A subdivision map shall be processed and recorded prior to any release of permits.
98. S
ecurity
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.
99. P
ad 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.
100. C
ompaction 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.
101. A
ssessment District Reapportionment
If the property to be subdivided is located within the boundaries of an Assessment District, assessments shall be reapportioned over the property to account for the newly created lots.
102. P
ark Fees
Applicant shall pay all applicable parkland fees for the acquisition and/or development of community parks and recreational facilities in those amounts in effect at the time the grading permit is issued or as provided by the Development Agreement.
103. I
mprovements 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. 7-1080
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104. CV WD Letter
Prior to occupancy, if applicable, a letter from Coachella Valley Water District shall be submitted stating that all the district fees have been paid and all requirements have been met for development.
PRELIMINARY DEVELOPMENT CASE NO. PDP23 -0007:
FINAL DEVELOPMENT PLAN REQUIRED
105. A Final Development Plan application (FDP) shall be required prior to issuance of any grading or building permits (application on file with the Planning Division). The Final Development Plan (FDP) 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.
106. The Development Services Director shall consider the Final Development Plan Permit application. He or she may approve a Final Development Plan permit if it substantially conforms to the Preliminary Development Plan and associated Conditions of Approval.
107. The approved Preliminary Development Plan may be modified only with City approval in a manner pursuant to Section 17.42.120 (Modification of a Development Plan Permit) and the Catana Specific Plan and terms of the Development Agreement. Minor modifications to an approved Preliminary/Final Development Plan may be considered by the Development Services Director.
108. 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 Catana Specific Plan and Development Agreement.
FINAL DEVELOPMENT PLAN – LIGHTING
109. 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. All pole or building mounted lighting 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 photometric plan shall be required as a part of the Final Development Plan application and shall show a zero-foot-candle light reading at all property lines.
PRESERVATION OF SECURITY IN GATED COMMUNITIES
110. The applicant shall comply with Ordinance 815 PRESERVATION OF SECURITY IN EXISTING GATED COMMUNTIES whose purpose is to preserve the security of existing 7-1081
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gated communities by regulating vehicular access to such communities while homes are being constructed within them. The ordinance requires the submittal and approval of a security plan.
OTHER
111. All green waste shall be disposed of at a permitted composting facility.
112. 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, 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.
113. The development shall comply with the requirements of Assembly Bill AB341. Recycling containers shall be sized in accordance with the anticipated need as approved by the City’s contracted waste hauler. The applicant shall also participate in the Burrtec Organic and Food Waste Recycling program. Recycling bin enclosures shall be located and architecturally screened in accordance with the Rancho Mirage Municipal Code as approved by Staff.
114. As part of the FDP submittal, the applicant shall obtain a letter of compliance/approval from the City’s contracted Waste Hauler (Burrtec) for the design of their trash bin enclosures. Said enclosures shall be designed to accommodate trash, recycle, and organic waste receptacles as required by State law.
115. All water features shall be maintained in compliance with Ordinance No. 844.
116. All new landscaping shall be water efficient landscaping shall be installed and maintained in compliance with Chapter 17.24 (Landscaping Standards) of the Rancho Mirage Municipal Code.
A. Vegetation with spikes that may be harmful to pedestrians shall be a minimum of three (3) feet away from walkways.
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117. The location of this project is considered an “infill site” with very close proximity to existing residences. Should the City receive complaints about construction noise from residents in close proximity of the project, the City may limit construction activities to the hours between 7am and 5pm.
118. The mitigation measures contained in the Mitigated Negative Declaration (SCH Number 2023120616) based on Environmental Case No. EA23 -0006 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.
119. The project must meet Title 24 measures at the Final Development Plan (FDP) submittal. Solar control should be reviewed by the applicant at the time of FDP submittal.
120. The design of the gutters/downspouts will be reviewed by staff at the Final Development Plan (FDP) stage.
PLANNING D
IVISION: Prior to approval of a Final Development Plan, the following Conditions shall be satisfied:
FILING FEES
121. Within 5 days of project approval the applicant shall submit to the City of Rancho Mirage a check in the total amount of $2,966.75 made payable to the City of Rancho Mirage for the CEQA filing fees for the IS/MND (SCH#2023120616).
HARDSCAPE, LANDSCAPE AND SCREENING
122. In conformance with Rancho Mirage Municipal Code Chapter 17.24, a complete set of on-site and off-site Landscaping Plans and installation schedules shall be required for all public and private street parkway areas between any curb and the right of way line or perimeter wall, including any common areas, and shall be submitted to, and approved by the Planning Division prior to issuance of a building permit.
123. The plans shall be submitted as a Landscape Documentation Package in accordance with Ordinance No. 990. 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 issuance of permits as a component of the Final Development Plan (FDP) or conformance check.
124. Where walls are shown on the development plan they shall be designed consistent with the approved plan set with aesthetic relief and be of high- quality architectural design to compliment adjacent developments.
125. The final landscaping and irrigation plans shall incorporate the use of Evapotranspiration (ET) irrigation “smart” controllers which shall include automatic water scheduling, rain and 7-1083
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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.
126. 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 Chapter 17.20 of the Rancho Mirage Municipal Code and/or installed underground if required.
LANDSCAPE VERIFICATION
127. The project landscape architect shall submit written verification that the landscaping and irrigation has been installed per the approved landscape plan.
128. The project approvals do not authorize any use of lands outside of the project boundaries depicted in the Specific Plan and Preliminary Development Plans.
129. Per RMMC Section 17.20.040 (E), all mechanical equipment must be screened.
BUILDING &
SAFETY DIVISION: Prior to the issuance of Building Permits the following Conditions shall be satisfied:
TUMF FEE
130. The applicant shall pay the applicable Transportation Uniform Mitigation Fee in effect at the time the Building Permits are issued.
LICENSE TAX FOR NEW CONSTRUCTION
131. The applicant shall pay to the Building Division the License Tax for New Construction pursuant to Chapter 3.28 of the Municipal Code and Capital Facilities Needs Study to mitigate the impact of the development on said capital facilities, per the Development Agreement.
DEVELOPMENT IMPACT FEES
132. The applicant shall pay the commercial Development Impact Fees 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 Chapter 3.29 of the Rancho Mirage Municipal Code, per the Development Agreement.
PAD CERTIFICATION
133. 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.
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COMPACTION REPORT
134. 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, is 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.
OPERATIONAL FIRE HYDRANT
135. In accordance with the Fire Marshall’s directives, Building Permits shall not be issued until an acceptable fire hydrant is operational and active within the required distance of the project.
CONSTRUCTION AND DEMOLITION DEBRIS PLAN
136. In conformance with Rancho Mirage Municipal Code Chapter 7.07, construction and demolition debris from the project must be diverted from landfill and either recycled or reused to the maximum extent feasible. The applicant shall have prepared a Construction and Demolition Debris Plan (C&D Debris Plan) that shall be submitted to the Planning Division for review and must be approved by the City’s Compliance Officer prior to the issuance of any building, grading or demolition permit. For ease of preparing the C&D Waste Diversion Plan, the applicant may contact the Planning Division to obtain the outline and format for the Plan.
PERMITS & CLEARANCES
137. The applicant shall provide evidence of all applicable permit(s) or clearance(s) from the following agencies:
• C ity Engineer
• County Dept. of Environmental Health
• Rancho Mirage Planning Division
• Coachella Valley Water District
• Burrtec
• Palm Springs Unified School District
• Fire Marshal
• City Attorney
• City Contract Specialist
• SCAQMD
TENATIVE PARCEL MAP CASE NO. TPM23 -0004 ( TPM38834) AND PRELIMINARY DEVELOPMENT CASE NO. PDP23-0007:
CITY AT TORNEY : Prior to issuance of Building Permits the following Conditions shall be satisfied:
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INDEMNITY AGREEMENT
138. As set forth in the Development Agreement, the applicant 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 applicant of any claim, action, or proceeding and the City shall cooperate in the defense. If the City fails to notify the applicant of any claim, action or proceeding, the permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the city.
REIMBURSEMENTS
139. The applicant 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 project. Although the applicant 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.
IMPROVEMENT SURETY
140. 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.
RELEASE OF PLANS
141. 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.
NOTICE TO CITY UPON DEVELOPERS’ DEFAULT, FORECLOSURE OR BANKRUPTC Y
142. 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.
CONTRACT SPECIALIST:
Prior to issuance of Building Permits the following Condition shall be satisfied:
MAINTENANCE OBLIGATIONS
143. 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 maintenanc e 7-1086
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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.
FIRE MARSHAL
: Prior to issuance of A Final Development Plan, the following Conditions, as may be modified by the County Fire Marshal through an Alternative Means and Methods, or otherwise, shall be satisfied:
ADVERSVE IMPACTS
144. 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 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.
ACCESS
145. 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.
FIRE APPARATUS ACCESS ROADS
146. F ire apparatus access roads, commonly referred to as fire lanes, shall be provided for every facility or building when any portion of an exterior wall of the first story is located more than 150 feet from a public roadway, as measured along an approved rou te.
Extenuating circumstances, increased hazards, and additional or modified fire safety features as deemed necessary by RVCFD may affect these requirements.
147. F
ire Apparatus Access Road Design - Roadways must be engineered to support emergency response apparatus. Roadways must be designed to facilitate turning radii of apparatus and meet requirements for gradient, height clearance, and width. Specific criteria pertaining to the design of fire apparatus access roadways are detailed below.
148. Fire apparatus access roads shall be designed, constructed, and maintained to support the imposed load of fire apparatus weight of 75,000 pounds. The surface shall be designed, constructed, and maintained to provide all-weather driving capabilities. A wet- stamped and signed written statement prepared by a registered engineer, shall be 7-1087
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included on the plans certifying that new roadway design and construction meets the requirements for fire apparatus weight and all-weather capability. A road base without an appropriate topping or binding material does not satisfy the all-weather requirement.
149. Required Number of Fire Apparatus Access Roads: One access will be required where any portion of an exterior wall of the first story of a building is located more than 150 feet from a f ire access roadway. The required access distance is to be measured by an approved route around the exterior of the building.
150. Location of Fire Apparatus Access Roads: For purposes of determining the suitability of public roads and fire apparatus access roadways for staging fire apparatus and facilitating fire suppression operations for a particular structure, the following criteria shall apply: To protect fire apparatus, personnel, and equipment from damage and injury from falling debris, the edge of fire access roadways serving buildings shall be located between 15 and 40 feet from the building. These distances are measured from the face of the building to the top edge of the curb face or rolled curb flow line nearest the structure. This road shall be positioned parallel to the building.
151. Width of Fire Access Roads - The minimum width of a fire access roadway is 24 feet.
Where a center median is included within the roadway, the required width shall be provided on both sides of the median.
152. Parking Restrictions - Parking is not permitted on roadways that are less than 24 feet in width.
153. Vertical Clearance - Fire access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches.
154. Dead-end Access Roadways - Dead-end roadways in excess of 150 feet shall be designed and constructed with approved turnarounds or hammerheads or EVAs.
155. Fire Apparatus Access Road Grade - The grade for access roads shall not exceed 15%.
Cross-slope shall not be greater than 2.5% for paved access roadways.
156. Inside and Outside Turning Radii - The inside turning radius for an access road shall be 18 feet or greater. The outside turning radius for an access road shall be 38 feet or greater. As fire apparatus are unable to negotiate tight “S” curves, a 56- foot straight leg must be provided between these types of compound turns or the radii and/or road width must be increased accordingly.
OBSTRUCTIONS TO EMERGENCY VEHICLE ACCESS
157. Existing or proposed gates and barriers crossing fire apparatus access roadways must be shown on the plans (to scale). Information such as the location, type of gate (e. g., swinging, sliding), dimensions, type of construction, and method of operation (manual, electric) must also be provided. Note or identify the following:
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a. Clear Width – Gated openings for egress and ingress of vehicles shall not be less than 24 feet clear width. Gates serving a single direction of travel shall not be less than 18 feet clear width. The vertical clearance shall not be less than 13 feet 6 inches, including landscaping and/or trees. This reduction in width is applicable only to the area immediately adjacent to the guardhouse or gate. Roads leading up to and beyond the guard house or gate shall meet standard fire lane width requirements.
WATER
158. 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.
PUBLIC WORKS DEPARTMENT
– Prior to City Council Approval of the Final Map, the
following Conditions shall be satisfied:
159. A
ll right turn pockets must be per Standard 405, with minimum 90’ taper length, and 150’ storage length into the two main entrances on Ramon Road. The two (2) emergency accesses on Rattler Road does not need a right turn pocket, and must use a driveway wit h “Mountable 4” Curb and Gutter” per Standard 221, and “Emergency Access Only” signage to dissuade accidental entry.
160. The left-in only turn on Ramon Road must be designed per the California 18M (59’) Semitrailer Wheel Track Template, so that larger trucks can make this turn into the commercial area, to avoid “U turns” at the traffic signal
161. A truck turning analysis shall be done on the commercial parking and all connections to the residential areas to confirm that all expected delivery vehicles, emergency vehicles and trash pickup trucks can access the areas.
162. The existing pre-fabricated, two seat, bus shelter structure on Ramon Road must be replaced with a larger structure constructed with an architectural style in coordination with the buildings of the commercial area, to the satisfaction of Sunline Transit and the City Planning and Engineering D ivisions. If the existing 8’x50’ bus shelter easement is not sufficiently large, additional easement may be required to be dedicated with the Tentative Parcel Map.
163. F
ORMATION AND/OR ANNEXATION TO CFD
Pursuant to Ordinance No485 the applicant shall provide evidence that formation of, or annexation to a Communities Facilities District (CFD) No. 1 –Police and Fire services - to pay the City annually for public service costs associated with this project has been initiated. 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 CFD annexation must occur prior to issuance of Grading Permits, or prior to Final Map approval if there is one. 7-1089
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164. S tudies and Calculations Required
The applicant shall submit a soils report, geological and hydrology studies, and hydraulic calculations, as required by the City Engineer, prior to approval of the Grading Plan.
165. G rading & Drainage Plan
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.
166. S
tormwater Retention
The grading of the project shall be designed such that all storm water to the level of a 100 year frequency storm; worst case of the 1, 3, 6, or 24 hour duration, shall be retained on site. A Hydrology/Hydraulic Report, in accordance with the Riverside County Hydrology Manual, shall be submitted from a Registered Civil Engineer, showing how this stormwater is handled.
167. W
QMP
Whether they are in areas that must retain 100% stormwater or not, all discretionary projects that meet any of the following criteria must submit “Project-Specific Water Quality Management Plans (WQMP)” in accordance with Appendix H of the Whitewater River Region Storm Water Management Plan (SWMP) (available at:
http://content.rcflood.org/NPDES/WhitewaterWS.aspx
J.) “single family hillside residences that create 10,000 square feet or more of impervious area where natural slope is 25% or greater;
K.) single-family hillside residences that create 10,000 square feet of impervious area where the natural slope is 10% or greater where erosive soil conditions are known; L.) Commercial and industrial developments of 100,000 square foot or more; M.) Automotive repair shops [includes Standard Industrial Classification (SIC) codes 5013, 7532, 7333,7534, 7537, 7538, and 7539];
N.) Retail gasoline outlets disturbing greater than 5,000 square feet; O.) Restaurants disturbing greater than 5,000 square feet; P.) Home subdivisions with 10 or more housing units;
Q.) Parking lots of 5,000 square feet or more or with 25 or more parking spaces and potentially exposed to Urban Runoff; or
R.) Discharge into the MS4 (aka Municipal Storm Drain System) and disturb an area of one acre or more, or disturb less than one acre, but are part of a larger common plan of development or sale (referred to as Other Development Projects)
If any of the above criteria exist, or at the discretion of the City, a Final WQMP shall be 7-1090
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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 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.
168. Per categories G and H above, this project must do a Final WQMP.
169. S
tandard Agreement for Construction of Public Improvements If public infrastructure is to be included in this project, the applicant shall execute and submit the City of Rancho Mirage’s Standard Agreement for Construction of Public Improvements for review and approval by the City Engineer and City Attorney.
170. S
treet Improvements
Street improvements shall be required as specified below. Paved access in accordance with the City Master Plan of Streets and City Standards shall be provided to the subdivision. Plans for the construction of the required street improvements shall be designed by a California Registered Engineer and approved by the City Engineer prior to Final Map approval. All street construction shall be in conformance with these plans and the City’s General Plan and Standard Details. Plans shall be approved prior to or concurrent with Final Development Plan approval and construction shall occur prior to occupancy. The developer shall furnish proof that any Sewer and Water Improvement Plans have been reviewed and approved by CVWD. The developer shall furnish proof that the Fire Marshal has approved the Water Plans and Street layout for the project.
171. Public Streets - Ramon Road
Right-of-way along Ramon Road at a width of 60 feet from centerline has already been dedicated to the City of Rancho Mirage. An easement for the meandering bike path has also already been dedicated to a distance of 82 feet from centerline. At the two entrance points on Ramon Road, right turn pockets per Standard 405, with 90 foot minimum tapers and 150 foot storage lengths shall be constructed. The right -of-way shall be widened at those locations to provide 10 foot minimum parkway distance behind the curb for utility purposes. Similarly the meandering bike path easements shall be widened as needed to contain the modified 8 foot meandering bike paths.
172. Curb and Gutter shall be installed along the project frontage right turn pocket modifications with the curb face at a width to be determined by the City Engineer. Asphalt paving shall be installed along the project per City Standards.
173. Plans for the required 8’ meandering bike path per Standard drawing 500 sh all be submitted to the City Engineer, and shall be shown on the landscape, street, and grading plans and shall be constructed along the frontage. A sidewalk or alternative handicap accessible route shall be constructed from the bike path or sidewalk into the project.
Where any meandering bike path is located on private property, a public access easement shall be provided and recorded subject to approval of the City Engineer. 7-1091
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174. The design of the right turn pocket entry ways shall be subject to the approval of the City Engineer.
175. Construction of a left-in only opening through the existing sixteen (16) foot wide median island shall be designed and performed per city requirements, for access into the westerly Ramon Road entrance.
176. Landscape and irrigation plans for all public street parkways and median islands shall conform to City standards and be submitted for review and approval by the City Engineer and Planning Division. Boulders shall not exceed 15” in height within 3 feet of a public street curb. Canopy trees shall be placed a minimum of 10 feet from public street curb and a minimum of 5 feet from sidewalks. Palm trees shall be placed a minimum of 5 feet from public street curb or sidewalk with a minimum trunk height of 10 feet. Right of way lines shall be shown on the final landscape plan.
177. P
ublic Streets - Rattler Road
Right-of-way along Rattler Road at a width of 50 feet from centerline has already been dedicated to the City of Rancho Mirage. An easement for the 6 foot meandering bike path shall also be dedicated as needed for any places where the meandering bike path extends beyond the right-of-way.
178. Curb and Gutter shall be installed along the project frontage modifications with the curb face at a width to be determined by the City Engineer. Asphalt paving shall be installed along the project per City Standards.
179. Plans for the required 6’ meandering bike path per modified Standard drawing 500 shall be submitted to the City Engineer, and shall be shown on the landscape, street, and grading plans a nd shall be constructed along the frontage. A sidewalk or alternative handicap accessible route shall be constructed from the bike path or sidewalk into the project. Where any meandering bike path is located on private property, a public access easement shall be provided and recorded subject to approval of the City Engineer.
180. Landscape and irrigation plans for all public street parkways and median islands shall conform to City standards and be submitted for review and approval by the City Engineer and Planning Division. Boulders shall not exceed 15” in height within 3 feet of a public street curb. Canopy trees shall be placed a minimum of 10 feet from public street curb and a minimum of 5 feet from sidewalks. Palm trees shall be placed a minimum of 5 feet from public street curb or sidewalk with a minimum trunk height of 10 feet. Right of way lines shall be shown on the final landscape plan.
181. Private Streets/Parking Lots
Private street and/or parking lot paving shall consist of a minimum of 3” A.C. paving over 7-1092
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4” of compacted Class II aggregate base material. On private streets and parking lots, and as may be required by a condition of approval, decorative concrete or other surfacing materials shall be reviewed by Public Works for conformance to Public Works standards.
On private streets and parking lots, non-standard curb and gutter is acceptable consistent with the Catana Specific Plan if the City’s standard drainage cr iteria is satisfied, and the specific non-standard curb and gutter is approved by the Department of Public Works.
The parking lot design and construction shall be completed in accordance with the City of Rancho Mirage standards and codes unless superseded by more stringent requirements from the State or Federal ADA guidelines. Such design shall include demonstration of adequate fire and delivery truck turning movements.
In accordance with Municipal Code 17.26.070(d), all required off -street parking areas shall be designed so that surface water shall not drain over any sidewalks or adjoining parcels.
182. P
rivate streets within the project shall be constructed with a minimum two- way travel way of 36 feet unless consistent with the Catana Specific Plan . Any median islands shall have a minimum of 24 feet clearance on either side of them. Private street paving shall consist of a minimum of 3” A.C. paving over 4” of compacted Class II aggregate base material.
183. D
edication of Drainage Easements
All easements for drainage facilities necessary to accommodate the final approved Grading and Drainage Plan shall be offered for dedication to the appropriate serving agency. Such offer shall be incorporated on the Final Map or as required by the City Engineer.
184. D
edication of Public Utility Easements
A ten (10) foot public utility easement adjacent to the curb and gutter and edge of pavement shall be provided by the property owner for all public and private streets, and for public streets where the public right -of-way is less than the required 10 feet. All necessary utilities; sewer, water, electric, phone, fiber optic communications, natural gas, and television cable shall be provided to the lots and along the property frontage, unless otherwise approved.
185. U
nderground Utili ties Required
All existing or proposed Southern California Edison, General Telephone, CATV, or other overhead service facilities, shall be installed underground in accordance with the provisions of Section 12.16 of the Rancho Mirage Municipal Code. The un dergrounding installation of all existing or proposed overhead distribution 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 7-1093
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subject property; and as identified above and as required in Section 12.16 of the Rancho Mirage Municipal Code.
186. S anitary Sewer System
A sanitary sewer system shall be required and shall be installed in accordance with the provisions established and set forth by the regulations of the Coachella Valley Water District, the Riverside County Department of Public Health, and/or the regional Water Quality Control Board. All necessary easements shall be provided.
187. D
OMESTIC WATER SYSTEM
A domestic water system shall be required and shall be installed in accordance with the provisions established and set forth by the regulations of the Coachella Valley Water District, the Riverside County Department of Public Health, and/or the regional Water Quality Control Board. All necessary easements shall be provided.
188. Loc
al 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. Projects over 10 acres shall also submit the 8.5x11 format Dust Control Plan Required by the South Coast Air Quality Management District for review by the City. At the time of payment of the permit fees the developer shall submit a “dust control deposit” to be determined from the acreage and the current fee schedule.
189. SW
PPP / NOI
Prior to issuance of Grading Permits, the Property Owner shall submit the completed NOI (Notice Of Intent) form and site plan with the appropriate fee, to the State Water Quality Control Board for the General Construction Activity Storm Water Permit. The WDID number issued shall be placed on the cover sheet of the Grading Plans as Proof of Submittal. The SWPPP promised by the NOI is required to be kept on the project site and may be requested for viewing by City or Water Quality Control Board personnel.
190. B
lowsand Mitigation Plan
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&R’s shall identify that the project is located within a blowsand area.
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191. Construction Improvement Agreement
The construction of all required public and private improvements, including but not limited to landscaping, sewer, water, curb and gutters, paving, drainage facilities, and other required improvements shall be completed prior to occupancy of any structure and/or the owner shall enter into an agreement, acceptable to the City, ensuring the construction of such improvements consistent with the Development Agreement.
192. W
ritten Verification
Prior to release of bonds or financial guarantees, the applicant or his successor shall provide written verification that the improvements have been installed in accordance with the approved plans.
193. As-B
uilt 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 any occupancy or release of Subdivision Bonds.
194. A subdivision map shall be processed and recorded prior to any release of permits.
195. S
ecurity
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.
196. P
ad 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.
197. C
ompaction 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.
198. A
ssessment Di strict Reapportionment
If the property to be subdivided is located within the boundaries of an Assessment District, assessments shall be reapportioned over the property to account for the newly created lots.
199. P
ark Fees
Applicant shall pay all applicable parkland fees for the acquisition and/or development of 7-1095
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community parks and recreational facilities in those amounts in effect at the time the grading permit is issued.
200. I mprovements 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.
201. CV
WD Letter
Prior to occupancy, if applicable, a letter f rom Coachella Valley Water District shall be submitted stating that all the district fees have been paid and all requirements have been met for development.
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FINDINGS:
SPECIFIC PLAN CASE NO. SP23 -0002
Pursuant to Section 17.54.100 (Findings and decision) for Specific Plans, a specific plan may be approved only if all of the following findings are made:
1. The proposed specific plan is consistent with the general plan, because the entitlement package incl udes a General Plan Zoning Map Amendment to change the High Density Residential land use designation to General Commercial for 8.3 acres fronting Ramon Road, and apply the Affordable Housing Overlay to 3.3± acres and the proposal complies with applicable General Plan goals and policies.
2. The proposed specific plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the city, because the Specific Plan complies with General Plan goals and policies. Per the Mitigated Negative Declaration there would be less than significant impacts to public services and it would not be detrimental to the public interest, health, safety, convenience, or welfare of the city. Furthermore, a secondary access will be install ed to maintain emergency access to the project site. Additionally, the 210 rental units and 94 affordable apartments would benefit the City by providing much needed housing stock.
3. The subject property is physically suitable for the requested zoning district(s) and the anticipated land use development(s), because the 36 -acre site is being master planned in a comprehensive manner in order to ensure that land uses, circulation patterns, recreational amenities and utilities are compatib le with the existing site and surrounding uses and are in line with the existing and surrounding zoning;
4. The proposed specific plan ensures development of desirable character which would be harmonious with existing and proposed development in the surroun ding neighborhood, because the Catana Specific Plan establishes design criteria that will uphold the standards which have been established throughout the C ity and on the existing site. The Specific Plan and PDPs meet the Community Design Guidelines set forth in the General Plan by utilizing desert appropriate tones and architecture; and
5. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) 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 subject site is current an existing driving range and golf course. A draft Mitigated Negative Declaration (SCH#2023120616) was prepared based on Environmental Case No. EA23-0006 pursuant to the California Environmental Quality Act Section 15074. Environmental impacts will be less than significant with implementation of the project’s mitigation measures.
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TENTATIVE PARCEL MAP CASE NO. TPM23-0004 (TPM38834)
Pursuant to Section 17.42.060 (Findings and decision) for Preliminary Development Plans, the review authority may approve a development plan permit, only if all of the following findings are made:
1. Allowed within the respective zoning district, The applicant is proposing to change the High Density Residential land use designation to General Commercial for 8.3± acres fronting Ramon Road, and apply the Affordable Housing Overlay to 3.3± acres. The proposed zoning is in compliance with the Zoning District s’ development standards. As conditioned, the proposed map is consistent with the City’s General Plan as specified in Section 65341 of the of the California Government Subdivision Map Act.
2. The site is physically suitable for the type of development, which is consistent with the Rancho Mirage Municipal Code as well as in compliance with all the applicable provisions of the General Plan and Zoning Ordinance that are necessary to carry out the purpose and requirements of the respective zonin g district, including prescribed development standards and applicable design guidelines; because it will meet the minimum parcel dimensions and size for the respective Zoning Districts of R-H, R-H/AHO, and C-G.
All parcels will have access to streets and the Tentative Parcel Map is in conformance with the Subdivision Map Act.
3. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or sustainably and avoidably injure fish or wildlife or their habit at as the proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act and there would be no potential significant negative effects upon environmental quality and natural resources with the implementation of the mitigation measures specified in the Mitigated Negative Declaration.
4. Incremental impacts of the project on services system capacities are mitigated by the Conditions of Approval requiring all necessary dedications and public improvements to be in accordance with the City’s adopted General Plan.
5. The design of the proposed subdivision and the proposed improvements are not likely to cause serious public health problems as it is to be developed in accordance with the Rancho Mirage Municipal Code and all proposed improvements related to site preparation and construction would be reviewed and approved by applicable codes, policies, and laws. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act and there would be no potential significant negative effects upon environmental quality and natural resources with the implementation of the mitigation measures specified in the Mitigated Negative Declaration.
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PRELIMINARY PLAN CASE NO. PDP23-0006
Pursuant to Section 17.42.060 (Findings and decision) for Preliminary Development Plans, the review authority may approve a development plan permit, only if all of the following findings are made:
A. The proposed development is:
1. Allowed within the respective zoning district, because the Catana Specific Plan will become the regulatory zoning document for the project site and identifies the development standards and allowable uses for the development of the property as an apartment complex. The PDP is consistent with and will implement the proposed Specific Plan.
2. Generally, in compliance with all of the applicable provisions of Title 17 of the City’s Municipal Code that are necessary to carry out the purpose and requirements of the respective zoning district, including prescribed development standards and applicable design guidelines, because development of the project will implement the Catana Specific Plan and was developed pursuant to the applicable provisions of Title 17 of the City’s Municipal Code; and
3. Consistent with the general plan and specific plan, because development of the site will implement the Catana Specific Plan and be consistent to the development standards that are set forth by the Specific Plan while also addressing and complying with General Plan policies.
4. 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, because the applicant has created a specific plan which caters to property for the purpose of developing an affordable housing apartment complex project. Under the provisions of the Specific Plan, applicant is able to provide the framework for architectural design and high-quality site improvement while limiting overbuilding of the site;
5. 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 applicable zoning district, because the project will be developed pursuant to the Catana Specific Plan. The Mitigation Monitoring Program shall be implemented with each development. The development standards set forth in the Specific Plan limit development to 35 feet. All proposed buildings within the project site all meet the required setbacks as specified in the Specific Plan development standards for 7-1099
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Planning Area 2.
6. The design, location, and proposed uses would be compatible with the character of existing development in the surrounding neighborhood, because the project, as conditioned, meets the proposed standards for the Catana Specific Plan and Zoning Ordinance requirements for lot coverage, setbacks, height limitations, and landscaping as described in this report.
7. The subject site is physically suitable for the type and density/intensity of development being proposed, because the project site is physically suitable for the affordable housing apartment development as described in this report and as described in the Catana Specific Plan . In addition, the applicant shall comply with the recommendations of the adopted Mitigated Negative Declaration. No variances or exceptions are requested.
8. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); as the project is considered infill on a vacant pad site within and existing commercial center 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. A Mitigated Negative Declaration (SCH #2023120616) was prepared based on Environmental Case No. EA2 3-0006 pursuant to the California Environmental Quality Act Section 15074. Environmental impacts will be less than significant with implementation of the project’s mitigation measures.
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PRELIMINARY PLAN CASE NO. PDP23-0007
Pursuant to Section 17.42.060 (Findings and decision) for Preliminary Development Plans, the review authority may approve a development plan permit, only if all of the following findings are made:
A. The proposed development is:
1. Allowed wit hin the respective zoning district, because the Catana Specific Plan will become the regulatory zoning document for the project site and identifies the development standards and allowable uses for the development of the property as a single family residential project. The PDP is consistent with and will imple ment the proposed Specific Plan.
2. Generally, in compliance with all of the applicable provisions of Title 17 of the City’s Municipal Code that are necessary to carry out the purpose and requirements of the respective zoning district, including prescribed development standards and applicable design guidelines, because development of the residential community will implement the Catana Specific Plan and was developed pursuant to the applicable provisions of Title 17 of the City’s Municipal Code; and
3. Consistent with the general plan and specific plan, because development of the site will implement the Catana Specific Plan and be consistent to the development standards that are set forth by the Specific Plan while also addressing and complying with General Plan policies.
4. 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, because the applicant has created a specific plan which caters to property for the purpose of developing a single family residential project. Under the provisions of the Specific Plan, the applicant is able to provide the framework for architectural design and high-quality site improvement while limiting overbuilding of the site;
5. 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 applicable zoning district, because the project will be developed pursuant to the Catana Specific Plan. The Mitigation Monitoring Program shall be implemented with each development. All proposed buildings within the project site all meet the required setbacks as specified in the Specific Plan development standards for Planning Area 1.
7-1101
Date: March 28, 2024 EA23-0006, GPZMA23-0002, DA23-0002, SP23-0002, TPM23-0004, PDP23-0006 & PDP23-0007 Page 60 of 60
Planning Commission Staff Report AGENDA ITEM #
6. The design, location, and proposed uses would be compatible with the character of existing development in the surrounding neighborhood, because the project, as conditioned, meets the proposed standards for the Catana Specific Plan and Zoning Ordinance requirements for lot coverage, setbacks, height limitations, and landscaping as described in this report.
7. The subject site is physically suitable for the type and density/intensity of development being proposed, because the project site is physically suitable for the residential development as described in this report . In addition, the applicant shall comply with the recommendations of the adopted Mitigated Negative Declaration. No variances or exceptions are requested.
8. The proposed project has been reviewed in compliance with t he provisions of the California Environmental Quality Act (CEQA); as the project is considered infill on a vacant pad site within and existing commercial center and there would be no potential significant negative effects upon environmental quality and nat ural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA. A Mitigated Negative Declaration (SCH#2023120616) was prepared based on Environmental Case No. EA2 3-0006 pursuant to the California Environmental Quality Act Section 15074. Environmental impacts will be less than significant with implementation of the project’s mitigation measures.
7-1102
DRAFT 3/28/2024 Planning Commission Meeting Minutes Page 1 of 8
PLANNING COMMISSION MEETING
THURSDAY, MARCH 28, 2024 - 2:00 P.M.
DRAFT MINUTES
Meeting Location:
City of Rancho Mirage
City Hall - Council Chamber
69-825 Highway 111
Rancho Mirage, CA 92270
CALL T O ORDER - 2 :00 P.M.
a) Flag Salut
e: Led by Commissioner Curran.
b) Roll Call: Bryant, Curran, Agostini, Grey – Present.
Absent: Chanter.
MOVED/SECONDED BY AGOSTINI/CURRAN TO EXCUSE COMMISSIONER CHANTER’S ABSENCE. MOTION CARRIED 4/0.
COMMISSIONER C OMMENTS
Vice C
hair Agostini welcomed everyone to the meeting. He commented on the progress that projects were making throughout the City and stated it was encouraging to see.
Commissioner Curran thanked staff for their time and acknowledged the large number of projects happening throughout the City.
Commissioner Bryant stated that every decision made had an impact on the City’s future and the Planning Commission was charged with ensuring that the City continued to be the incredible City it currently was.
Chair Grey welcomed the public in attendance. He thanked staff for preparing a thorough packet for consideration and addressing questions along the way.
NON-AG ENDA PUBLIC COMMENTS
Brad Anders
on, Rancho Mirage resident, commented on the minutes from the last meeting.
APPROVAL OF M INUTES – February 22, 2024, Regular Meeting.
MOVED/
SECONDED BY CURRAN/AGOSTINI TO APPROVE THE FEBRUARY 22, 2024, REGULAR PLANNING COMMISSION MEETING MINUTES. MOTION CARRIED 4/0.
ATTACHMENT 15
7-1103
Y CITY OF RANCHO MIRAGE
DRAFT 3/28/2024 Planning Commission Meeting Minutes Page 2 of 8
ACTION ITEM
1. General Plan Annual Progress Report for 2023 - Recommend that the Planning Commission approve the report and forward it to the City Council to receive and file.
Joy Tsai, Senior Planner, presented the staff report.
Public Comments – None.
Commissioner Comments:
Commissioner Curran thanked staff for their work in the last year.
Commissioner Bryant asked staff if there was anything unusual in the presented progress report.
Ms. Tsai responded that the report was similar to those from past years and minor updates from last year’s report had been made.
Commissioner Bryant inquired about land inventory.
Majna Dukic, Development Services Director, responded that the City’s General Plan contained inventory information.
MOVED/SECONDED BY AGOSTINI/CURRAN TO RECOMMEND THAT THE CITY COUNCIL RECEIVE AND FILE THE GENERAL PLAN ANNUAL PROGRESS REPORT FOR 202 3.
MOTION CARRIED 4/0.
PUBLIC HEARI
NG
2. Minor Conditional Use Permit Case No. CUP24-0001 - Applicant: Eduardo and Kelly Vigil.
Consideration to approve a pickleball court with four (4) freestanding light fixtures. The subject property is located at 1 Paradise Cove (APN: 685-260-036).
A. Consider approving the filing of a Notice of Exemption pursuant to the California Environmental Quality Act (CEQA) Section 15303 (Class 3 – New Construction); and
B. Consider ap proving Minor Conditional Use Permit Case No. CUP24- 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:
Ron Rowbotham, Rancho Mirage resident, shared that he submitted a letter in opposition to the proposed project. He added that he was not opposed to the development , but was opposed to the pickleball courts, due to noise and lighting.
Charles Austin, project designer, noted that there were existing pickleball courts with lighting north of the subject property. He added that the proposed pickleball court met all lighting requirements and was approximately 10 feet below pad elevation of the proposed residence.
7-1104
DRAFT 3/28/2024 Planning Commission Meeting Minutes Page 3 of 8
Commissioner Comments:
Vice Chair Agostini inquired about the total number of homeowners in the development.
Ms. Vasquez responded that there were four properties, with the inclusion of the project applicant.
She added that one of the four lots was currently developed and three were vacant; one of the vacant lots had entitlements for a home and pickleball court.
Commissioner Curran noted that the project provided large setbacks and landscaping to mitigate noise. He added that the applicant designed the project to address concerns.
Commissioner Bryant asked the distance between the home to the north and the proposed court.
Ms. Vasquez responded that the approximate distance was over 100 feet.
Commissioner Bryant inquired about the lighting study.
Ms. Vasquez reported that the photometric plan showed a zero footcandle reading at all property lines.
Commissioner Bryant asked for further clarification regarding the height of the light poles and the pad elevation of the pickleball court.
Ms. Vasquez and Ben Torres, Planning Manager, explained that the court and lights were sunken 10 feet from the pad elevation of the proposed home.
Chair Grey commented that the application for the sports court was not only compliant with requirements but was designed below the maximum. He encouraged everyone to be good neighbors.
MOVED/SECONDED BY CURRAN/AGOSTINI TO:
A. APPROVE THE FILING OF A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15303 (CLASS 3 – NEW CONSTRUCTION); AND
B. APPROVE MINOR CONDITIONAL USE PERMIT CASE NO. CUP24-0001, SUBJECT TO
THE CONDITIONS OF APPROVAL AND BASED ON THE CONTENT AND FINDINGS IN THE STAFF REPORT.
MOTION CARRIED 4/0.
3. Environmental Assessment Case No. EA23- 0006; General Plan Z oning Map Amendment Case No. GPZMA23 -0002; Specific Plan Case No. SP23- 0002; Development Agreement Case No. DA23- 0002; Tentative Parcel Map Case No.
TPM23-0004 (Tentative Parcel Map 38834); and Preliminary Development Plan Case Nos. PDP23 -0006 and PDP 23-0007 – Catana Specific Plan. Applicant: McKellar McGowan Holdings, LLC. Consideration of a specific plan with three (3) planning areas for the development of a mixed-use neighborhood on 36± acres located at the northwest corner of Ramon Road and Rattler Road. General Plan Zoning Map Amendment Case 7-1105
DRAFT 3/28/2024 Planning Commission Meeting Minutes Page 4 of 8
No. GPZMA23 -0002 proposes to change the High Density Residential (R -H) land use designation to General Commercial (C-G) for 8.3± acres (Planning Area 3) fronting Ramon Road and apply the Affordable Housing Overlay to 3.3± acres (Planning Area 2) in the west-central portion of the site while preserving the R -H designation on 24.5± acres (Planning Area 1). Planning Area 1 (PDP23- 0007) proposes 210 single- family rental homes with amenities, Planning Area 2 (PDP23-0006) proposes 94 affordable apartments and a central recreation area, and Planning Area 3 proposes up to 75,000 square feet of commercial uses. Additional Development Plan(s) will be submitted for Planning Area 3 in the future. Located on the northwest corner of Ramon Road and Rattler Road (APN: 670- 230-021).
A. Consider the recommendation for the Planning Commission to adopt Resolution No. 2024- PC-(Next-in-Order), recommending that the City Council take the following actions:
a. Adopt Resolution No. 2024- (Next-in-Order), approving the Mitigation Monitoring and Reporting Program and Mitigated Negative Declaration (SCH#2023120616) for the Proposed Project based on Environmental Assessment Case No. EA23-0006;
b. Adopt Resolution No. 2024- (Next-in-Order), approving General Plan Zoning Map Amendment (GPZMA23 -0002), to change the High Density Residential land use designation to General Commercial for 8.3 acres fronting Ramon Road, and apply the Affordable Housing Overlay to 3.3± acres;
c. Introduce and adopt Ordinance No. (Next -in-Order), approving Specific Plan (SP23- 0002) to establish the development standards and guidelines for 3 Planning Areas within the 36± acre site;
d. Introduce and adopt Ordinance No. (Next -in-O rder), approving the Development Agreement by and between McKeller McGowan Holdings, LLC. and Ramon & Rattler Partners, LLC and the City of Rancho Mirage (DA23-0002); and
e. Adopt Resolution No. 2024- (Next-in-Order), approving Tentative Parcel Map (TPM23- 0004) to subdivide the 36± acres into three parcels corresponding to the three (3) Planning Areas and Preliminary Development Plans Case Nos. PDP23- 0006 and PDP23-0007 for the single-family residential neighborhood in Planning Area 1 and the affordable apartments in Planning Area 2.
Ben Torres, Planning Manager, presented the staff report.
Timothy McGowan, project applicant, President of McKellar McGowan Development, presented a video highlighting the Catana project. He thanked staff for all of their help and guidance. He added he believed the project to be a welcome addition to the future residences in the Community and the City of Rancho Mirage. He went on to explain the proposed development, noting he was available to answer Commissioners’ questions.
Public Comments:
Paul Sepulveda, Rancho Mirage resident, commented that he had been a resident at Mira Vista at Mission Hills since 2004. He expressed concern regarding noise from Ramon Road. He 7-1106
DRAFT 3/28/2024 Planning Commission Meeting Minutes Page 5 of 8
commented that he was not opposed to the proposed project, but had concerns regarding noise and headlights from the existing street. He noted he had submitted a comment letter as well.
Cathy Brown, Rancho Mirage resident, noted she lived in Tuscany and objected to the project’s density. She also objected to the height of the affordable housing proposal.
Robert Pippo, Rancho Mirage resident, noted he lived in Mira Vista at Mission Hills and expressed concern regarding the increase in noise from traffic on Ramon Road.
Mike Traidman, Rancho Mirage resident, noted he was the Mira Vista at Mission Hills HOA President and had no issue with the proposed project. He suggested adding a sound wall to reduce impacts of vehicular noise from Ramon Road.
Commissioner Comments:
Vice Chair Agostini commented that it was a very intriguing project with rental properties, affordable housing, and a commercial component. He asked for clarification on any necessary improvements on Rattler Road.
Mr. Torres read the required mitigation measures concerning traffic mitigation fees and noted no improvements were required on Rattler Road.
Vice Chair Agostini inquired about the funding mechanisms for the affordable housing component.
Tim McGowan, project applicant, explained that projects were funded through State tax credits and affordable housing specific funding.
Commissioner Curran commented that the project layout support ed the current market trends and needs for commercial to be in close proximity to residential uses. He noted the benefits of affordable housing to the community. He added that the project was a great addition to the community.
Commissioner Bryant inquired about the high-density residential zoning on the parcel.
Majna Dukic, Development Services Director, addressed Commissioner Bryant’s questions.
Commissioner Bryant inquired about the ownership of the Mira Vista HOA , golf course, and the landscape area between Ramon Road and the Mira Vista homes. He asked if the land in between could be developed.
Ms. Dukic explained the ownership of the golf course and HOA, noting it was zoned as private open space. She added that the City never committed to building a sound wall.
Commission Bryant inquired about landscape and parkway maintenance. He also inquired about zoning to the east and recommended that the golf course and HOA work together regarding landscape maintenance and the wall.
7-1107
DRAFT 3/28/2024 Planning Commission Meeting Minutes Page 6 of 8
Ms. Dukic responded that Code Complianc e ha d been working with the golf course property owner and that the landscape would be addressed; however, a wall was not currently required.
Commissioner Bryant inquired about the site’s inclusion in the City’s Housing Element.
Ms. Dukic answered Commissioner Bryant’s question.
Commissioner Bryant inquired about mortgages and liens being subordinate to the development agreement.
Daniel Trevino, Deputy City Attorney, explained that the development agreement would be senior to the loan, but was not tied to it.
Commissioner Bryant commented about the commercial area, the landscaping setbacks , and asked if there were going to be improved bicycle lanes along Ramon Road.
Mr. Torres answered Commissioner Bryant’s question, adding there were no proposed street improvements along Ramon R oad as part of the proposed project ; the existing improvements along Ramon Road would remain.
Commissioner Bryant asked if there was a deceleration lane along Ramon Road.
Nicole Criste, Project Consultant with Terra Nova Consulting, noted the project would have a deceleration lane at the main entry on Ramon Road, as well as the western entry, per the traffic study.
Commissioner Bryant summarized the development and added that it was a very well-thought- out plan. He asked about the single-family perimeter walls and landscaping on the central paseo.
Ms. Dukic answered that the block walls would be a separate permit from the single-family homes.
Commissioner Bryant inquired about street parking and emergency access.
Mr. Torres answered Commissioner Bryant’s question regarding the street parking and emergency access.
Commissioner Bryant asked questions about the lighting fixtures.
Ms. Dukic elaborated on the proposed lighting.
Commissioner Bryant expressed his concerns about ADA accessible affordable housing units , due to no elevators being proposed.
Ms. Dukic explained that the ADA units would be on the first floors.
Mark Longstaff, McKinney Longstaff Architects, added that all the ground floor units were ADA accessible.
Chair Grey
thanked the applicant for a much needed and suitable project. He added that, with the 7-1108
DRAFT 3/28/2024 Planning Commission Meeting Minutes Page 7 of 8
exception of one comment, even the people that want ed mitigation or had objections were generally in favor of the project, which spoke well to all the work that had been done.
Chair Grey asked who was responsible for maintaining the wall on the south side of Ramon Road, across from the project site.
Ms. Dukic responded that it was the golf course owner responsibility.
Chair Grey commented that he did not see a way to impose a condition on the developer to add further mitigation regarding a sound wall.
MOVED/SECONDED BY CURRAN/AGOSTINI TO ADOPT RESOLUTION NO. 2024-PC-01 RECOMMENDING THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:
A. ADOPT RESOLUTION NO. 2024 -[NEXT-IN-ORDER] APPROVING THE MITIGATION
MONITORING AND REPORTING PROGRAM AND MITIGATED NEGATIVE DECLARATION (SCH#2023120616) FOR THE PROPOSED PROJECT BASED ON ENVIRONMENTAL ASSESSMENT CASE NO. EA23-0006;
B. ADOPT RESOLUTION NO. 2024 -[NEXT-IN-ORDER] APPROVING GENERAL PLAN ZONING MAP AMENDMENT (GPZMA23 -0002) TO CHANGE THE HIGH DENSITY RESIDENTIAL LAND USE DESIGNATION TO GENERAL COMMERCIAL FOR 8.3
ACRES FRONTING RAMON ROAD, AND APPLY THE AFFORDABLE HOUSING OVERLAY TO 3.3± ACRES;
C. INTRODUCE AND ADOPT ORDINANCE NO. [NEXT -IN-ORDER], APPROVING SPECIFIC PLAN (SP23-0002) TO ESTABLISH THE DEVELOPMENT STANDARDS AND GUIDELINES FOR THREE (3) PLANNING AREAS WITHIN THE 36± ACRE SITE;
D. INTRODUCE AND ADOPT ORDINANCE NO. [NEXT -IN-ORDER], APPROVING THE
DEVELOPMENT AGREEMENT BY AND BETWEEN MCKELLAR MCGOWAN
HOLDINGS, LLC. AND RAMON & RATTLER PARTNERS, LLC. AND THE CITY OF RANCHO MIRAGE (DA23-0002); AND
E. ADOPT RESOLUTION NO. 2024 -PC-[NEXT-IN-ORDER], APPROVING TENTATIVE PARCEL MAP (TPM23-0004) TO SUBDIVIDE THE 36± ACRES INTO THREE PARCELS CORRESPONDING TO THE THREE (3) PLANNING AREAS AND PRELIMINARY DEVELOPMENT PLANS CASE NOS. PDP23-0006 AND PDP23-0007 FOR THE SINGLE- FAMILY RESIDENTIAL NEIGHBORHOOD IN PLANNING AREA 1 AND THE AFFORDABLE APARTMENTS IN PLANNING AREA 2.
MOTION CARRIED 4/0.
ADJOURNMENT
With no further business to consider, the Planning Commission meeting was adjourned at 3:43 P.M.
7-1109
DRAFT 3/28/2024 Planning Commission Meeting Minutes Page 8 of 8
Prepared by: Deanna Mendoza
Development Services Technician
Date Approved by Planning Commission:
7-1110
Existing Land Use Map
Source: City of Rancho Mirage Land Use and Zoning Map
r-- ..,
� �TERRANOVA
®
PLANNING & RESEARCH, INC.
Catana
Land Use Map Amendment
Rancho Mirage, California
Proposed Land Use Map
ATTACHMENT 16
7-1111
ATTACHMENT 17
7-1112
- --c-- ,..
catana
RANCHO MIRAGE, CA.
PRELIMINARY DEVELOPMENT PLAN CASE NO. PDPD23-0006
MCKELLAR MCGOWAN
REAL ESTATE DEVELOPMENT
02/15/2024
02/15/2024
1 CATANA
RANCHO MIRAGE, CALIFORNIA
THE MCKINLEY ASSOCIATES, INC.
ARCHITECT
SHEET INDEX
1 COVER SHEET
2 INDEX SHEET
3 ARCHITECTURAL SITE PLAN
4 LANDSCAPE MASTER PLAN
5 WALL AND FENCE PLAN
6 TYPICAL PLANTING
7 SITE LIGHTING PLAN
8 SITE LIGHTING PLAN
9 SITE LIGHTING PLAN
10 SITE LIGHTING PLAN
11 SITE LIGHTING PLAN
12 VISUAL SIMULATION
13 VISUAL SIMULATION
14 SITE SECTIONS
15 RENDERING #1
16 RENDERING #2
17 BUILDING A: FIRST & SECOND FLOOR BUILDING PLANS
18 BUILDING A: THIRD FLOOR BUILDING PLAN & ROOF PLAN
19 BUILDING A: BUILDING SECTIONS
20 BUILDING A: ELEVATIONS
21 BUILDING B: FIRST & SECOND FLOOR BUILDING PLANS
22 BUILDING B: THIRD FLOOR BUILDING PLAN & ROOF PLAN
23 BUILDING B: BUILDING SECTIONS
24 BUILDING B: ELEVATIONS
25 ENLARGED UNIT PLANS & COMMUNITY ROOM
26 COLOR SCHEME 3
27 PRELIMINARY GRADING PLAN
DAVID NEAULT ASSOCIATES, INC.
LANDSCAPE ARCHITECT
HEITEC CONSUL TING
CIVIL ENGINEER
TERRA NOVA PLANNING & RESEARCH
CONSULTANT
MCKELLAR MCGOWAN
REAL ESTATE DEVELOPMENT
Index
Sheet
02/15/2024
2 7-1113
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ARCHITECTURAL SITE PLAN North SCALE: 1" = 20'
CATANA
RANCHO MIRAGE, CALIFORNIA
PROJECT DATA
OCCUPANCY: R2
3 STORY STACKED FLATS
COMMUNITY BUILDING
CONSTRUCTION: TYPE VA w/NFPA 13 FIRE SPRINKLERS
ACREAGE: 147,286 SQ. FT. - 3.38 ACRES
LOT COVERAGE: 147,286 SQ. FT./ 32,236 SQ. FT. = 22% COVERAGE BUILDINGS: 4 BUILDINGS: (3) BUILDING A, (1) BUILDING B
2 FLOOR PLAN TYPES
UNITS: 58 TWO BEDROOMS / 1 BATH:
723 SQ. FT./ EXT DECK: 43 SQ. FT./ STORAGE: 201 C.F.
36 THREE BEDROOMS/ 2 BATHS:
949 SQ. FT./ EXT DECK: 43 SQ. FT./ STORAGE: 201 C.F.
TOT AL UNITS 94
REQUIRED
PARKING: 1.25 SP ACES PER UNIT
PROVIDED
PARKING: 116 STANDARD PARKING SPACES
8 ADA PARKING SPACES
COVERED
124 TOTAL SPACES PROVIDED
1.32 SP ACES PER UNIT
PARKING: 124 PARKING SPACES
50% REQUIERED PER SPECIFIC PLAN
62 PROVIDED COVERED SPACES
INDICATES COVERED SPACES
FUTURE COMMERCIAL
PROPERTY LINE
------------
PROPERTY LINE
TYPICAL PARKING SPACE DIMENSIONS
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Architectural
Site Plan
THE MCKINLEY ASSOCIATES, INC.
ARCHITECT
DAVID NEAULT ASSOCIATES, INC.
LANDSCAPE ARCHITECT
HEITEC CONSUL TING
CIVIL ENGINEER
TERRA NOVA PLANNING & RESEARCH
CONSULTANT
MCKELLAR MCGOWAN
REAL ESTATE DEVELOPMENT
02/15/2024
3 AC
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UP UP UPUP
UPUPUP UP
MAIL
VEHICLE
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UP UP UPUP
UPUPUP UP
MAIL ROOM
22'-0" X 16'-0"
LEASING
25'-8" X 25'-4"
OFFICE
11'-6" x 12'-6"
FITNESS
26'-0" X 40'-0"
YOGA
18'-10" X 18'-0"
BREAK ROOM
18'-0" X 16'-0" MAINTENANCE
17'-6" X 10'-0" GOLF CART
12'-0" X 16'-0"
POOL EQUIPMENT
26'-4" X 10'-0"
SPA
15'-0" X 15'-0"
POOL
70'-10 1/2" X 30'-0"
CLUB ROOM
28'-0" X 31'-0"
CO-WORK
20'-0" X 20'-0"
CAST IRONSINKS BROOKFIELDK-5942-5
OFFICE
11'-6" x 12'-6"
CAST IRONSINKS BROOKFIELDK-5942-5
OUTDOOR DINING
31'-6" X 18'-0"
VITREOUS CHINAUNDERCOUNTER LAVATORYMEMOIRS K-2339
CONFERENCE
14'-8" X 11'-6"
OUTDOOR
FITNESS
15'-10" X 19'-6"
MEN'S
WOMEN'S
KITCHEN
PDR
CABANACABANA CABANACABANA
MAIL
VEHICLE
ONLY
WISTERIA FLORIBUNDA
JAPANESE WISTERIA
AGAVE SPECIES
BOUGAINVILLEA SPECIES
CALLIANDRA CALIFORNICA
CAESALPINIA PULCHERRIMA
DASYLIRION WHEELERI
HESPERALOE PARVIFLORA
LEUCOPHYLLUM FRUTESCENS
MUHLENBERGIA "REGAL MIST"
AGAVE
SALVIA LEUCANTHA
RUELLIA PENINSULARIS
BOUGAINVILLEA
BAJA FAIRY DUSTER
RED BIRD OF PARADISE
RED YUCCA
DESERT SPOON
TEXAS RANGER
MEXICAN SAGE
PINK MUHLY GRASS
DESERT RUELLIA
LANTANA MONTEVIDENSIS
ACACIA R. "DESERT CARPET"
TEUCRIUM C. 'PROSTRATUM'
DALEA CAPITATA
DECOMPOSED GRANITE - "APACHE BROWN" OR EQUAL - 1/4" MINUS - 2" DEEP LAYER
TRAILING ACACIA
SIERRA GOLD DALEA
SPREADING LANTANA
CREEPING GERMANDER
1 GALLON
1 GALLON
1 GALLON
5 GALLON
5 GALLON
5 GALLON
5 GALLON
5 GALLON
5 GALLON
5 GALLON
5 GALLON
1 GALLON
5 GALLON
5 GALLON
15' O.C.
CONCEPTUAL PLANT LEGEND
BOTANICAL NAME
COMMON NAMEMIN. SIZESPACING
SHRUBS / GRASSES / PERENNIALSGROUNDCOVERS
12' O.C.
8' O.C.
6' O.C.
12' O.C.
6' O.C.
8' O.C.
8' O.C.
4' O.C.
6' O.C.
8' O.C.
VINES
WATER
USE
MOD
LOW
36" O.C.
36" O.C.
36" O.C.
24" O.C.
LOW
LOW
LOW
LOW
LOW
LOW
LOW
LOW
MOD
LOW
LOW
MOD
MOD
PARKING LOT TREES
ACACIA SMALLIISWEET ACACIALOW AS SHOWN
CERCIDIUM "DESERT MUSEUM"PALO VERDE
LANDSCAPE TREES
AS SHOWN
AS SHOWN
AS SHOWN
OENETHERA BERLANDIERIMEXICAN PRIMROSE1 GALLON36" O.C.
YUCCA SPECIESYUCCA5 GALLON6' O.C.
SYMBOL
LOW
LOW
LOW
LOW
LOW
LANTANA SPECIESLANTANA5 GALLON6' O.C. LOW
1 GALLON
CHILOPSIS LINEARISDESERT WILLOWLOW AS SHOWN
PROSOPIS CHILENSISTHORNLESS MESQUITELOW AS SHOWN
GEIJERA PARVIFLORAAUSTRALIAN WILLOWLOW AS SHOWN
BOUGAINVILLEA SPECIESBOUGAINVILLEA5 GALLON MOD 15' O.C.
ALOE "BLUE ELF"BLUE ELF ALOE1 GALLON2' O.C. LOW
CALLISTEMON 'LITTLE JOHN'DWARF BOTTLEBRUSH5 GALLON4' O.C. MOD ECHINOCACTUS GRUSONIIGOLDEN BARREL1 GALLON5' O.C. LOW
FOUQUIERIA SPLENDENSOCOTILLO5 GALLON15' O.C. LOW
PENSTEMON SPECIESPENSTEMON1 GALLON6' O.C. LOW
JUSTICIA CALIFORNICACHUPAROSA5 GALLON8' O.C. LOW
SALVIA GREGGIIRED SALVIA5 GALLON3' O.C. LOW
WEDELIA TRILOBATAWEDELIA1 GALLON36" O.C. LOW
ACACIA STENOPHYLLASHOESTRING ACACIA
OLNEYA TESOTADESERT IRONWOOD
CERCIDIUM "DESERT MUSEUM"PALO VERDEAS SHOWNLOW
RHUS LANCEAAFRICAN SUMACLOW AS SHOWN
ACCENT PALMS
AS SHOWNLOW PHOENIX DACTYLIFERADATE PALM
AS SHOWNMOD LAGERSTROEMIA INDICACRAPE MYRTLE
ACCENT TREES
AS SHOWN PRUNUS CERASIFERA "ATROPURPUREA"PURPLE LEAF PLUM AS SHOWNLOW 36" BOX WASHINGTONIA FILIFERACALIFORNIA FAN PALM AS SHOWNMOD 36" BOX PRUNUS C. "KRAUTER VESUVIUS"PURLE-LEAF PLUM MOD
AS SHOWNMOD 15 GALLON LAURUS NOBILIS BAY LAUREL
SMALL TREES / COLUMNAR TREES
AS SHOWN PODOCARPUS MACROPHYLLUSYEW PINE
AS SHOWNMOD CUPRESSUS SEMPERVIRENS ITALIAN CYPRESS
MOD 15 GALLON
BUDDLEIA DAVIDIIBUTTERFLY BUSH5 GALLON8' O.C. LOW
CONVOLVULUS MAURITANICUS GROUND MORNING GLORY24" O.C. MOD 1 GALLON MYRTUS COMMUNISTRUE MYRTLE5 GALLON4' O.C. MOD
OLEA "LITTLE OLLIE"DWARF OLIVE5 GALLON4' O.C. MOD
MACFADYENA UNGUIS-CATI
CAT'S CLAW5 GALLON15' O.C. LOW
ILEX VOMITORIA "STOKES DWARF" DWARF YAUPON 5 GALLON4' O.C. MOD 15 GALLON
QUERCUS V. "HERITAGE"SOUTHERN LIVE OAKMOD AS SHOWN
BRACHYCHITON POPULNEUS BOTTLE TREEMOD AS SHOWN
ULMUS P. "DRAKE"EVERGREEN ELMMOD AS SHOWN
LONICERA JAPONICA 'HALLIANA' HALL'S HONEYSUCKLE5 GALLON MOD 15' O.C.
TECOMA STANSYELLOW BELLS5 GALLON6' O.C. LOW
RHUS LANCEAAFRICAN SUMACLOW AS SHOWN
PROSOPIS CHILENSISTHORNLESS MESQUITELOW AS SHOWN
(MIN. 12' B.T.H.)
(MIN. 12' B.T.H.)
36" BOX
36" BOX
36" BOX
36" BOX
36" BOX
36" BOX
36" BOX
36" BOX
36" BOX
36" BOX
"TIF-GREEN" - OR EQUALHYBRID BERMUDASOD
TURF GRASS
HIGH
24" BOX
24" BOX
24" BOX
24" BOX
24" BOX
24" BOX
24" BOX
AS SHOWNLOW TRACHYCARPUS FORTUNEIWINDMILL PALM
(MIN. 8' B.T.H.)
24" BOX
AS SHOWNLOW CHAMEROPS HUMILISMEDITERRANEAN FAN PALM
(MIN. 3 TRUNKS)
24" BOX
AS SHOWNMOD PINUS ELDARICAMONDELL PINE24" BOX
MELALEUCA QUINQUENERVIACAJEPUT TREEMOD AS SHOWN24" BOX
LEUCOPHYLLUM LAEVIGATUMCHIHUAHUAN SAGE5 GALLON8' O.C. LOW ROSMARINUS OFFICINALISROSEMARY5 GALLON6' O.C. LOW
RHAPHIOLEPIS INDICAINDIA HAWTHORN5 GALLON6' O.C. LOW
ROSMARINUS O. "PROSTRATUS" PROSTRATE ROSEMARY1 GALLON36" O.C. LOW AS SHOWNMOD JUNIPERUS SCOPULORUMROCKY MOUNTAIN JUNIPER15 GALLON 520 S.F. (APPROX. 1.5% OF TOTAL LANDSCAPE AREA)
CATANA
RANCHO MIRAGE, CALIFORNIA
DAVID NEAULT ASSOCIATES, INC.
LANDSCAPE ARCHITECT
HEITEC CONSULTING
CIVIL ENGINEER
TERRA NOVA PLANNING & RESEARCH
CONSULTANT
THE MCKINLEY ASSOCIATES, INC.
ARCHITECT03/07/2024
PRELIMINARY DEVELOPMENT PLAN CASE NO. PDPD23-0007
N O R T H
0 20'
Scale: 1"= 20'
40'80'
KEY MAP
SINGLE-FAMILY RESIDENTIAL
FUTURE COMMERCIAL
SINGLE-FAMILY RESIDENTIALAPARTMENT BUIDLING
APARTMENT BUIDLING
APARTMENT BUIDLING
APARTMENT BUIDLING
BENCHES
ENHANCED
PAVING
SITTING AREA:
TURF AND
BENCHES
PICINIC TABLE
AND GRILL
GATE TO
SINGLE-FAMILY
HOMES
DRIVE TO
RAMON
ROAD
RAMON ROAD
SHEET 1 OF 3
SINGLE-FAMILY
RESIDENTIAL
FUTURE COMMERCIAL
RATTLER ROAD
N O R T H
INTERSTATE 10
RAMON ROAD
RATTLER RD.
SITE
DA VALL DR.
VICINITY MAP
NOTE:
PER 17.24.040
LANDSCAPE
DEVELOPMENT
STANDARDS, MINIMUM
TREE
AND SHRUB SIZES
HAVE BEEN PROVIDED:
30% 36" BOX, 50% 24"
BOX, 20% 15 GALLON,
60% 5 GALLON, 40% 1
GALLON
TOT LOT W/
RUBBER SURFACE
LANDSCAPE MASTER PLAN
TRASH
ENCLOSURE
TRASH
ENCLOSURE
APARTMENTS
MATCH LINE "A" - SEE ABOVE LEFT
MATCH LINE "A" - SEE BELOW RIGHT
PROJECT
LOCATION
RAMON ROAD
DRIVE TO
APARTMENTS
ENTRY TO
FUTURE
COMMERCIAL
CEMETERY PROPERTY
CARPORTS CARPORTS
MAILBOX
CLUSTERS
NO
SYMBOL
NOTE:
PLAY EQUIPMENT TO BE
UP TO 20 FEET IN HEIGHT
NOTE:
MAXIMUM HEIGHT OF PLAY
EQUIPMENT SHALL BE 20'
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CATANA
RANCHO MIRAGE, CALIFORNIA
DAVID NEAULT ASSOCIATES, INC.
LANDSCAPE ARCHITECT
HEITEC CONSULTING
CIVIL ENGINEER
TERRA NOVA PLANNING & RESEARCH
CONSULTANT
THE MCKINLEY ASSOCIATES, INC.
ARCHITECT03/07/2024
PRELIMINARY DEVELOPMENT PLAN CASE NO. PDPD23-0007
SINGLE-FAMILY RESIDENTIAL
CEMETERY PROPERTY
FUTURE COMMERCIAL
SINGLE-FAMILY RESIDENTIAL
APARTMENT BUIDLING
APARTMENT BUIDLING
APARTMENT BUIDLING
APARTMENT BUIDLING
GATE TO
SINGLE-FAMILY
HOMES
WALL AND FENCE LEGEND
6' HIGH SPLIT-FACE CONCRETE
MASONRY WALL - COLOR "TAN"
6' HIGH SPLIT-FACE CONCRETE MASONRY WALL AND
PILASTERS COLOR: "TAN"
6"
GATE TO SINGLE-FAMILY HOMES
SECONDARY VEHICULAR GATE
6' HIGH STEEL - COLOR TO MATCH
GATES AT SINGLE-FAMILY PROJECT
ENTRY AT RATTLER RD.
N O R T H
0 20'
Scale: 1"= 20'
40'80'
SHEET 2 OF 3
WALL AND FENCE PLAN
APARTMENTS
STUCCO COLOR AND TEXTURE TO MATCH
MAIN ENTRY MONUMENT
6.5' HIGH CORTEN STEEL PEDESTRIAN
AND VEHICULAR GATES
HORIZONTAL AND VERTICAL 3/8" DIA. STEEL
CABLE
A
B
C
A
CONSTRUCTION LEGEND FOR GATES
TRASH ENCLOSURE
FRONT ELEVATIONSIDE ELEVATION
1. 3x3 TS @12" O.C. TRELLIS
2. 4x6 TS BEAM
3. 4x4 TS SUPPORT COLUMNS
4. SKIM COAT STUCCO
5. 8X8X16 CONCRETE BLOCK. #4 REBAR
VERT.@ 24" QC CENTERED; #4 REBAR
HORIZ. BOND BEAM @ MID-HEIGHT AND
TOP COURSE; SOLIDLY
GROUTED;DECORATIVE BLOCK CAP.
6. 6" CONCRETE SLAB W/ #3 REBAR @
18" QC EACH WAY OVER 90%
COMPACTED BASE. 2% MIN. - 4% MAX
SLOPE TO DRAIN.
7. 6" CONCRETE CURB (WHEEL STOP),
TYPICAL @ INSIDE PERIMETER.
8. SLIDE BOLT PER CITY STANDARDS.
9. CANE BOLT PER CITY STANDARDS.
10. 2x3 TS GATE FRAME, MITER CUT &
WELD CORNERS; GRIND ALL CORNERS
SMOOTH; 1-1/2" x 3/8" BAR STOP WELDED
FLUSH WITH INSIDE FACE OF FRAME.
1 2
3 4 5
8 9
10 B C
B A
PEDESTRIAN GATE TO COMMERCIAL
C
B
5'-6"
6'
1'-6"
13'
24'
6'-3"
7'-9"
1'
9'-4"
6'
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MCKELLAR MCGOWAN
~AL E!:ST 1,m: 01::vm.Of'MEN':'
SIZE
SHRUBS
BOTANICAL NAME
QTY.
COMMON NAME
SYM
TREES
PLANT LEGEND
GROUNDCOVER
ALOE "BLUE ELF"BLUE ELF ALOE
AFRICAN SUMAC RHUS LANCEA36" BOX
5 GALLON
AGAVE BRACTEOSASPIDER AGAVE5 GALLON
CRAPE MYRTLE LAGERSTROEMIA INDICA
HESPERALOE PARVIFLORARED YUCCA5 GALLON
ACCENTS
A
CALIFORNIA FAN PALM WASHINGTONIA FILIFERA12' B.T.H.
L
RO
PENSTEMON EATONIFIRECRACKER PENSTEMON5 GALLON
ROSMARINUS O. "TUSCAN BLUE"UPRIGHT ROSEMARY5 GALLON
0L
m
PALO VERDE CERCIDIUM "DESERT MUSEUM"3 36" BOX
CAESALPINIA PULCHERRIMARED BIRD OF PARADISE5 GALLON
BOUGAINVILLEA "ROSENKA"5 GALLON BOUGAINVILLEA
BR
CC
LANTANA "SPREADING SUNSET"LANTANA
VINES
MACFADYENA UNGUIS-CATICAT'S CLAW5 GALLON
LANTANA MONTEVIDENSISLANTANA
5 GALLON
5 GALLON
M
LEUCOPHYLLUM LANGMANIAECINNAMON SAGE5 GALLON
15 GALLON PODOCARPUS MACROPHYLLUSYEW PINE
5 GALLON OLEA "LITTLE OLLIE"DWARF OLIVE
36" BOX
CAJEPUT TREE MELALEUCA QUINQUENERVIA36" BOX
AGAVE DESMETTIANAAGAVE15 GALLON
MUHLENBERGIA "REGAL MIST"PINK MUHLY GRASS5 GALLON
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10 18
8 19
50 49
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30 44
97 170
252
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CATANA
RANCHO MIRAGE, CALIFORNIA
DAVID NEAULT ASSOCIATES, INC.
LANDSCAPE ARCHITECT
HEITEC CONSULTING
CIVIL ENGINEER
TERRA NOVA PLANNING & RESEARCH
CONSULTANT
THE MCKINLEY ASSOCIATES, INC.
ARCHITECT03/07/2024
PRELIMINARY DEVELOPMENT PLAN CASE NO. PDPD23-0007
N O R T H
0 10'
Scale: 1"= 10'
20'40'
TYPICAL PLANTING PLAN
SHEET 3 OF 3
APARTMENTS
TYPICAL QUANTITIES
(SEE PLANTING NOTE BELOW)
PLANTING NOTE:
THE AREA SHOWN IS REPRESENTATIVE OF THE QUANTITIES, SIZE, AND SPACING OF PLANT MATERIAL. SUBSEQUENT LANDSCAPE CONSTRUCTION PLANS WILL BE
SUBMITTED PRIOR TO BUILDING PERMITS FOR REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT AFTER THIS ENTITLEMENT PHASE OF THE PROJECT.
NOTE:
ALL FUTURE LANDSCAPE CONSTRUCTION PLANS WILL COMPLY WITH THE FOLLOWING STANDARDS. APPROVAL OF THOSE PLANS WILL BE SUBJECT TO MEETING THESE REQUIREMENTS.
KEY MAP
AREA #1
AREA #1 - PORTION OF APARTMENTS (CENTRAL SPINE)
AREA #2
AREA #3
AREA #2 - PORTION OF APARTMENTS
(NORTHEAST CORNER)
AREA #3 - PORTION OF ENTRY ACCESS ROAD
ENTRY DRIVE FROM RAMON
PARKING LOT
TRASH
MAILBOXES
TOT LOT
NOTE:
MAXIMUM HEIGHT OF PLAY
EQUIPMENT SHALL BE 20'
6 7-1117
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GENERAL NOTES - LIGHTING FIXTURE/SCHEDULE
1. ALL LIGI-ITING FIXTU RES SHAL L BE LABELED W ITH T HE APPROPRIATE UL LABEL \DAMP, WET, ETC) AS REQUIRED BY
CODES AN D LOCAL ORDINANCES
2 '
SHOP DRAWING SUBMITTALS SHALL INCLUDE ALL FIXTURES, LAMPS, AND BALLAST INFORMA TION. ANY SHOP DRAWINGS WHICH ARE SUBMITTED. WITHOUT ANY ONE OF THES E ITEMS WILL BE REJECT ED AS INCOMPLETE AND WILL BE REQUIRED
TO BE RESUBMITTED WITH TH E REQUIRED INFORMAT ION
ALL LIGI-ITING FIXTU R E SPECIF IC INFORMA TION (TYPE, CLAMP BALLAST , CO LOR . MOUNTING, ETC.) HAS BEEN SPECIFIED
W ITH THE CONSIDERATION OF SPECIFIC PERFORMA NCE AND AESTHETIC REQUIREMENTS ANY SUBSTITUTION OF THE
SPECI FIED FIXTURES IS SUBJECT TO THE ARCHITECT AND ENG IN EER OF RECORD'S FINAL APPROVAL AND ARE SUB JECT
TO THE FOLLOWING CRITERIA
a . SUBM IT AN OPERABLE SAMPLE WITH THE SPEC IFIED LAM P/BALLAST COMBINATION AND A 120V CORD AND PLUG . b_ SITE LIGHTING FIX TUR ES - PROVIDE A COMPLETE PHOTOME TR IC REPO RT WHICH INC LUDES THE FOLLOWING INF ORMAT ION ON THE S ITE PLAN , WHICH CLE AR LY IDEN T IFIES FOO T-CAND LE LEVELS. PLAN IS TO INCLUDE /\LL INPUT DATA UTILIZED IN THE CALCULATION (LAMP/BALLAST TYPE. LAMP LUM ENS. LIG HT LOSS FAC TOR, ETC .i. IN SITUATIONS 'NH ERE SUBSTITUTIONS AFFECT FIXTURES EQUIP PED WITH EMERGENCY BATTERY, PACKS, OR OTHER EMERGENCY SOURC ES O F PO\VER, PROVIDE ADDITIONAL PHOTOM ETR IC REPO RT (S} WHICH CLEARLY ID ENTI FY A MINIM UM 1.0 FOOT-CANDLES A LONG THE PA T l-l(S) OF EGRESS - T HIS REPORT SHALL ALSO INCL UDE ALL INPU T DATA UTILIZE D IN T iff CALCULA TIONS (FOR FIXTURES UTILIZING AN EMERGENCY BATTERY PACK INCLUDE THE LUMEN RATI NG AND QUANTITY OF LAMPS FOR THE EMERGENCY BATTERY PACK). SEE BELOW FOR PHOTOM ETRIC PLAN GUIDELINES:
1j PO INT BY POINT SPAC ING IS NOT TO EXCEED 10'-0" IN ANY DIRECTION 2) PHOTOME TRIC STUDY IS TO BE BASED ON A MAINTAINED FOOT-CANDLE LEVEL USING MEAN LAMP LU MENS
AN D THE SAME LIGHT LOSS FACTORS USED IN TH E ORIGINAL DESIGN CALCULAT IONS PERFORMED BY THE
ENG INEER OF RECORD
3) ASSOCIA TE D R EPOR T T O INCLUDE AN ENERGY COS T MODEL WHICH IDENTIFIES ADD ITI ONAL ENERGY OR ENERGY COS TS FOR A 10-YEAR PERIOD AS COMPARED TO T t-,E SPECIFIE D ITEM A LL ADDI TIO NAL EXPENSES WILL BE SUBTRACTED FROM THE CONTRACT COS T .
c. IN TERIO R LIG HTING FIX TURES · SPECIFIC INTERIOR FIXTUR ES AS DETERMINED BY THE ENGINEER OF RECORD WILL REQUIRE SUP PLE ME N TAL PHOTOMETRIC REPORTS CONFIRM ll'\IG SUBSTITUTE FIXTURE LIG HT LEVELS EQUAL QR EXCEED DES IGN ED LIGHT LEVELS JN SPACES ID EN TIFIED . IF THE SUBS TITUTED FIXTURE JS AN EMERGENCY FIXTURE A PHOTOMET R IC REPORT SHALL BE SUBMITTED FOR ALL PATHS OF EGRESS W HICH CLEARLY IDENTIFIES 1 .0 MINI MUM FOOT-CAND LES ALONG THE PATH . IN ADDITIO N, TEST SWITC H MOU NTING (INTEGRAL OR REMOTEi SHALL MATCH THE
MO UNT IN G AS SPECIF IED ON THE DESIGN DOCUMENTS - CO NTRACTOR IS RESPONSIBLE FOR PROVID ING ALL
REQUIRED COVER PLAT ES , TRIMS, REFLECTORS, ETC NECESSARY FOR TH E SPECIFIC TEST SW ITC H MOUNTING ALL
REPORTS SHAL L INC LUDE INPUT DATA UTILIZED IN T HE CALCU L ATIONS (FO R FIXTURES UTILIZ ING AN EMERGENCY BATTERY PACK INC LUDE T HE LU MEN RAT ING AND QUANTITY OF LAll.1PS FOR THE EMERGE NCY BATT ERY PACK) . 1j PHOTOME TRIC STUDY IS TO BE BASED ON A MAINTAINED FOOT-CANDLE LEVEL USING MEA N LAMP LU MENS ANO THE SAll.1E LIGHT LOSS FACTORS USED IN THE ORIGINAL DESIGN CALCULAT IONS PE RFORMED BY T HE ENGINEER OF RECORD .
d. MANUFACTURER'S CATALOG C UT SHEE T WHIC H INCLUDES BUT IS NOT LIMI TED TO THE FOLLOWING INFORMATION · 1) LA MP TY PES ANO QUANT ITI ES; BALLAST llPTIONS; 3) VO LTAGES; 4) EPA RATING (WHE R E APPLICABLE); 5) FIXTURE DIMENSIONS , 5j EMERGENCY BATTERY PACK AND TES T SW ITCH OPTIONS (W HERE APPLICABLE) ; AND 6) F IXTURE
FINISH ES
e. FOR ALL SITE LIGHTING FIXTURES PROVIDE POL E SPECIFICATIONS W ITH S UPPLEME NTAL DOC UMENTA TION
IDENTI FYING POL E SIZE IS RATED ACCORDINGLY BASED ON FIXTURE(S) EPA AND A WIN D RATING FORTI-IE PROJEC T ZONE
f_ A SIGNED COPY OF THE "SUBSTITUTION COMPLIANCE FORM" LOCATED IN THE DIV ISION 1 SPECIFICAT ION WH ICH STATES THA T IF THE PROPOSED SUBSTIT UT ION IS ACCEPTED , THEN THE PRO.IEC T SCHEDULE WI LL NO T BE NEGATIVELY AFFEC TED IF THE COMP LETION OF THE PRO JECT IS DELAYED DUE TO Tl-,E PROPOSED SUBS T ITU TION T HEN THE ELE CTRICAL CON TRA.CTOR WIL L BE RESPONSIBLE FOR ANY /\ND /\LL ESTA.BLISHED LIQUIDA TED DAMAGES. g. CO NTR AC TOR TO PROVIDE ARCH ITECT AND ENGINEER OF RECORD WIT H ALL SUBSTITUTE IMFORM AT ION REF ERENCED ABOVE NO LATER THA N TWO WORKING WEEKS PRIOR TO THE BID DEADLINE.
4. CA TAL OG N UMBERS AS REFERENCED ON THE FIX TURE SCHEDULE PROV IDE GENERAL FIXTURE IN FORMATIO N
CONT RACTOR SHALL REVIEW LIGH TING PLANS AND SPECIFICATIONS TO VERIFY ALL FIXTURE ASSOCIATED DESIG N
IN FORMAT ION T H E CONTRACTOR IS RES PONSIBLE FOR PROV ID ING ALL NECESSARY PARTS AND PIECES REQUIRED FOR
A COMPLETE A N D OPERAT IONA L INSTA LLAT ION ANY DISCREPA NCIES BETWEEN DESCRIPTIONS, SPECIFICATIONS, AND
CATA LOG N UMBERS ARE TO BE PRESENTED TO THE ENGINEER OF RECORD PR IOR TO COMPLETIO N OF THE BID PROCESS
FOR CLARIFICATION
5. ALL COLOR SPEClr-lC INFORMATION WHICH RELAT ES TO LIGH T ING l" IXTURES ANOiOR TH EIR RELATED PARTS ARE TO BE REV IEWED A N O COMMENTED ON BY THE ARCHITECT . FIXTURES WHICH REQ UI RE A CUSTOM CO LOR WILL HAVE A CUSTO M COLO R PAINT WHICH WILL BE INCLUDE D IN THE ARCHITECT'S SHOP DRAWING REI/IEV,t COMMENTS. 6 ALL LIGHTING EQUIPMENT LOCATIONS ARE TO BE COORDINATED W ITH THE ARCHITEC TURA L REFLEC TED CE ILI NG PLA N
PRIOR TO OR DERI NG AND INSTALLING
7. ALL FIXTURES TO BE MOUNTED IN FIRE RATED CEILINGS ARE TO BE PROVIDED AND INSTA LLED WITH AN APPROVED FIRE R,\TED ENC LOSURE
8. ENSURE COMPATIBILI TY OF ALL 0111.1MING SYSTE M AND IND IVID UAL LIGH T ING CONTROLS 'l,'ITH LAM PS, BALLASTS . AND FIXTURES. ALL COMPONEN TS ARE TO BE FACTORY C ERT IFIED COMPATI BLE FOR A FULL RANG E OF DIMMING
9. LIGH TING FIXTU RE CLEARANCES FROM COMBUS T IBL E MAT ERIA LS A RE TO BE A MIN IMU M O F 1n·· (OTHER THAN AT POIN TS OF SUPPORT) AND 3"' FROM INSULATIO N FOR NON-IC RATED RECESSED LIGHT ING FIXTURES. 10 ALL LIG HTIN G FIXTU R ES TO BE MOUN TED IN A SUSPENDED CEILING ARE TO SE SUPPOR TED BY T-BAR C LIPS AND (2)#12 SUPPORT W IRES ATTACHED TO THE BUILDING FRAME . IN ADDIT ION, LIGHTING FIXTURES ARE TO BE SECURED TO THE CEILI NG GR ID WITH (4 ) SHEET METAL SCREWS ((1) AT EACH CORNER OF THE FIXTURE) - SCREWS SHAL L BE NEITHER VISIBLE NOR IMPEDE THE INSTA LLA TIO N OF CEILING TI LES. 11 ALL LIGHTING FIXTU RES WHICH ARE TO B E MOUNTED IN FOOD SERVICE AREAS SHALL BE PROVIDED WITH THE FOLLOW ING CHARACTERIS T ICS: DOO R TO FRAME GASKETS; LENS TO FRAME GASKETS ; lr-lVERTED LE NS: AND A FOOD
SERVICE RATING
12 ALL FIXTURES , TRIMS ; AND LAMPS SHA LL BE CLEANED AND FREE FROM DI RT . DUST, LAB EL/ADHESIVE AND FINGE R PRI NTS .
13 FIXT URES REFERENCED ON THE PLA NS TO BE WIRE D IN TANDEM (MAST ER!SATE LLITEj ARE TO BE INSTALL ED FO LL OWING
THE GUIDELINES REFERENCED BELOW
o. FIXTURES ARE TO BE PROVIDED WITH M ULTIPLE BALLASTS AS REQUIRED FIXTURES TO BE PROVIDED WITH FA CTORY SPECIFIED AND INSTALLED WIRING HARN ESS OF LENG T HS SPECIFIED ON THE PLANS. ALL AREAS 'N ITH TANDEM
F IXT URES AR E T O BE PROVIDED WI TH T HE REQUIRED QUANTI TY A ND TYPE OF CON T RO L DEV ICES AS INDICA TED ON PLANS
b. 3-LAMP FIXTURES TO BE TAN DEM W IRED WITH ELECTRONIC BALLAST CONFIGURAT IONS AS FO LLOWS:
1j
2)
3)
4)
"M" REFERENCES A MAS T ER FIXTURE WH ICH IS TO PROVIDE D WI TH ( 1) 4-LAMP BA LLAS T INHICH CONTROLS THE OUTBOARD LAMPS; AND (1) 2-LAMP BALLAST WHICH CON TROLS THE INBOARD LAM PS - OF BOTH THE MASTER ("M" ) A N D THE SATEL LITE ("S") FIXTUR ES .
"S" REF ERENCES A SATELLITE l" IXTU RE WHICH IS CONNECTED TO THE MAS TER ("M ") FIXTUR E VIA FACTORY
PROVIDED WIRING HARNESS OR W HIP
"O" REFERENCES A N ODD FIXTU R E WHICH IS TO BE PROV IDED W ITH (1) 2-LAMP BALLAST WH ICH CONTROLS THE OUTBOARD LAMPS; AND 11) 1-LAMP BALLAST WHICH CON TROLS THE INBOA RD LAM P.
F IXTURES DESIGNAT ED AS "EMERGENCY" ARE TO BE PROVIDED WITH THE APPROPRIATE EM ERGENCY BATTERY PACK (SEE EMERGENCY BATTERY PACK SPECS BE LOWj AND ARE TO BE FED WITH SPECIFIED SWITCH LEGS, AS 'NELL /\SA CONSTAN T HO T CIRCUIT. EM BATTERY P1\CK IS TO BE MOU NTED IN THE MASTER FIXTURE 5) CONTRACTOR IS RESPONSIBLE FOR PROVIDING THE APPROPRIATE LAM P AND BALLAST TYPE AN D QUA NTITY BASED ON THE FIXTURE SPECIFICA TION AND SW ITCHING CONFIGURA TIONS .
14. EMERGENCY LIGHTING FIXTURES AND BATTERY PACKS /\RE TO BE PROV IDED BASED ON FO LLOWIN G THE CRITERIA u. FIXTURES SPECIFIED WITH INTE GRAL EMERGENCY BATTERY PACKS ARE TO BE FED USING THE FOLLOW ING GU IDELIN ES ;
1 o1.1 • - FOR EME RGENCY FIX TURES SPEC IFI ED WITH AN EME RGENCY BATT ERY PACK REPRESEN TS A FIXTURE WITH A NO R MAL BAL LAS T TO BE CON NECTED TO SWITCH LEG · s · ANO AN EMERGENCY BALLAST TO BE CON N ECTE D TO A CONS TA NT HOT LEG "1" (CONS TAN T HO T CIRCUITS ARE TO BE TAPPE D AHEAD OF AN TIME CLOCK /PHO TO CEL L CONTROLLED DEVICES) .
1* REPRESENTS ONE OF THE FOLLOW ING FIXTURE TYPES WHICH ARE TO BE CONNECTED TO A CONSTANT HOT CIRCUI T "1": a) NORMAL FIXTURE DESIGNATED AS A NIG HT LIGHT (NL); b) EX IT SIGN(S]; AN D.IOR c) A N EM ERGENCY FIXTUR E E QUIPP ED WITH AN EMERGENCY FIXTURE DESIGNAT ED AS A NIG HT LIGHT (NL): bl EXIT SIGN(S): Ar-lDiOR c) AN EMERGE NCY FIXTU R E EQUIP PED WITH AN EMERGENCY
T IME-CLOCKIPHOTO-C ELL CONTROL LED DEVICES)
h . EME RGENCY BATTERY PACKS SHALL BE PROVIDED AND INSTAL LED AS FOLLOWS LED LAMPS :
BODIN E lilBSL23 OR #BSL722 OR EQUAL IF AVAILAB LE
NOTE; ALL LED FIXTURES EQUIP PED WITH EMERGENCY BATTERY PACKS SHALL HAVE THE BATTERY PACKS FACTORY
INSTALLED AND TESTED AT THE FIXTURE MANUFACT U RER'S FACI LI TY TO ENSURE UL LISTING OF THE FIXTUR E IS MA INTAINED. FIELD INSTALLATION OF LED EMERGENCY BATTERY PACKS IS STRICTLY PROHIBITED . NOTIFY ENGINEER OF R ECORD SHOULD SPECIFIED FIXTURE NOT HAVE ADEQUATE SPACE TO ACCOMMODATE TH E EMERGENCY BATTERY PACK.
CONTRACTOR TO MODIFY BASE DID TO INCLUDE ALL NECESSARY EQU IPM EN T FOR A COMPLETE AND OPERATIONAL,
AOEQUA TEL Y SIZED MINIATURE INVE RTE R SYSTEM TO BE MO U NTED IN NEARES T ELECTR ICAL ROOM IN THE EVEN T THE BATTERY PACK CAN NOT BE INSTA LLE D IN THE FIXTURE .
NOTE : A LL BATTERY PACKS II.RE TO BE FACTORY INSTAL LED IN FIXTURE ASSEMB LI ES WHEN APP LI CABLE . ELECTRICAL
CONTRACTOR IS RESPONSIB LE FOR CONTACTING FIXTUR E MANUFACT U RERS TO VERIFY SPECIF IED (OR APPROV ED SUBSTIT UTEj FIXT U RE HAS ADEQUATE SPACE WITHIN TH E FIXTURE TO MOUNT THE EMERG ENCY BATTERY PACK . IF IT IS DETERMINED T H E BATTERY PACK C1\NNOT BE MOU NTED IN THE FIXTUR E THEN CONTRACTOR SHALL INCLUDE ALL COSTS
R EQU IRED FOR REMOTE MOUN T ING TH E EM ERGENCY BATTERY PACK ABOVE NEAR EST ACCESSIBLE CEILING ENSURE DISTA NC E F ROM FIX TURE T O R EMOTE BATTE RY PACK LO CAT ION DOES NO T EXCEED THE MANU FAC TURER"S R ECO MMENDE D DISTANCES . COORDINATE ALL ACCESS PANELS WITH ARCHITEC T OF \ RECO RD PR IOR TO INS TA LL. c. A LL LIG HTI NG FIXTURES WITH EMERGENCY BATTERY PACKS ARE TO BE PRO V IDED WITH INTE GRAL TEST SW ITC HES AND CHARGE LIGHTS U NLESS OTH ERW ISE NO TED OR REQUIRED BY THE AUTHOR ITY HAVING JURISD ICTION (AHJ). IN TH E
EVE NT IN TEGRAL TEST SWITCHES ARE NOT ALLOWED NOTIFY ENGIN EER OF RECORD PRIOR TO INSTALLATION OF REMOTE TEST SW ITCHES . TEST SWITCHES TO BE INSTA LLED IN FIXTURES WIT H A MINIMUM OF 18" OF ADDITIONAL \','IRI NG TO ALLOW FOR GENERAL FIXTURE MAIN TENANCE.
15. INSTALL ALL EXIT SIGNS IN ACCORDANCE WITH T HE LOCAL AHJ AND F IRE AUTHORITY. THE CONTRACTO R IS R ESPO NSIBLE FOR PROVIDING ALL REQUIRED PARTS, PIECES, AND MO UNT ING HARDWARE FOR EX IT SIGNS. AS WELL AS,
ENSURING THE EX IT SIGNS ARE MOUN TED IN AN APPROVED VISIBLE LOCATION VER IFY ALL REQUIRED CHEVRONS, MIRRORS,
AND FACES AS REFER ENCED ON THE ARCHITECTURA L REFLECTED CEI LI NG PLAN NOTIFY ARCHITECT ANO ENG IN EER OF
RECORD OF ANY DISCREPANC IES BE TW EE N ARC H ITECTURA L AND ELEC TRICA L DRAW INGS PR IOR TO ORDERING OF
EQUIPME NT
16. TRACK LIGHT ING FIXT URE SPECIFICAT IONS ARE TO BE COORDINATED , VERIFIED AND CO N FIRMED WITH EQUIPMENT
MANUFAC TURE R AN DIOR DIS TR IBUTOR PRIO R TO ORDERING AN D INSTALLING CONTRACTOR IS RESPONS IB LE FO R PROVIDING ALL N EC ESSARY PAR TS AND PIECE S FO R A COM PLETE. FUNC T IONAL AN D OP ERAT IONAL INS TALLA T ION TRACK LENGTHS ARE AS SPECIFIED ON THE FIXT URE SCHEDULE .
17. CON TRACTOR SHALL INSTA LL ALL LIGHT ING FIXTURES PER LOCAL AND NA TIONAL BU ILDI NG , ELECTRICAL AN D SEISMIC CODES. CONTRACTOR IS RESPONSIBLE FOR PROVID ING ALL REQUIRED MOUNTING HARDWARE AND BRACING MATERIALS
FOR COMPLETE AND COD E COMPLIAN T INS TALLAT ION COORD INATE RE QU IREMENTS WIT H AUTHORITY HAVI NG JURISD ICT ION
PRIOR TO INSTALLATION
18. CON TRACTOR SHALL COORDINATE ALL LIGHT ING FIXTU RE LOCATIONS AND QUANTIT IES WITH T HE ARCH ITECTURAL
REF LECTED CEILING PLANS IN ADD ITION, CONTRACTOR SHALL ALSO COORDINA TE ANY FIXTURE SPECI FIC DIME NSIONS 'NITH ARCHIT ECTURA L RCP. NOTIFY ARCH IT ECT ANO ENG INEE R OF RECORD O F ANY DISCR EPANCI ES PRIOR TO FINA LIZING
FIXTURE ORDER WITH THE DIS TRIBUTO R
19. CONTRACTOR TO INCLU D E IN BAS E BID fl MINIMUM OF 2-HOURS FOR A ONE TIM E AIM ING 1\ND ADJUSTMENT TIM E OF ALL MUL Tl-HEAD AND DI RECTIO NAL FIXTU RE ASSEMBLIES . AIM ING AND ADJUSTME NT TO BE SCHEDULED FO R AT NIGHT AND AF T ER HOURS WITH THE A RCHITEC T . ENGINEER. AND OWNE R PRESEN T. CONTRACTOR IS RESPONSIBLE FOR SCHED ULING AN APPRO PR IATE TIME PRIOR TO OR DERING THE FI NAL PUNCH WALK FOR THE PROJEC T.
20. SUPPLEMENTARY OVERCURRE NT PROTECTION PANEL FOR TRACK LIG HTIN G SYSTEMS TO BE PROMINENTLY LABE LED AS FOLLOWS :
NOTICE; TH IS PANEL FOR TRACK LIGHTING ENERGY COD E COMPLIANCE ONLY . TH E OVERCURRENT PROTECTION DEV ICES IN T H IS PANEL SHALL ON LY BE REPLACED WITH THE SAME OR LOWER AMPERAGE. NO OTHER OVERCURRE NT PROTECTIVE DEi/iCE SHALL BE ADDED TO TH IS PANE L. ADD ING TO , OR REPLACEMENT OF EXISTING OVERC U RRENT PROTECT IVE DEVICE(S} \NITH HIGHER CONTINUOUS AMPERE RAT ING, WILL VOID THE PAN EL LISTING ANO REQUIR E RESUBMITTAL AND RE-CE RTIFICAT ION OF CALIFORNIA TITLE 24, PART 6 COMPLIANCE DOCUll'tENTATION
LIGHTING CONTROL SYSTEM REQUIREMENTS
1. THE CONTRACTOR SHAL L BE RESPONSIBLE FOR THE FU RN IS HING OF ALL MATERIAL. LABOR, EQUIPME NT, A ND SERVICES,
IN CONNECTION WITH THE INSTALLATION OF A COMPLETE LIG HTI NG CONTROL SYSTEM AND CODE COMPLIANT INSTALLATION .
2. IT IS T HE INT EN T O F THE CO NTRACT DOCUMENTS, W H ICH ARE PRESENTED IN A DIAGRAMMATIC FORMAT, TO PROV IDE
CON TR ACTOR INFORMA T ION THAT SUPPLE MENTS ANO ENHA NCES THE GENERALLY ACC EPTED CONSTRUCT ION M EANS
ME THODS, TECHNIQUES , SEQUENCES AND PROCEDURES EMPLOYED IN CONNECTION WITH INS TALLATION OF THIS TYPE OF PRODUCT i SYST E M.
3. THE CONTRACTOR SHAL L ALSO INCOR PORA TE THE REQ U IRE M EN TS OF THE MAN UFACTURER'S INSTALLATION INSTRUCTIONS / WARRANTY REQU IREMENTS AS PART OF T HE REQU IREMENTS OF THE CONSTR UC TION DOCUME NTS . IN
THE EVENT OF A CONFLIC T BETWE EN THE CONTRAC T DOCUMENT REQU IREMENTS AND THE MANUFACTU R ERS INSTALLA T ION REQU IREME NTS. THE MORE STRING EN T REQU IREMEN T S SHA LL APP LY- UNL ESS TH E MO RE ST RING ENT R EQU IREME NT V01DS APPLICABLE WAR RANT IE!;:; OR VIOLA TES Tt-,E REQUIREMEN TS OF THE LOCAL AUTHORITY HAVING JU RISD IC TION. A NY SUCH CONFL ICT SHALL IMME D IATELY BE BROUGHT TO TH E ATTENTION OF THE ENG IN EER IN WRITING THROUGH T HE FORMAL R FI PROC ESS .
4. R EFER TO THE ASSOCIATED SC HEDULES , SCHEMATICS , DRAW INGS, AND SPECIFICATIONS FOR D ETAILED INFORMAT ION:
REQlJ IREME NTS ON THIS PRO D UCT J SYSTEM
5. THE LIGH TING CO NTR OL PAN EL (LCP) SYST E M Sl-1ALL BE LEV ITON .
6. LIGHTING CON TROL SYST EM MUST INTEGRATE WITH DISTRIC T APPROVED ENERGY MANAGEMENT SYST E M
ELECTRICAL SHEET INDEX
NO . SH l::E"I LJ ESC ~ IPl"ION
E-1.0 SITE LIGHTING NOTES & SHEET INDEX
'
E-1.1 SITE LIGHTING PLAN
3 E-·I .2 PHOTOMETRIC SITE PLAN
,, E-1.3 LIGHTING SPEC IFICATIONS
'
E-1.4 TITLE 24 L TO OUTDOOR FORMS
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~~~ ,omu!ii,,ggrc,ip, inc I..©
15 Studebaker
Lrv ine
CA 92618
Irvine
td 949,752,1 612
fax 949,752,5321
Palm Springs
tel 760.323.5090
~~ ~
DAT E SIGNED: 1.14124
RESTRICTIVE NOTICE
THESE GE>iGNS, DMWING,, A~)
SP CO FIC.~T IOri S AKE I H E EXCLUSIVE P~OPE~ I~
OfliOU'ilS E%1NEE~lri G CONSJ.TING
GROUP THEY ARE THE SUBJECTCF CO'f~IGHT
AHO OTHER LEG:,L PKOHCTIOrl. WC'! M /\'I ~E
USED ONL~ SY THEIR l~TENDE-J RECIPIENT AND
ONL~ fG R T HE PFUJE~T DEP IOEO HEREIN. NO
P~RT OF THESE l>R~Vc'INGS A•E TO BE (UPI ED
'". ""'~••n. HHR(WU U Q , r;o~ G~ I H ~Y
~, us,u . 1,i WHOL ·, DH '" """' BY ANY O I H"
SL Ksur, OH ,o, AN, u I H LH eHO JL'- ' ""
'.l l<UCflJME, WITHOU I THE Pl<IOH EWhCSS
WH ITTCN [ONS CNT or GOU'I IS me, N[ rn 1r, c
CO NSUL- ,~ ,, ,; rw u r
D 2017 GOUYIS ENGINEERING CONSUL TING
GROUP INC. - ALL RIGHTS RESERVED
PRO JEC T:
CATANA PDP PA2
SITE LIGHTING
NOT FOR BID OR
CONSTRUCTION
DEVELOPER.
McKellar McGowan
ARCHITECT·
T he McKinley Associates, Inc .
LOCAT IO N:
Rancho Mirage
CA
REV ISIONS
NO, DATE DESCRIPTIO N
SHEET NAME:
SITE LIG HTING NOT ES &
SHEET INDEX
PRO JEC T NUMBER :
66506
ENGINEER:
DRAFTER ·
SHEET NUMB ER,
l II SITE LIGHTING NOTES & SHEET INDEX II E-1 .0
CQ
CATANA
RANCHO MIRAGE, CALIFORNIA
THE MCKINLEY ASSOCIATES, INC. DAVID NEAULT ASSOCIATES, INC. HEITEC CONSUL TING TERRA NOVA PLANNING & RESEARCH MCKELLAR MCGOWAN
ARCHITECT LANDSCAPE ARCHITECT CIVIL ENGINEER CONSULTANT
REAL ESTATE DEVELOPMENT
Site
Lighting
01/26/2024
7 7-1119
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e ❖ 120 BO LLARD
SITE LIGHTING FIXTURE SCHEDULE
DESCRIPT ION MANU FAC TURER
BUILDING EX TE HIOK WALL MO U NTE D LUMTECH LIGHTING
SINGLE I-IEAD POL E LIGHT WITII SI IIELD GE LIG HT ING SOLU TIONS
AND MOT IO N SENSOR
LED BO LL l'IRD LIGH T SOLERA LIGHTING
MODEL N UM BER INPUT NOT ES
WA TT S
HE IGH T : 7'-0"
WC ED4SUD - 17'N -830 17 REFE R TO MANUFACTURE SPEC SH EET FOR MO RE D ETA IL S.
HE IGHT : 14"-0"
EALS03 _H4AH 73 □ _ H2 1<0
-ELS-EAL -FBL-8LCK REFER TO MANUFACTURE SPEC SHEE T
FOR MOR E DE TA IL S.
HE IGH T : 3'-6"
VENUS -36'11'-LED-3000K-TY5 :37 _~ REFE R T O MANUFACTURE SPEC SH EET 0 0
0 FOR MORE DETAILS.
KEYED NOTES
P ER SEC TION 150.0(K)(3) , ALL O UTDOOR S INGL E FA MILY SHAL L BE HIGH
EFFICACY, AN D SHALL BE CON TROLLED BY MANUAL ON/OFF SW ITC H AN D ONE OF THE CHO ICES BELOW.
-P HOTOCELL AND MOT ION SENSOR
-P HOTOCELL AND AU TOMAT IC TIME SWITCH
-ASTRO NOMICA L TIME CLOCK
MANUA L ON'OFF SW ITCH ES S HAL L NOT OVERR IDE THE AUTOMAT IC CO NT ROL
F U NC TI ONS LIST ED ABOV E
PER SEC TION 130.2(CJ,/I.LL OU T DOOR LIGH T ING S H/\LL BE CO NTROLLED BY
OUTDOOR PHOTOCELL (NOT REQU IRED IF TIME CLOCK DOES
ASTRONOMICAL)
2 T IME CLOCK
~- M OT IO N SENSO R F OR POLE LIGH T <= 24 ' AND LlJMINAIR E S MORE THAN 40W
OUTDOOR LIGHTING OF SINGLE FAMILY SHA LL 13E CONNEC T ED TO IND IVIDUA L DV'IE LLI NG UN IT PANE L.
CONDUIT SLEEVE KEYED NOTES
0 P ROVIDE (1) 1" CONDU IT SLE EVE UNDER ROADWAY ANO INDICAT E STU B
LOCA T ION AT G RAD E
CAL G RE EN MAX IMUM ALL OWABLE BAC KL IG HT, UPLIG HT A ND GLARE (BU G) RAT INGS (SEE NOT E A ) R,\ T1NC-; F IXTURE LOCATION LIGH TI NG ZONE
DESCR IPTIONS (M ULT IPL ES OF HEIGHT FROM PRO PERTY LINE) BLACKL IGl-lT RATING :>2 [S ITE F IXTURES)
:>1 BUT <=2 (SITE FIX TURES )
c•=U.5 BUT <=1 (S ITE FIXTURES)
,-=0 .5 STK E l:T 1\LJ J/\C l':N T (SITE FIXTUR ES) (S t:E NO T E B) ,,u.5 {SIT E f lXTUKl: S)
UPLIGH TING RAT ING FOR AREA LI GHT ING (S EE NOT ED )
FOR OTHER O UTDOOR LIGHT ING , INCL UDING DECORATIVE
G L.M'! E HATI NG "2 (DU ILDING MOUN Tl::D) (S!:I:: NOH: C) :>1 BUT <cc2 (5UILDING MOUNTED ) (SEE NOTE C}
>=0.5 BUT <=1 (BUIL DING l,10UNTED ) (SEE NOTE C)
<0.5 (BU ILDING MOUNTED) (SEE NOTE CJ
NO T E A:
NO TE B:
IESNA LIGHT IN G ZONES LZO AND LZ5 ARE NO T APPL ICAB LE.
CEN TERLIN E OF PUBLIC ROADWAY I TRANSIT LINE IS ACC EPTABL E.
LZ1 LZ2
NO LI M IT NO LIMIT
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GO G1
GO GO
GO GO
NO T E C : BUI LDING MOUNTED LUMI NAIR ES THAT CANNOT BE MOUNTE D W ITH THEIR BAC KLIGHT TO THE PROPERTY LINE
SHALL MEET THE ALLOWED GLARE RATI NG FOR AL L LUMINAIRES LIGHT FROM A B UILD ING MOUNTED
LUMINAIR E SHA LL NOT EXC EE D T HE BACK LIG HT RA TING IN THE DIRECT ION OF THE PROPER TY LINE NO T ED: G ENERAL LIGHTING LUM INA IRES IN .AREAS SU CH AS OUTDOOR PARK ING SAL ES OR STORAGE LOT S SHALL MEET THE SE REDUCED RATINGS . DE CORAT IVE LU MINAIRES LOCATED IN THESE AREAS SHALL MEET U-VALUE LIM ITS FOR ""ALL OTHER OUTDOOR LIGHTING
DIST1\NCE '
HE IGHT
RAT IO
B
A LLOWED NOA
PROPOSE D I BO
THIS SHEET
THIS ROW INDICAT ES THE FIXTURES DIST.ANC E
THIS ROW IND ICATES T HE FIXTURES MOUNT ING
f-
TO PROPERTTY LINE.
/;_
HE,GHT.
.:1u -u·· THIS ROW INDICATES THE
· - · -·· ~ DI ST ANC E-TO-H E IGHT RATIO
-'~• MO
7 ti" - l)'"
30 14
u
UQ
uu
G
G3
G1
THIS ROW IS TH E CALGREEN ALLO'NED BUG
RATI NG FOR THE DISTANCE -TO -HE IGH T RATIO.
SEE THE "C,\LGRE EN AL LO'NABLE BACK LIGHT,
UPLIGH T AND GLARE (BUG) RATI NG " TAB LE ON
THIS SHEET FOR MOR E INFOR M,\ TICJN.
IHIS ROW IS TH E PROPOS EIJ BUG RAT ING FOR
THC f lXTUR E AT TH IS LOCATION.
LZ3
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~~~ ,omu!ii,,ggrc,ip. inc I..©
15 Studebaker
Lrvine
CA 92618
Irvine
td 949.752.1612
fax 949.752.5321
Palm Springs
tel 760.323.5090
~~ ~
DATE SIGNED: 1.14124
RESTRICTIVE NOTICE
THESE GE>iGNS, ORA.WING,, A~)
SP CO FIC.~T IOri S AKE I H E EXCLUSIVE P~OPE~ I~
OfliOU'ilS E%1HEE~lri G COMSJ.TING
GROUP THEY ARE THE SUBJECTCF CO'f~IGHT
J\~ D OTHER LEG:,L PKOHCT IOrl. we·, M N/ ~E
USED ONL~ SY THEI~ l~ TENDE-J RECIPIENT AND
ONL~ fG R T HE PFUJE~T DEP IO ED HEREI ~. MO
P~RT OF THESE l>R~Vc'IMGS A•E TO BE (QPI ED
l R•N:> >~••n . HH R(WUUQ , r;o~ G~ I H~Y
~C USCU, IN WHOL ·, DH 1r, SA" I BY ANY O I H•
SLKsur, o" ,o, AN, u I HLH eHDJL'- ' Lf<
'.l l<UCflJME, WITHOU I THE Pl<IOH EWhCSS
WH ITTCN [Of!S CNT or GOU'I IS me. N[ rn 1r, c
CO NSUL - 1~,; ,; rw u P
D 2017 GOUYIS ENGINEERING CONSUL TING
GROUP IN<:. - ALL RIGHTS RESERVED
PR OJ ECT:
CATANA PDP PA2
SITE LIGHTING
NOT FOR BID OR
CONSTRUCTION
DE VELOP ER .
Mc Kel lar McGowa n
ARCHIT EC T ·
T he McKi nley Associates, Inc.
LOCATIO N:
Rancho Mirage
CA
REVIS IONS
NO. DATE DE SCR IPTION
SHEET NAM E:
S IT E LIG HT ING PLAN
PR OJEC T NU MBER:
66 506
EN G INE ER:
DRAF TER·
SHEET NUMBER.
i SITE LIGHTING PLAN II w
E-1 .1
'<l ib====================================================================================================== =" CATANA
RANCHO MIRAGE, CALIFORNIA
THE MCKINLEY ASSOCIATES, INC. DAVID NEAULT ASSOCIATES, INC. HEITEC CONSUL TING TERRA NOVA PLANNING & RESEARCH MCKELLAR MCGOWAN
ARCHITECT LANDSCAPE ARCHITECT CIVIL ENGINEER CONSULTANT
REAL ESTATE DEVELOPMENT
Site
Lighting
01/26/2024
8 7-1120
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THE MCKINLEY ASSOCIATES, INC. DAVID NEAULT ASSOCIATES, INC. HEITEC CONSUL TING
ARCHITECT LANDSCAPE ARCHITECT CIVIL ENGINEER
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Luminaire Schedule
Symbol 01y Lao"3el Arrangement De scriptio n Tag LL F Lum inaire Lumc:n~
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SA Si ngha WCED4SUD-17W-830 L ED 'Nal l Light 0.8fi0 118 4 ---{l_J 1' so Si ns I€ EALS03_ H4AH730 -ELS-EA L- L ED Pole Lig ht 1 Head 0.850 1 7200
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Lat:,al CalcType Avg Ma, Min A·:g/Min Maxi Min
DIT,ewa~ A rea llluminance 2.96 10.7 0.5 5.92 21.40
Play A1c:>1 lllu rnirwr,c:<c 1.25
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Sea ting Ar5a llluminanca 0.90 2 .0 0.2 3.00 G.G?
Se.'lt ing Area _ 1 lllumlnance 1.26
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Wslkway#1 lllu mir1<1rl<.:<: 0 .60 5 .0 0.2 3 .00 25.0 0 Walk,~ay1i10 llluminanca 2.4(1 f, 6 c.n 4.10 11.00
Walkwayli11 lllu mlnance 2.94 6.4 OS 5.88 12 .80
Ws lkway#12 llluminanc€ 1.55 6.8 04 3 .SS 17.00
W alkway #13 lllumina11c€ 1.88 5.6 G.2 9 .40 28.00
Walkw;:,y #1 4 lllumill.Jll(,€ 2. 14 5 ~ 0.4 5.35 1 ~. Iii Walkway #2 Ilium inane€ 1.46 4A 0.5 2.92 0.80
Walkway #3 llluminanc€ 3.31 5 4 06 5 .52 9.00
WJlkw;:,y J/4 llIU ll1illallC€ 1 ;14 ti .5 [) .2 i:i.70 :,2 .5Li Wa ll:.way#5 llluminance 2.70 5.8 -,.6 1.74 3.63
Walkway #6 llluminanc€ 1.67 5' 0.4 4 .18 13 .50
w~lkw~y !17 lllu ,ninancu 2.33 tu G.ti 3 .\.17 11 17
Wall:.,~av #8 llluminance 2.47 u , .2 2.06 3.0B
Walkway #9 llluminance 2.36 ,.a 0.4 5.90 17.50
Zu rm Ptuµc:rly Lmu lllumiri.Jr,Gu 0.00 00 00 N.A . NA
Zo m, Pro r.arty L in.a 2 IIILJmi,1.111<:B {l.1)0 O.ll [) _() N. A. N.A.
Zone Propert/ L ine 3 llluminance 0.00 00 00 N.A. N.A.
PHOTOMETRIC PLAN DISCLAIMER
RE SUL TS GENERATED BY Tl-US TOOL A RE PROVIDED FO R INFO R MAT IONAL PURPOSES ONL Y . WITHOUT ANY WARRANTY AS TO ACCURAC Y .
COM PLETENESS, RELIAB ILITY OR OTHER'."i.'ISE, THE CALCULATED RESULTS MAY BE DEPENDENT ON USER PROV ID ED DAT A OR DATA PROVIDED FROM PUBLICLY AVA ILABLE SOURCES AND DO NOT TAKE INTO ACCO UNT ALL FACTO RS A ND CIRC UMS TAN CES . PHOTOMETRIC VALUES HAVE BEEN CA LCULA T ED US ING METHO US RECOM ME ND ED BY THE ILLU MINA TI NG ENG INE ERING SOC IETY OF NO RTH AMERICA {I ESNA) AND/OR STANDARD Lumina.ire
\i'/>Jll~
"
1'0
37 .29
INDUSTRY PRAC TICE. PHO TOMETRIC CALCULATIONS PERFORMED USIN G THIS TOOL ARE BAS ED ON PH OTO METR IC DATA PROVIDED BY THE MAN UFACTURER. AND Tl-!E ACCU RACY OF THE CALCULATED PHO TOMET RIC PERFOR MANCE IS DEP END EN T ON THE ACCURACY OF THE DATA PROVIDED, END-USER Ei'I VIRONMENT AND APPL ICATIO N (INCLUDING , BUT i'IOT LIM ITED TO, VOLTAGE VARIA T ION AND DI RT ACCUMULATION) CAN CAUSE ACT UAL Pl-!OTOM ETRIC PERFOR MANCE TO DIFFE R FROM THE PER FO RMANCE CALCU LATED USING THE DATA PROVIDED BY THE MANU FACTURER
THIS SHEET
NORTH
0 1 O' 20' 40'
KEY PLAN ,., - I
--1/20" = 1'-0"
PHOTOMETRIC SITE PLAN
60'
I
rT'! u
~~~ ,omu!ii,,ggrc,ip. inc I..©
15 Studebaker
Lrvine
CA 92618
Irvine
td 949.752,1612
fax 949,752,5321
Palm Springs
tel 760.323.5090
~~ ~
DAT E SIG NED: 1.14124
RESTR ICTIVE NOTICE
THESE GE>iGNS, ORA.WING,, A~ )
SP CO FIC.~T IOri S AKE I H E EXCLUSIVE P~OPE~ I~
OfliOU'ilS E%1HEE~lriG COMSJ. TING
GROUP THEY ARE THE SUBJECTCF CO'f~ IGHT
A~D OTHER LEG:,L PKOHCTIOII. WC'! M /\'I ~E
USED ONL~ SY THEI~ l~TENDE-J REC IPIENT AND
ONL~ fG R T HE PFUJE~T DEP IOED HEREI~. MO
P~RT OF THESE l>R~ W IMGS A•E TO BE COPIED
l R•N:> >~••n . HH R(WUC> Q, r;o~ G~ I H~Y
~C USCU, IN WHOL ·, DH 1r, SA"I BY ANY O I H•
SL Ksur, o" ,o, AN, u I H LH eHO JL'- ' ""
'.l l<UCflJM E, WIT HOU I THE Pl<IOH EWhCSS
WR ITTCN [Of!S CNT or GOU'I IS me. N[ rn 1r, c
CO NSUL- ,~,, ,;rw uP
D 2017 GOUYIS ENGINEERING CONSLIL TING
GROUP IN<:. - ALL RIGHTS RESERVED
PRO JECT:
CATANA PDP PA2
SITE LIGHTING
NOT FOR BID OR
CONSTRUCTION
DEVELOPER .
McKellar McGowan
ARC HITECT ·
T he McK inley Assoc iates, Inc .
LOCAT IO N:
Rancho Mirage
CA
REVISIONS
NO. DATE DESCRIPTIO N
SHEET NAME:
PHOTOMETRIC SITE PLAN
PRO JE CT NUMBER :
66506
ENGINEER:
DRAFTER ·
SHEET NUMBER,
E-1 .2
TERRA NOVA PLANNING & RESEARCH MCKELLAR MCGOWAN
CONSULTANT
REAL ESTATE DEVELOPMENT
Site
Lighting
01/26/2024
9 7-1121
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CATANA
STATE OF CALIFORNIA
Outdoor Lighting CALIFORNIA ENERGI' COMMISSION
CERTIFICATI: Of COMPLIANCE NRCC-LTO-E
Projeet Name, Catan a PDP PA2 Report Page: (Page 3 0f 7] Date Prepared: 1/4/2024
F. OUTDOOR LIGHTING FIXTURE SCHEDULE
For new or altered /ight.'ng .~ystems demonstrating compliance wirh 140. 7 / 170.2{e)fi al/ new luminaires being installed and any e.:isting luminaires remaining or being moved within the spaces covered by the ~rmit application are inc/iJded In the Tab/I': be/aw. FQraltered li{lhting systi?ms usin(I the Existing PoWl"r method per 141.0{b/2L only new Juminalres beino7 installed and replacement lvmlrwfres being Installed as part ofrhe project scope are Included (le, existing /um/noires remaining or ex/stln9 /um/noires being moved are not Included}.
Outdoor lighting ,mached ro multifamily buildings and controlled from the inside of a dwelling unit ore included in Tobie H, and are not Included here. All other multifamily outdoor lighting is included here.
Designed Wattage:
01 02 03 04 05 06 07 08 09 10
Cutoff Rcq > Field
N~me or Item I Watts per I How is I Total Number I Lum inai re I
Excluded per I 16,2 00 initial Inspector
Tag
Comp lete Lurninaire Oe:;cription . . Watt;ige
St Jtus 3 140.7(a)/ Design Watts lr1men output
lumin.J1re1•' dct:crm ined Lumin ;:iires 2
170.2(c)6A B 0. 2(b) / I Pass I Fail
SA I SA 17W LED Wall Light ID Linear I 17 I Mfr. Spe,;: I SB I SB 140W LED Pole Light ID Linear I 140 I Mfr. Spec I SD I SD 37.3W LED Bollard Light ID Linear I 37 .3 I Mfr. Spec I 4 NOTES: Selections with a • require a note in the space belov,,• explaining how compliance is achieved.
EX. tum/noire is lighting a .<rutue; EXCEPTION Z to l30.2{b) 32 I New I □
14 I New I □
12 I New □
Tot al Design Watts:
"FOOTNOTES: AL·thorit:y Hoving Juri!diction may oskfor Luminaire rut sheets to confirm wattage used for compliance-per 130.0{c} /160.S(b) 160.S(c)1i
544 I
NA: < 6200
I □ I □ lumens
1,960 I
NA:< 6200
I D I D lumens
447 .6 NA: < 6200 I
lumen s D I D
2952
2 For /irieor lu,rlinaires, wol/ogc, siwuld Im indit:olc>d as W/lf it,s/l~,d of WoJls/lumirmire. Ta/a/ liflf'or {l'!et s!wu!d be fndiwted ;,, wl,mm as i<Jsle!ld ufr,um/.Jer o(lumi,.,,/r es. i Select "New" for new /um/noires In a new outdoor I/r,ht/ng project, orfarcdded /umlnalres In on olterarlon. Select "Altered"forreplacement /um/noires In an o,'terarlon. Select "Existing to Remc!n" for existing /um/noires within tlie project scope tho! are not beinq altered ami are remaining, Select "Existing Reinstalled" for exinin11 /umim,ires which are being removed and reinstalled as part of the project scope.
~ CamplioMe with mar.datory shielding requirements is re~uired for /uminaires with initial lumen output;;,~ 6,200 unless C'Xcmpted by 130.2(b!/ 160.5/c) G. SHIELDING REQUIREMENTS {BUG)
!This Sl·ction does not apply to !/,is project.
C/1 BuJldins Energy Efficiency Standards - 2022 N □ nres l dential Compliance .>TATE OF D\LIFaRNIA
Outdoor Lighting
CERTIFICATE Of COMPLIANCE
Pr,:,ject Name: Catana PDP PAZ
M. LIGHTING ALLOWANCE : PER SPECIFIC AREA
[This section does not apply to this project.
N. EXISTING CONDITIONS POW ER ALLOWANCE (alterat ians anly) I This section daes not apply to this projecr.
0 . DECLARATION OF REQUIRED CERTIFICATES OF INSTALLATION Generated Date/Time:
Report ve1sion: 2022.0.000
Sdoem~ Veroim1: rev 20l2010 1
Report Page:
D.ate Prepared:
Do::umentation Software : EnergvJ'ro
Compliance ID: EnergyPrn-3D213-0124· □ 863
Re purl Gcner-;_,l ed: 2024-01·03 21;19:30
CALIFORNIA ENERGY COMMISSION
NRCC-LTO· E
! Page 6 of7]
1/4/202 4
!Selections have been mode based on Information provided i11 this document . if any selection has been changl'd by permit applicant, an explanatioi1 should be included in Table E. !Additional Remm-f<s. These dawments must be prnvirled to the building in.spectnr during r,nnsrrna;on onrl cm, be fnrmd on line Form/Tit le
NRCI-LTO·E - Mu.st be submitted for all buiklings
P. DECLARATION OF REQUIRED CERTIFICATES OF ACCEPTANCE
:selections hove been mode bo:;ed on information provided in this document. if any selection hos been chongl'd by permit applicant, on e!lp/anotion should be included in Tobie E. ;Additicmol Rl·mork5. These documents must be provided to the bwldrng mspector dL·ring cans/ruction and must be completer/ through on Accept once Test Technician Certification Provider (ATT"CP). For mare information visit: http:/ /www.t.>nergy.ca.gov/ti!le24/attcp/pravid<:rs. html Form/Title
NRCA-LT0-02-A- Must be submitted for all ouldoor ligh ting contro ls except for altera tions where cantro ls are added lo <= 20 lumin aires.
CA Building Energy Efficiencv Standards - 2022 Nonresidential Compliance Generated Date/Time·
Reporc Version: 2022.0.000
Schema Version: rev 20220101
Systems/Spaces To Be Field
Ver ifi ed
Dri~ew.iy, Walkways;
D ri~cway, Wil lkways;
Documentat ion Software: En<.'rg\lf'ro
Compliance ID: Energyi'ra-302B·0124·0S63
Repon Generated: 2024-01·03 21:19:30
RANCHO MIRAGE, CALIFORNIA
STATE OF CALIFORNIA
Outdoor Lighting CALIFORNIA ENERGY COMMISS ION
CERTIFICATE Of COMPLIANCE NRCC-LTO•E
Projeet Name: C2tana PDP PA2 Report Page: {Page 2 of 7) Date Prepared: 1/4/2024 1
C. COMPLIANCE RESULTS
Results in this toblr:: arc automatico//y co/culaterl from dota iriput ant/ calwlatiom in Tables F through I'/. Note: ff ally rel/ 0/1 this tablr:: says "COMPLIES with Elr.ceptionol Conditions" rr::fr::r to Tablr:: D. Exceptiom.il Co11ditions for guidance or see applicable Table referenced below.
Calculations of Tota l Allowed Lighting Power {Watts] 140.7 / 170.2(eJ6 or 141.0{b)2L / 180.2(b)4Bv D1 □ 2 03 04 OS 06
Gener~! Pee Per Specific Existing
HardscJpe S.Jlcs Ornamen t al Power
Allow.ince + Appl ication + FrontJge + 140.7(d)2 / + Area OR Allow<1nce :140.7(d)1 / 140.7{d)2/ 140.7(d)2 170.2(e)6 140 .7(d)2./ 141.0(b)ZL/ 170.2 Ie)G
170.2(e]6
(See Table K) (See Table L)
170.2(e)6
180.2(b )~ Bv
(See Table I)
(See T~ble J) /See Table M}
(See Table N)
3,008 + -- + + -- + OR
Shielding Compliance (See Table G for Detail s)
Control:. Complianc e (See Tabl e H for Details]
D. EXCEPTIONAL CONDITIONS
□ 7
Total Allowed
jW;iru)
3,008
Complfance Results
'
'
□8
Tota l Actual
(W~rt.~)
2,952
09 07 must be:,.,. OS
COMPLIES
N/AI
COMPLIES!
This table is O!ltO·filled with uneditallle comments because of selections =de or data entered in tables throughout the form.
E. ADDITIONAL REMARKS
This table includes remarks mode by rhe permit applicant to the Authority Having Jurisciiction.
Generated Date/Time: Documentation Software: EnergyPro
CA llu lldlns Energy Efficiency SBndards - 2022 Nonresident ial Compliance Report version: 2021.0.00 □ Sche,-11~ Vcr.;iur,; rev 2022010]
Compliance ID: EnergyPro-30213-0124·0863
Report Gen~r~lcd: 2024-01·03 21:19:30
STATE OF CALIFORNIA
Outdoor Lighting
CERTIFICATE OF COMPLIANCE
Project Name: Catana PDP PA2
I. LIGHTING POWER ALLOWANCE (per 140.7 / 170.2je)I
This labk includes orr:as using allowance co/culolions per 14U.7 I l70 .2(c). General Hordsrnpe Allowonce is per Table 141). 7-A/Toble 170.2-R while "Use it or lose it" Allowances are per Table 140. 7·8 /Table 170.2·5. l11d1rnte whr,h allowances are being used to expand sections far user input. Luminoires tliat qrmlify jar one of the "Use ;tor la~e it" al/owant:es shall not qualify for onother "Use it or /o~e it" ol/owance.
Outdoor 1/ghr;ng attached to multifamily bulldlnr;s and controlled from the Inside of a dwelling unit are included In Table H. and are not included here, All other multifamlfy outdoor fighting is included here.
Report Page:
Date Pn,parnd:
!2l General
Hardscapc
Allow.Jrxe
Table I (be low]
Calculated Gener<1I Hardswp e lightinE P<;,wer Allowance per Table 140.7-A for Nonresidential & Hotel/Mot<cl 02 Area Descript ion
Automo tive HanJscape
Pedestrian Hardscape
J. LIGHTING ALLOWANCE: PER APPLICATION
This section does r1ot opply to this project.
K. LIGHT ING ALLOWANCE : SALES FRONTAGE
This section does not apply to this project.
L. LIGHTING ALLOWANCE: ORNAMENTAL
This section daes not npp/y to this project .
U3IU4IU5
Area Wattagf' Allowance (AWA)
Illumi nated Area
(ft 1)
55376
8718
Allowed Density
(W/ft 1 1
U.D21
0.021
Area Allowance
(Watts)
116 2.9
183 .1
Gen~rated Date/Time:
CALI FOR.NIA ENER.GY COMMISSION
NRCC-lTO-E
{Page S of 7)
1/4/2024 1
01 "U se it or lose it" Allowance (select all th;it apply ) (select all that app ly) D Per
Applieotion
Table J
D Sales Frontage I D Ornamental
Table K Table L
06 07 08
li near Wattage Allowance (LWA)
Peri meter Length
[If)
3429
3632
Al lowed Density
(W/lf)
0.2 0.2
Linear Allowance
(Watts)
685.:::
726 .4
Initial Wattage AllowanCE! for Entire Site (W.rtts) :
Instances of Initial Wattage Allowance {LZ O only) 1
Total Gene ral Hardscape Allowance (W.rtts) :
0 Per Speci fic
Ac~
Table M
09 Tota l General
AWA + LWA
(Watts)
1'!49
909
250
3D08
Documentation Software: EnergyPro
CA Building Energy Efficiency Standards - 2022 Nonresidential Compliance Report Version: 2022.0.000 Sch!!ema Version: re•1 20220101
Complianc:e 10: Energyl'ro-30213-0124-0863
Repon: Generated: 1024-01-03 21 :19:30
THE MCKINLEY ASSOCIATES, INC. DAVID NEAULT ASSOCIATES, INC. HEITEC CONSUL TING
ARCHITECT LANDSCAPE ARCHITECT CIVIL ENGINEER
STATE OF c:AllfORNIA
Outdoor Lighting CALIFORNIA ENERGY COMMISSION
CERTIFICATE OF COMPLIANCE NRCC-LTO-E
Thi5 dowmenr is used to demonstrate campliance with requirements in 110.9, 130.0, 130.2, 140. 7, and 141.0(b)2Lfor outdoor lightin{! scopes using the prescriptive path for rwnresidential and hotl'l/matel occupancies. It Is also used to document compliance wit~ requirements in 160.5, 170.2(e}6, 180.1(a) and 180.2/b}I/Bv far outdoor lighting scapes using the prescrlptive path for multifamily and mixed-use 0<.cupandes. Multifamily includes dormitory and senior llvlnr;jacilltles.
Project Name: Cal an a PDP P/12 Re~nt Pace: {Pace 1 of 7) Project Addn,ss: Rancho Mira~e, CAIDate Prep;ire d: 1/4/2024 A. GENERAL INFORMATION
0 1 I Proj ect Loeot ion (cily) ~ancho Mi rage, CA
02 ICIJmate Zone I"
04 !Tota l Illu minated Hardscape Area (lt2) 1540'J4
03 IDut duur Lighti11g Zone per Title 24 Part 1 10 .114 or as designated by Aulhori\y Having Jurisd iction (AHJ):
D ILZ-0: Very Low- und~eloped Parkland I O ltZ-2: Moderate - Urban Clust ers I D ILZ-4 High• Must be r~iewed by CA Energy Commission for Approval D ]LZ-1: Low - Rural Areas ~LZ-3: Moderately High - Urban Areas 05 IOccupilncyTypes within Project
• All other Oc~up.inc ie~
B. PROJECT SCOPE
This toble irtcfudes outdoor IJ9htin9 systems that ore within the scope of the permit application and are demonstrating compliance 11sing the prescriptive pot/J 011t/ined in 140.7 / 170.2{e)5 or 141.0(1J}2L/ 180.2(b}48\/ for alterations.
My Project Con sist s of:
"
0,
"
New Light ing System Must Comp ly with Allowances from 140.7 / 170.2(e)6 D Altered l ighting System Is your alterilt ion inc reasing the connected lighting load (Watts)? 0 Ye, 0 No 03 04 OS
% at Existing Luminaires Being Altered t Sum Total of Luminaires Being Added or Altered Calculation Method □ c 10% □ ,,= 10% and c 50% □ ,,= 50%
Please procud to Table F. Outdoor light ing Fixture Schedule ta d!fine the praj ,11:t's lumino ires. 1 FOOTNOTES: % of Existinr; Luminoires Being Altered= (Sum Total of Luminaires &>lrtg Added or Altered I Existinr; Lwninaires wirnln the Scope of the Permit Application) x 100.
CA Building £nerg~ Efflcienc;· Standards· 2022 Nonresldenti.il Compliance STATE Of OILI FORNIA
Outdoor Lighting
CERTIFICATE OF COMPLIANCE
Pr,:,ject Name: Catan a rop PA2
H. OUTDOOR LIGHTING CONTROLS
Generated Date/Time:
Report \lersion: 2022.0.000
Scherm Version: rev 20l20101
Re~rt Page:
Date PreFJ'lred:
Documentation Software, EnergyPro
Compli.ince ID: EnergyPro-302B-0 124-0fl63
Reporl Generated: 2024-{lHB 21:19:30
CALI FOR.NIA ENERGY COMMISS ION
NRCC-LTO-E
{Page 4 of 7)
1/4/2024 1
This table demonstrates compl1once with controls rr:quiwments for all new or altered /uminolres irtslo//,:d as port of the perm ii opplirntion . For olteration projects, luminoir£ •s which are existing to remain {ie ,.mtouched) ond luminaires which are removed and reinstalled {winnr;i only) do not need to be included in this toble even if the~ are 1•1it/Jin tlie 5poces covered by the pem1it app/irntion.
Outdoor liqhtin_q for nonresidential buildinris, parking qr,ra_ges and common service areas in multifomjly buildings must be documented sepamtely from o~tdoor lighting attached to mult~~mily buildings and controlled from the inside afa dwelling unit Manda tor, Controls for Nonresidential Occupancies , Parking Garages Ki. Common Areas in Multifamily Buildings 01 02 03 °'
Area Descript ion Shut-ot f Auto-Schedu le Mot ion Sensor 130.2(c)l / 160.S(c) 130.2(c)2 / 160.S(c) 130.2(c)3 / 160.5(c) Dr i11eway, Walkways Photocontrol Provided Provide r!
Dr iveway, Walkways Astronomical Time r Provided Prov ided "FOOTNOTE: Text hos been abbrevioied. please refer :o Table 160.S·A to amfirm compliance with the specific li11hr source technolo~ies lined. 1Authoriry having Jurisdiction may oskfercL'tsheet5 or other documentation to confirm romp/ianr:e of light sourer. 3Recessed /umlr1oires mnrkedfor use infire-ro !ed lnstollotion 5, and ,eces:;wJ /11m.'nolres Ins/a/led I" non·lns,./ate,i re j/ings ore excepted from;; nlld /jj_ CA Building Energy Effic iencv Standards - 2022 Nonresidential Compliance $"[1l.TE Of CA LI FORNIA
Outdoor Lighting
CERTIFICATE OF COMPUANCE
Project Name: Catan a PD? PA2
Project Addre ss:
DOCUMENTATION AUTHOR'S DECLARATION STATEMENT
Generated Date/Time:
Report Version: 2022.0.000
Schema Version: re~ 20220101
Re~rt Page:
Rancho Mira@e. CAIDat e Prep;i red:
05 Field Inspector
Pa,, Filil
D □
D D
Docvmentati on Soltware: Ener,:yPra
Compliance ID: EnergyPro-30213-0124-0863
Report Generated: 2024-01·03 21:19:30
CALIFORNIA ENERGY COMMISSION
NRCC-LTO-E
{Page 7 of 7)
1/4/20 241
I certify that this Certificate af Compliance documentation is accurate and compl et e . / I/ (/ i btc_::;5\ z/_/(__ __ / Do<umenlaLiolli\ulhllr Narn~· Docurnerilatiull Authur Sij:r,atu,~:
Compan1·: Sisn~turc Date:
Goul' is Engineering Consu lting Group, Inc. 2024-01·04 Acldrf$S: CEA/ 1-lEfiS CenlflcMl~n i:l.,ntllicatlon (If applicable]· City/StatefZ;p, Phone:
RESPONSIBLE PERSON'S DECLARATION STATEMENT
I c<e,1lfl/ the follo,vln~ under p~.iahv of perjury, under tr>e law; of the State of Callfomla: