JUSTIFICATION OR INFORMATION CONTINUED:
2 br or more: 2 covered for each unit
and 1 off-street guest space for 2
units
Parking Design
Standards
Standard Driveway (2 -way) width:
24 feet
Standard Stall: 9 feet x 18 feet
Parallel Stall: 9 feet x 26 feet (4 feet
space every 2 stalls)
Complies
Minimum Area for
Apartments in R -H
1 br: 850 square feet
2 br: 900 square feet
3 br: 1000 square feet
4 br: 1,200 square feet
1 br: 616 to 647 square feet
2 br: 866 square feet
3 br: 1,175 square feet
4 br: 1,300 square feet
Bicycle Parking
Short Term Bicycle Parking: 5% of
motorized vehicle parking
Long Term Bicycle Parking: 5% of
motorized vehicle parking
Short Term Bicycle Parking= 19 bikes
Long Term Bicycle Parking= 19 bikes
DU/AC = dwelling units per acre
br = bedroom
PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP24-0002
Access and Circulation
There are two proposed entrances off of Via Vail. They are proposed at the northwest and southeast corners of the site, and eventually will be able to access the southerly extension of this street. All interior driveways met a minimum width of 24 feet and provide a minimum of a 38 - foot turning radius as required for a fire apparatus. The design of the access points and interior driveway has been reviewed by the Fire Department as well as the City Engineer to assure adequate sight lines and turning movements.
Parking
Parking will be provided onsite and will consist of 205 garage spaces, 102 open parking spaces with 64 carport spaces, for a total of 372 parking spaces.
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. The City's Affordable Housing Overlay also allows for staff and the City Council to consider deviations from standard development requirements in order to facilitate affordable housing. Staff has reviewed the requested reduction in parking and finds it to be appropriate for the proposed project.
Covered Parking
The Rancho Mirage Municipal Code (RMMC) Section 17.26.070 requires a minimum of 25% of the provided parking to be shaded. The applicant proposed carport structures to cover sixty-four (64) spaces, which results in approximately 41 % covered parking spaces, excluding garage spaces. The proposed carport structures will have a maximum height of 16 feet. Per Condition Planning Commission Staff Report 1 yEOgEM#
DATE: June 27, 2024
EA24-0005 & PDP24-0002 Page 7 of 34
JUSTIFICATION OR INFORMATION CONTINUED:
of Approval #24, the applicant shall submit plans for the proposed carports as part of the FDP submittal.
ADA Parking
Pursuant to Section 17.26.060 of the RMCC, a proposed project of 301-400 parking spaces shall provide a minimum of eight (8) ADA parking spaces. The applicant proposes thirteen (13) ADA parking spaces within the project area, which will exceed the requirement by five (5) spaces.
Electric Vehicle Charging Stations
Pursuant to Section 17.26.030 of the RMMC, all new construction projects requiring discretionary action shall provide a defined amount of electric vehicle charging stations. For projects that have 201 and over parking spaces, a minimum of three (3) charging spaces are required. The project proposes up to 32 parking spaces that can be electric vehicle charging stations.
Drainage & Grading - Pages 31-34
The subject site falls approximately 16 -feet from the southwest, to northeast of the project site.
At its northern boundary, the development site will be approximately 17 -feet above the Monterey Marketplace. The developer will be responsible for its portion of public improvements, including the retaining walls necessary to stabilize this building site. On -site drainage is proposed to be captured in one landscaped retention basin. The retention basin will be landscaped with desert - appropriate plantings and will be located at the southernmost portion of the site. The project is required to retain the "incremental increase" in stormwater from the site caused by project development and has been conditioned to do so. The project will be required to submit a final grading and drainage plan to the Public Works Department for plan check and approval.
Site Plan - Page 8 (A-7)
The project proposed fifteen (15) two-story residential buildings with tuck -under parking, a total of 236 apartment style units, a clubhouse building, outdoor recreational spaces including a swimming pool and playground, and onsite parking are planned. All of the dwelling units except the manager's unit are designated for affordable housing. Of the 236 dwelling units, 100 units will be one -bedroom apartments, 62 will be two -bedroom apartments, and 74 will be three - bedroom apartments. A maximum of two occupants per one -bedroom unit, four occupants per two -bedroom unit, and six occupants per three -bedroom unit will be allowed. The project will have a density capacity of approximately 24 DU/AC which is above the allowed 9 DU/AC for a R -H land use but below the AHO maximum density, which is <_28 DU/AC.
Open Space
Outdoor recreational spaces including a swimming pool, lounge, picnic table area, and playground will be located within the Club House vicinity in the west portion of the site. The pool will include an outdoor shower and pool equipment shed located to the southwest. The picnic tables will be located east of the pool and lounge areas will surround the pool. The playground will be located north of the swimming pool and will be designed for children below the age of 12.
These outdoor recreational spaces will be accessible via sidewalk and driveway.
Planning Commission Staff Report 1 yEO6EM#
DATE: June 27, 2024
EA24-0005 & PDP24-0002 Page 8 of 34
JUSTIFICATION OR INFORMATION CONTINUED:
Setbacks
All proposed buildings within the project site have been deemed to be appropriate for the project site in accordance with the AHO.
Lot Coverage
Lot coverage is proposed at 38%, for 167,067 square feet of the total building footprint to be considered by AHO. Staff finds the proposed lot coverage to be appropriate for the project site and proposed affordable development.
Project Design
The architectural design concept for the project embraces the character and design elements of the desert modern architectural style inspired by minimalism and geometric. The apartment buildings will be placed along the western, southern, and part of the northern boundary, reaching a maximum height of approximately 29 feet. The buildings will consist of natural materials, such as stone and porcelain veneer, and warm earth tones which will complement the native desert landscape and surrounding mountain views. The project proposes five building types, A, B, C, D, and E.
The unit mix will be:
• One -bedroom one -bath for 100 units
• Two -bedroom one -bath for 62 units
• Three -bedroom two -bath for 74 units
Each unit will have a private patio or balcony. The table below shows the building plan types and square footage breakdowns:
1 BR/
1 BA
2 BR/
1 BA
3 BR/
2 BA
Total
per
Bldg.
1st Floor
Living Area
(SF)
2nd Floor
Living
(ASF)
Garage and
Mech
(SF)
Total Building
Footprint*
(SF)
Al
B1
Cl
1-B
15 3
0 18
6,303
9,630
4,237
10,540
2-D
0 4
10 14
7,280
9,184
2,059
9,339
3-A
0 4
8 12
5,106
8,731
4,141
9,247
4-A
0 4
8 12
5,106
8,731
4,141
9,247
5-B
15 3
0 18
6,303
9,630
4,237
10,540
6-C
0 9
10 19
8,425
13,268
4,947
13,372
7-C
0 9
10 19
8,425
13,268
4,947
13,372
8-B
15 3
0 18
6,303
9,630
4,237
10,540
9-B
15 3
0 18
6,303
9,630
4,237
10,540
10-E
5 3
6 14
6,306
10,546
4,487
10,793
11-E
5 3
6 14
6,306
10,546
4,487
10,793
12-B
15 3
0 18
6,303
9,630
4,237
10,540
13-B
15 3
0 18
6,303
9,630
4,237
10,540
14-A
0 4
8 12
5,106
8,731
4,141
9,247
15-A
0 4
8 12
5,106
8,731
4,141
9,247
Total
100
62 74
236
*Includes 1st Floor Living Area, Garage, and Mech SF
42%
26%
31%
100%
Planning Commission Staff Report
1 �GEg,4 t5EM#
DATE: June 27, 2024
EA24-0005 & PDP24-0002 Page 9 of 34
JUSTIFICATION OR INFORMATION CONTINUED:
Floor Plans - Pages 10, 13, 16, 19, 22 (A-10, A-13, A-16, A-19, A-22) The Building A Plan Type is proposed for four (4) buildings with the unit mix being four (4) two - bedroom one -bath units and eight (8) three -bedroom two -bath units. Building B Plan Type is the most prolific and proposed for five (5) buildings with the unit mix will be fifteen (15) one -bedroom one -bath units and three (3) two -bedroom one -bath units. The Building C Plan Type is proposed for two (2) buildings and is the largest building type. The unit mix will be nine (9) two -bedroom one -bath units and ten (10) three -bedroom two -bath units. The Building D Plan Type is proposed for four (4) buildings with the unit mix being four (4) two -bedroom one -bath units and eight (8) three -bedroom two -bath units. Building E Plan Type is proposed for two (2) buildings with a unit mix of five (5) one -bedroom one -bath units, three (3) two -bedroom one -bath units, and six (6) three -bedroom two -bath units. All shared hallways will remain unairconditioned. Although no elevators are proposed, all ground -level units are ADA-compliant.
Roof Plans — Pages 11, 14, 17, 20, 23 (A-11, A-14, A-17, A-20, A-23) The proposed roof plan shows parapet heights ranging from 3-6 feet in height. These parapets will conceal the proposed roof -mounted HVAC units. Per Condition of Approval #26, as part of the FDP submittal, building drainage must be shown in the construction documents. Internal drainage is preferred, if it is not feasible justification must be provided and the wall material must be able to accommodate any potential water run-off.
Elevations — Pages 12, 15, 18, 21, 24 (A-12, A-15, A-18, A-21, A-24) The architectural style is best described as desert modern. All fifteen apartment buildings are two stories with the maximum building height for the apartment buildings being 28 feet 8 inches.
The building design is geometric with sleek lines and varying facades that help break up the massing. Solar control is provided by recessed windows and deep overhangs. The applicant proposes two color and material boards. The proposed color scheme is a blend of desert tones with Sherwin William paint selections. All buildings propose a tone -tone scored stucco (Extra White and Analytical Gray) as the main exterior material with a variety of primary and accent colors like Amber, Sable, Mocha, and Aurora Brown to name a few. The buildings utilize a variety of design features like metal railing along balconies, wooden frames awning pop -outs, porcelain wood tile, stone veneer, and other design elements that help break up the massing from the two- story units. All garage doors are either a Sable, Mink, Cobble Brown, or Iron Ore color.
Club House - Pages 26 & 27 (A-26 & A-27)
The Club House is designed to be a communal space with amenities including a laundry room, mail/parcel room, fitness room, clubroom, leasing space, and two office spaces located and accessible to residents only. The Club House will reach a maximum height of 21 feet. The architecture and materials will match the overall complex. The pool/spa and tot lot are located within the Club House area.
Landscaping — Pages 36-37 (L-1, L-2, & L-3)
Drought -tolerant trees, shrubs and accents will be utilized to both enhance the affordable apartment complex as well as complement the desert environment. The development will be richly planted. Drought -tolerant trees, shrubs and accents will be utilized to both enhance the development as well as complement the desert environment. The tree selection includes Palo Planning Commission Staff Report 1 TE,4 /fEM#
DATE: June 27, 2024
EA24-0005 & PDP24-0002 Page 10 of 34
JUSTIFICATION OR INFORMATION CONTINUED:
Verde, Mulga, and rosewood. Shrubs proposed include a combination of fairy duster, Texas ranger, and variegated smooth agave to name a few. The planting proposed are all in 5 -gallon sizes. In addition, approximately 3,755 square feet of drought -tolerant hybrid Bermuda grass will be added to the open common area as an active recreation feature. Groundcovers will consist of Desert Gold Decomposed Granite and "Jesse Gold" crushed rock in various sizes (e.g., 1/2' ',
1.5", and 2-4"). As per the Section 30 Design Guidelines, a meandering sidewalk will border the subject site along Via Vail.
Photometric Plans & Lighting Specifications — Pages 39-41 Photometric plans have been included in the Exhibit Booklet on pages 39-41 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. . Lighting is required to comply with RMMC Section 17.18.050 which mandates the exterior use of light to be focused downward by a shield.
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.
ARCHITECTURAL REVIEW WORKING GROUP (ARWG)
On May 28, 2024, the proposed project was presented to the Architectural Review Working Group (ARWG). Staff provided an overview of the project and opened the discussion. The ARWG raised questions related to solar/wind control, wall and pedestrian gate details, building drainage, and final material selection. The applicant's team provided answers to the ARWG's questions. Conditions of Approval #22-26 have been added to ensure the project addresses the concerns raised by the ARWG and are reviewed by staff as part of the Final Development Plan and prior to building permit issuance.
FINAL DEVELOPMENT PLAN (FDP)
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 approval along with final sets of construction, grading, lighting and landscaping plans.
Any revisions that are in substantial compliance with the original project, and do not trigger the need for additional environmental analysis, can likely be reviewed at the staff level through either the 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.
ENVIRONMENTAL ASSESSMENT CASE NO. EA24-0005
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 and Cultural & Tribal Cultural Resources.
A Notice of Determination will be filed with the Riverside County Clerk once a final determination Planning Commission Staff Report 1 TE,4EM#
DATE: June 27, 2024
EA24-0005 & PDP24-0002 Page 11 of 34
JUSTIFICATION OR INFORMATION CONTINUED:
has been made by the City Council. The complete Initial Study, along with the Mitigation Monitoring 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 June 12, 2024, to July 14, 2024. A Notice of Intent to Adopt a Mitigated Negative Declaration was published in the Desert Sun on June 9, 2024, and distributed to interested parties.
AB 52 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.
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 consultation requirements, the City of Rancho Mirage initiated AB52 consultation process. The City contacted 16 tribes and representatives provided by the NAHC.
Pursuant to AB 52 requirements, the City of Rancho Mirage initiated a consultation process for a 30 -day period from April 24, 2024, to May 24, 2024. The City received two responses to these letters. The first, submitted by the Augustine Band of Cahuilla Indians, indicated that they did not have resources in the area, but requested that they be provided information should resources be found on the site. They declined consultation. The second letter received was from the Agua Caliente Band of Cahuilla Indians (ACBCI), requesting consultation and copies of the cultural resource study and site records, that were provided to the Tribe. The City met with the ACBCI on June 1, 2024, and the ACBCI requested the addition of three mitigation measures related to the presence of archaeological and ACBCI Tribal monitors to ensure that no buried resources are impacted by project earth moving activities as well as the implementation of California Health and Safety Code Section 7050.5 and the CEQA Guidelines Section 15064.5 related to the unexpected event human remains are uncovered during construction activities.
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 Planning Commission Staff Report 1 TE,4 fEM#
DATE: June 27, 2024
EA24-0005 & PDP24-0002 Page 12 of 34
JUSTIFICATION OR INFORMATION CONTINUED:
of general circulation and in public places. The subject notice was published in The Desert Sun on Sunday, June 16, 2024. The notice was also posted at City Hall, The Rancho Mirage Library & Observatory, and on the City's website on June 12, 2024.
Planning Commission Staff Report 1 GEg06EEM#
DATE: June 27, 2024
EA24-0005 & PDP24-0002 Page 13 of 34
JUSTIFICATION OR INFORMATION CONTINUED:
CONDITION OF APPROVAL #3a HAS BEEN ADDED
CONDITIONS OF APPROVAL:
Special conditions (or portions thereof) are designated by bold.
GENERAL FOR EA24-0005 & PDP24-0002
1. All improvements shall conform to the provisions of the Rancho Mirage Municipal Code (RMMC), unless specifically modified by any of the following conditions.
2. Development of the Subject Property shall require the appropriate entitlement process as determined by the Planning Division.
3. This approval shall be effective for two (2) years from the date of the City Council approval, except as may be set forth in the related Disposition and Development Agreement. Building and Engineering Permits are required to be obtained by the applicant within two years of the project approval, except as may be set forth in the Disposition and Development Agreement. If no permits have been obtained, the application will expire and become null and void.
3a. The Development Services Director may grant deviations from the timing of requirements listed in the Conditions of Approval, including but not limited to pad certifications and compaction reports, as long as all requirements in the related Disposition and Development Agreement (DDA) are met.
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. EA24- 0005 & PDP24-0002 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, 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 Planning Commission Staff Report
1 T-STr#
DATE: June 27, 2024
EA24-0005 & PDP24-0002 Page 14 of 34
JUSTIFICATION OR INFORMATION CONTINUED:
exhibits contained in Case Nos. EA24-0005 & PDP24-0002 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 PDP exhibit as attached to this staff report.
PRELIMINARY DEVELOPMENT CASE NO. PDP24-0002:
FINAL DEVELOPMENT PLAN REQUIRED
8. 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.
A) As part of the FDP application submittal, the applicant shall submit a letter of approval from the City's contracted waste hauler, Burrtec, for the trash bin enclosures design. Said enclosures shall be designed to accommodate trash, recycle, and organic waste receptacles as required by State law.
9. The Director shall consider the FDP permit application. The Director may approve a FDP permit if it substantially conforms to the Preliminary Development Plan, and associated Conditions of Approval.
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 terms of the Disposition and Development Agreement. The Development Services Director may consider minor modifications to an approved Preliminary/Final Development Plan.
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 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 Planning Commission Staff Report 1 TE,4 6EM#
DATE: June 27, 2024
EA24-0005 & PDP24-0002 Page 15 of 34
JUSTIFICATION OR INFORMATION CONTINUED:
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 -candlelight 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.AII 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.
Planning Commission Staff Report
1 T -ST 74"
DATE: June 27, 2024
EA24-0005 & PDP24-0002 Page 16 of 34
JUSTIFICATION OR INFORMATION CONTINUED:
A. Vegetation with spikes that may be harmful to pedestrians shall be a minimum of three (3) feet away from walkways.
20.The mitigation measures contained in the Mitigated Negative Declaration (SCH Number 2024060305) based on Environmental Case No. EA24-0005 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.
21. The project shall be an affordable housing development and any necessary covenants shall be recorded to ensure continued affordability as described in the associated Disposition and Development Agreement, which includes but is not limited to: rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing, and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with California Government Code Section 65915(c)(2). These requirements shall be covenants or restrictions running with the land and enforceable against any owner who violates a covenant or restriction and each successor -in -interest who continues the violation.
22. Developer shall comply with all obligations, duties, requirements, and covenants listed in the associated Disposition and Development Agreement, and all representations and warranties therein shall be true and accurate in all material respects.
23. The project must meet Title 24 measures at the Final Development Plan (FDP) submittal. Solar and wind control should be reviewed by the applicant at the time of FDP submittal. Additional solar and wind features shall be studied.
24. As part of the FDP submittal, the applicant must provide plans for the proposed walls north of Via Vail.
25. As part of the FDP submittal, the applicant must provide plans for the proposed carports.
26. As part of the FDP submittal, the applicant must provide plans for the proposed pedestrian gates along the western boundary.
27.As part of the FDP submittal, the applicant shall show building drainage in the construction documents. Internal drainage is preferred, if it is not feasible justification must be provided and the wall material must be able to accommodate water run-off.
FILING FEES
Planning Commission Staff Report 1 TE,4 gEM#
DATE: June 27, 2024
EA24-0005 & PDP24-0002 Page 17 of 34
JUSTIFICATION OR INFORMATION CONTINUED:
28. 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#2024060305).
HARDSCAPE, LANDSCAPE AND SCREENING
29.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.
30. 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.
31. 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.
PLANNING DIVISION
32. 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 .
33. 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
34. The project landscape architect shall submit written verification that the landscaping and irrigation has been installed per the approved landscape plan.
35. The project approvals do not authorize any use of lands outside of the project boundaries depicted in the Preliminary Development Plan, unless authorized by the City Manage or designee.
36. Per RMMC Section 17.20.040 (E), all mechanical equipment must be screened.
Planning Commission Staff Report 1 TE,4 6EM#
DATE: June 27, 2024
EA24-0005 & PDP24-0002 Page 18 of 34
JUSTIFICATION OR INFORMATION CONTINUED:
37. The approved Preliminary Development Plan may be modified only with City approval in a manner in compliance with RMMC Section 17.68.080 Changes to an approved project.
38. The project shall be completed in accordance with the ordinances, requirements, guidelines, and other criteria in effect at the time of construction.
39. All roof vents and plumbing stacks shall be routed to the interior side and/or rear of the structure so as to not be seen from the front building elevation. All vents and stacks shall be of a color compatible with the Planning approved building color(s) and have non - reflective surfaces.
40. Landscaping, Wall, and Grading Plans shall demonstrate that all electrical transformers, utility pads, cable TV and phone boxes, and similar utility fixtures will be screened, and/or installed underground if required pursuant to RMMC Chapters 12.16 Underground Utility Lines and 17.20 General Property and Use Standards.
41 Landscaping. The plans shall be submitted as a Landscape Documentation Package in accordance with Ordinance No. 990, and as amended by Ordinance 1101. Such Plan(s) shall be consistent with the Preliminary Landscape Plan, and the applicant shall provide evidence that the landscape plan has been reviewed and approved by the Riverside County Office of the Agricultural Commissioner and the Coachella Valley Water District (CVWD) prior to requesting a final inspection. The final landscaping and irrigation plans shall incorporate the use of Evapotranspiration (ET) irrigation "smart" controllers which shall include automatic water scheduling, rain, and temperature sensors. Prior to a final inspection, the landscape contractor shall verify in writing with Planning staff that controllers have been installed, are correctly programmed, and operate with these features. More information on smart controllers can be found at www.irrigation.com .
A) The project landscape architect shall submit written verification that the landscaping and irrigation has been installed per the approved plans.
B) Vegetation with spikes that may be harmful to pedestrians shall be a minimum of three (3) feet away from walkways.
C) The Planning Division reserves the right to request additional landscaping upon final inspection if it is determined that areas are devoid of plant or ground cover material, or the execution of the landscaping plan does not comply with the FDP landscape plans.
42. Walls. Where perimeter walls are shown on the development plan they shall be designed with aesthetic relief and be of high -quality architectural design to complement adjacent developments. All top -of -wall elevations and adjacent finish grade elevations for the project perimeter and entry walls shall be subject to review and approval by the Planning Division and City Engineer. The applicant shall contact the adjacent property owners if grading outside the subdivision boundaries is required for construction of the perimeter walls. This shall be accomplished prior to issuance of any permit.
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43. Lighting. All exterior lighting shall be shown on the Final Development Plan and shall be low-level directed lighting, energy -efficient and shielded or recessed so that direct glare and reflections are confined within the boundaries of the subject site and shall be directed downward and away from adjoining properties and public right of way. Lighting shall not blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the building and shall be subject to review and approval by the Planning Division.
BUILDING AND SAFETY DIVISION
44.TUMF FEE AND DEVELOPMENT IMPACT FEES (DIF)
The applicant shall pay to the Building Division the Transportation Uniform Mitigation Fee (TUMF) in effect at the time the Building Permits are issued, unless otherwise permitted by the Coachella Valley Association of Governments (CVAG).
45. COACHELLA VALLEY WATER DISTRICT (CVWD) LETTER
Prior to occupancy, if applicable, a letter from CVWD shall be submitted stating that all the district fees have been paid and all requirements have been met for development.
The City and CVWD reserve the right to apply water conservation requirements to the project at the time of Final Development Plan approval and prior to permit issuance. Any required changes shall be reviewed ministerially by City staff and by CVWD pursuant to their adopted protocol.
46. PERMITS & CLEARANCES
The applicant shall provide evidence of permit(s) or clearance(s) from the following agencies:
• City Planning Division
• City Engineer
• City Attorney
• City Contract Specialist
• Fire Marshal
• Riverside County Department of Environmental Health
• Southern California Edison
• Coachella Valley Water District
• Burrtec
• Palm Springs Unified School District
• South Coast Air Quality Management District (SCAQMD)
PUBLIC WORKS DEPARTMENT — Prior to City Council Approval of the Final Map, the following Conditions shall be satisfied:
FORMATION AND/OR ANNEXATION TO CFD
47. Pursuant to Ordinance N°485 the applicant shall provide evidence that formation of, or annexation to a Communities Facilities District (CFD) No. 1 —Police and Fire Planning Commission Staff Report 1 TE Od /fEM#
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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.
STUDIES AND CALCULATIONS REQUIRED
48. 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.
SECTION 30 COLORED SIDEWALK
49. Plans for the required Section 30 colored sidewalk, in accordance with City standards, shall be submitted to the Planning Division and City Engineer and shall be shown on the plan. The sidewalk shall have a medium broom finish on 4" thick P.C.0 (Portland Cement Concrete). The color shall be Davis Co. "Yosemite Brown" or approved equal. Where the sidewalk or street improvement and landscape is located on private property, a public access easement shall be provided and recorded, subject to the approval of the City Engineer. The approved sidewalk shall be constructed along the project frontage and shall be maintained in perpetuity in a safe condition by the applicant.
GRADING & DRAINAGE PLAN
50.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.
STORMWATER RETENTION
51. 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, including the street frontage area. 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.
WQMP
52. 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 - Planning Commission Staff Report 1 �GEEOd EM#
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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.
On the basis of criteria C, G and H, this project will need to do a WQMP addressing the maintenance of their stormwater retention systems.
STANDARD AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS
53. 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.
STREET IMPROVEMENTS
54. 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 Planning Commission Staff Report 1 TE Od fEM#
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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.
A.) Public Streets Via Vail
i. Right-of-way along Via Vail at a width of 44 feet on each side of centerline has already been dedicated to the City of Rancho Mirage with PM27225. An easement for public access to the 6' meandering bike path shall be dedicated as needed.
ii. Curb and Gutter shall be installed along both sides of Via Vail on the project frontage and connecting to Key Largo with the curb face at a distance from centerline to be determined by the City Engineer.
Asphalt paving shall be installed along the project per City Standards. Note that Via Vail starts out with the curb near Key Largo at 32' south of centerline with no paving north of centerline. The northeast corner 35' radius curb return of Key Largo and Via Vail will need to be constructed to match the southeast corner radius. Then a transition will need to be made to the 40' curb to curb construction at a reasonable distance east of Key Largo, as determined by the City Engineer. At the southeasterly end of Via Vail a temporary asphalt 90' diameter offset cul-de-sac turn -around area per a modified Standard 400-B, shall be designed and constructed to the satisfaction of the City Engineer and the Fire Department.
iii. Plans for the required 6' meandering bike path per 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. On the north side of Via Vail. where the bike path drops down close to the existing "stub" of a driveway into the Monterey Marketplace, it shall have an ADA compatible connection made to the existing road. Where a retaining wall is proposed between Via Vail and the bike path and lower properties north of Via Vail, the top of the retaining wall will be designed with a steel security fence and/or wall extension to the satisfaction of the Planning and Engineering Departments.
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iv. The design of the entry way shall be subject to the approval of the City Engineer.
v. Until such time as an alternative public storm drain system or street surface drainage system can be completed, this project must accept the responsibility for absorbing the water from the 100 year storm street drainage along the project frontage and the tributary area upstream. At the south end of Via Vail near the temporary off -set cul-de-sac turn- around, a retention basin shall be designed and constructed on City property to intercept any stormwater flows from the south. A retention basin will also be designed and constructed on City property along the west side of the project to intercept stormwater flows from the City Dog Park and other adjacent areas uphill from the project. vi. 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.
B.) 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 11 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.
ii. 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.
iii. 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.
iv. 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.
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v. Private streets within the project shall be constructed with a minimum two- way travel way of 36 feet if parking is allowed and 24 feet if they are marked for "no parking" by red paint or signage. 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 11 aggregate base material, unless alternative paving materials are approved.
DEDICATION OF DRAINAGE EASEMENTS
55. 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.
DEDICATION OF PUBLIC UTILITY EASEMENTS
56.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.
UNDERGROUND UTILITIES REQUIRED
57.AII existing or proposed Southern California Edison, 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.
SANITARY SEWER SYSTEM
58.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.
The off -site sewer main connection to the existing sewer main within Monterey Marketplace crosses steep slopes that are stabilized by vegetation.
A landscape and erosion control plan shall be submitted to the Engineering Planning Commission Staff Report 1 TE Od 6EM#
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and Planning Departments for review to address how this sewer main route will be rehabilitated and stabilized after construction.
DOMESTIC WATER SYSTEM
59.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.
LAQMP
60 The applicant shall prepare a Local Air Quality Management Plan (LAQMP) pursuant to Ordinance N° 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.
SWPPP / NOI
61. 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.
BLOWSAND MITIGATION PLAN
62. 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.
CONSTRUCTION IMPROVEMENT AGREEMENT
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63. 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 within eighteen (18) months of project approval or City Council approval of the Final Map.
WRITTEN VERIFICATION
64. 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.
AS -BUILT PLANS
65.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.
PROPERTY CONFIGURATION
66.If processed concurrently with a PDP application, a subdivision map shall be processed and recorded. Other types of projects shall confirm that the property is already appropriately configured, or may adjust the property through Subdivision Map, Parcel Merger or Lot Line Adjustment as needed, with written authorization provided by the Planning and Engineering Divisions. In lieu of a Subdivision Map, a Record of Survey shall be done prior to project occupancy, showing monumentation of the project boundary and the street centerline.
SECURITY
67. In accordance with the request of the Rancho Mirage Police Chief, the site shall be fenced and gated for security purposes during construction. 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.
PAD CERTIFICATION
68. 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.
COMPACTION REPORT
69. 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 Planning Commission Staff Report 1 TEEOd gEM#
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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.
FIRE MARSHAL
70. Fire Apparatus Access Roads
Fire 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 fire safety features as deemed necessary by RVCFD may affect these requirements. For additional information related to residential tract development.
A) Fire 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.
71. Required Number of Fire Apparatus Access Roads:
A) 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. 1) 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:
a) 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.
2) 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. The width of fire department access roads is measured from top face of the curb to top face of the curb on streets with standard vertical curbs and gutters, and from flow line to flow line on streets with rolled, sloped, flared, or other non -vertical curb and gutter configurations. Flow line is the lowest continuous elevation on a curb. Road sections and curb details or approved city street improvement plans may be required to verify method of measurement.
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3) Parking Restrictions - Parking is not permitted on roadways that are less than 28 feet in width. Parking on one side is permitted on a roadway that is at least 28 feet but less than 36 feet in width. Parking on two sides is permitted on a roadway 36 feet or more in width.
4) Vertical Clearance - Fire access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. If trees are located adjacent to the fire access roadway, place a note on the plans stating that all vegetation overhanging the fire access roadway shall be maintained to provide a clear height of 13 feet 6 inches at all times. 6) 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. 7) Inside and Outside Turning Radii - The inside turning radius for an access road shall be 17 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.
8) Dead-end Access Roadways - Dead-end roadways in excess of 150 feet shall be designed and constructed with approved turnarounds or hammerheads. Turnarounds shall meet the turning radius requirements identified above. The minimum cul-de-sac radius is 38 feet with no parking allowed.
72. Obstructions to Emergency Vehicle Access
Existing or proposed gates and barriers crossing fire apparatus access roadways must be shown on the plans. 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:
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 12 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.
B) Turning Radii - The minimum inside turning radius is 17 feet with an outside radius of 38 feet for both the exterior and the interior approach to the gate.
C) Setbacks from the Street - Gates and barriers shall be located a minimum of 56 feet from any public roadway.
D) Setbacks from First Interior Turn - A 27 -foot minimum unobstructed setback is Planning Commission Staff Report 1 TEEO1A13EM#
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required from a gate to the first turn to allow emergency apparatus clearance.
E) Manually Operated Gate and Barrier Design - Typical gate designs may include sliding gates, swinging gates or arms, or guard posts with a chain traversing the opening.
F) Electrically Operated Gates and Barriers:
In the event of loss of power to the gate operating mechanism, it shall be manually operated without any other actions, knowledge, or manipulation of the operating mechanism being necessary and without the use of battery back-up power. If the gate cannot be opened manually, a secondary source of reliable power by means of an emergency generator or a capacitor with enough reserve to automatically, immediately, and completely open the gate upon loss of primary power shall be provided for fail -open operation. In the event of mechanical failure, gates shall remain locked in the open position until full operation has been restored.
73. Access to Structures
A) Hose pull —The hose pull distance is set at 150 feet due to a variety of factors, including standard hose lengths, weight of equipment, hydraulic properties, and accepted operational procedures.
1. Hose pull is measured along a path that simulates the route a firefighter may take to access all portions of the exterior of a structure from the nearest public road or fire lane. All obstructions such as fences, planters, vegetation, topography, parked cars, and other structures must be considered when determining whether a building is accessible from a particular location on the fire access roadway. Hose pull measurements shall begin at the edge of the roadway or fire apparatus access road.
74. Requirements for Residential Tract Developments
The following requirements apply to all new residential tract developments with one and two-family homes and multi -family projects.
A) Number of access points
1) A minimum of two vehicle access and egress points are required for any development containing 150 or more single family dwellings and/ or 200 multifamily dwelling units, or when the distance to an access point is more than 1,320 feet.
2) Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses.
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B) Cul-de-sacs.
1) Any street that is a required fire lane and greater than 150 feet in length shall be provided with a 38 -foot minimum turning radius or other approved turnaround within 150' of the end of the fire lane.
2) The cul-de-sac "bulb" (the portion at the dead-end of the cul-de-sac street which is wider than the cul-de-sac "neck" leading to it shall be identified as a fire lane with red curbs or "Fire Lane —No Parking" signs. Fire lane markings may be omitted from the bulb if one or more of the following applies:
a. A three-point turn may be made within 150' of the end of the cul-de-sac with all areas along the curb assumed to be occupied by parked vehicles.
Auto -Turn software or other approved methods shall be used to demonstrate this unless a standard hammerhead turnaround template is used.
b. The length of the cul-de-sac street, including any driveway or spur road accessed from the bulb that is a required fire lane, is not more than 150 feet.
c. The radius of the cul-de-sac is at least 46 feet; or 3) Cul-de-sacs longer than 150 feet that are required to be designated as fire lanes may contain a center island provided that:
a. A minimum 28 -foot -wide drive lane with an adequate inside turning radius is provided around the island, and
b. Island landscaping will not intrude into the drive lane, and c. The island is designated a no parking area with red curbs or fire lane signs.
75. Hydrant and Fire Flow Requirements
A) Water Availability — To facilitate the review process and avoid unnecessary delays in project approval, applicants are required to submit data sheets from a water purveyor providing water availability information must be no older than twelve months.
B) Hydrant Location — Hydrants shall be provided at street intersections, along required fire apparatus access roads, and adjacent to public streets in the quantities and up to the maximum distances prescribed in CFC Appendix C Table C105.1.
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valves, or any other exterior fire protection system components that may require immediate access shall be located where they will not be visually or operationally obstructed (behind fences or walls, in bushes, behind parking spaces, etc.). Three feet clear space shall be maintained around the circumference of fire hydrants.
76. Adverse Impacts
The proposed project may have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, traffic, and population. The project proponents/developers will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees.
77. Access
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.
78. Water
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.
79. Tract/Parcel Map development cases - Prior to Building Permit issuance, the required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. City of Rancho Mirage Fire Marshals office to inspect the required fire flow, street signs, all weather surfaces, and all access and/or secondary access. Approved water plans must be at the job site.
CITY ATTORNEY — PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
40.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.
41.The applicant shall reimburse the City for any court and attorney's fees which the City may Planning Commission Staff Report 1 GEEO14 fEM#
DATE: June 27, 2024
EA24-0005 & PDP24-0002 Page 32 of 34
JUSTIFICATION OR INFORMATION CONTINUED:
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.
42.Pursuant to RMMC Chapter 15.64.280, 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.
43.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.
44.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 THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
45.The current and future property owner(s) shall be responsible for maintaining in compliance with all City standards for the same, the on -site and off -site landscaping and integrated architectural features required by this entitlement. Landscape maintenance shall consist of regular watering mowing, pruning, fertilizing, clearing of debris and weeds, and the removal and replacement of irrigation systems, in compliance with all relevant and applicable provisions of the Rancho Mirage Municipal Code. Integrated architectural features must be kept in a manner which maintains the desirability of the immediate area and neighboring areas and respects the harmonious relationship with existing and adjoining developments. Due regard for preservation of each feature and its intended irrigation with surrounding landscaping, buildings, structures, screening and signs is required. All features must be maintained in a manner commonly accepted by professionals who are experts in the care and preservation of each particular type of feature. A covenant to assure continued maintenance of on -site and off -site required landscaping and integrated architectural features by the current and future property owners or other liable entity, consistent with the terms and provisions of this condition of approval, shall be prepared in a format approved by the City Attorney and recorded in the Office of the Riverside County Recorder against all parcels created with this subdivision and any subsequent amendments thereto.
Planning Commission Staff Report 1 TEEO1A /4EM#
DATE: June 27, 2024
EA24-0005 & PDP24-0002 Page 33 of 34
JUSTIFICATION OR INFORMATION CONTINUED:
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 proposed project identifies the development standards for the development of the property as an affordable apartment complex. The PDP is consistent with and will implement the intent of the Affordable Housing Overlay (AHO) and High Density Residential (R -H) Zoning District.
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 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 be consistent to the development standards that are set forth by the proposed project in accordance with the AHO 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 PDP which caters to property for the purpose of developing an affordable housing apartment complex project. Under the provisions of the AHO, 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 proposed project in accordance to the R -H and AHO. The Mitigation Monitoring Program shall be implemented with each development. The proposed development standards limit development to 30 feet. All proposed buildings within the project Planning Commission Staff Report 1 GEEO14 gFM#
DATE: June 27, 2024
EA24-0005 & PDP24-0002 Page 34 of 34
JUSTIFICATION OR INFORMATION CONTINUED:
site meet the required setbacks.
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 project under the AHO 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 given that the project is suitable for the Affordable Housing Overlay per the municipal code and Housing Element of the General Plan.. In addition, the applicant shall comply with the recommendations of the adopted Mitigated Negative Declaration.
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# 2024060305) was prepared based on Environmental Case No. EA24-0005 pursuant to the California Environmental Quality Act Section 15074. Environmental impacts will be less than significant with implementation of the project's mitigation measures.
Planning Commission Staff Report 1 TEEO14 6EM#
ATTACHMENT 10
CITY OF RANCHO MIRAGE
PLANNING COMMISSION MEETING
THURSDAY, JUNE 27, 2024 - 2:OOP.M. i,ii
MINUTES
Meeting Location:
City Hall - Council Chamber
69-825 Highway 111
Rancho Mirage, CA 92270
CALL TO ORDER - 2:00 P.M.
a) Flag Salute: Led by Colin Kirkpatrick, City Attorney. b) Roll Call: Bryant, Chanter, Curran, Grey — Present.
Absent: Agostini.
MOVED/SECONDED BY CHANTER/CURRAN TO EXCUSE VICE CHAIR AGOSTONI'S ABSENCE. MOTION CARRIED 4/0.
COMMISSIONER COMMENTS
Commissioner Chanter wished Mayor Downs a quick recovery. She expressed her thanks to staff for their assistance.
Commissioner Curran echoed Commissioner Chanter's remarks.
Commissioner Bryant also expressed appreciation for staff making themselves available to answer commissioner questions.
Chair Grey welcomed all in the audience and thanked them for being present. He added that it was his last meeting as Chair of the Planning Commission. He stated that it was an honor to act as the Chair and his role was made easy by staff that were both incredibly prepared and responsive with everything that they presented to the commissioners. He ended his comments by stating that it had been an honor and a privilege, and he was happy to continue to serve on the Planning Commission.
NON -AGENDA PUBLIC COMMENTS — None.
APPROVAL OF MINUTES — May 30, 2024, Special Meeting.
MOVED/SECONDED BY CURRAN/ CHANTER TO APPROVE THE MAY 30, 2024, SPECIAL MEETING MINUTES. MOTION CARRIED 4/0.
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12-61.7
ACTION ITEM
1. Appointment of Chairperson and Vice -Chairperson.
Ben Torres, Planning Manager, presented the staff report.
Commissioner Comments
Commissioner Grey made a motion to appoint Vice Chair Agostini as Chair and Commissioner Chanter as Vice Chair, as proposed in the staff report.
Commissioner Bryant asked if it would be appropriate to table the item until all commissioners were present, but stated he would concur with the majority.
Chair Grey asked the Commissioners if they wished to wait or move forward with the motion.
Commissioner Curran seconded the motion made by Chair Grey.
Public Comments — None.
MOVED/SECONDED BY GREY/CURRAN TO APPOINT VICE CHAIR AGOSTINI AS CHAIR AND COMMISSIONER CHANTER AS VICE CHAIR OF THE PLANNING COMMISSION.
MOTION CARRIED 4/0.
With the approved motion, Commissioner Grey turned the meeting over to Vice Chair Chanter to facilitate the meeting.
PUBLIC HEARING
2. Sign Program Case No. SIPR24-0001— Cotino Clubhouse, Lagoon Promenade, and Public Beach Sign Program — Applicant: DMB Development LLC on behalf of ECRM Residential. Consideration of a sign program to establish sign criteria for the Cotino Clubhouse, Lagoon Promenade, and Public Beach areas. The project site is the Section 31 Specific Plan area and is comprised of approximately 618 acres bounded by Gerald Ford Drive to the north, Monterey Avenue to the east, Frank Sinatra Drive to the south, and Bob Hope Drive to the west.
A. Consider finding Sign Program Case No. SIPR24-0001 exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations); and
B. Consider approving Sign Program Case No. SIPR24-0001, 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 Comment — None
Commissioner Comments
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Commissioner Curran commented that the colors and textures were in line with the rest of the development. He supported the sign program.
Commissioner Grey commented that the sign program was well -developed and looked appropriate.
Commissioner Bryant asked if the sign program consisted of only internal signs and if the exterior signage along the public streets would require a separate submittal.
Mrs. Vasquez replied that the sign program only included signs for the clubhouse, lagoon promenade, and public beach areas. She confirmed that signs along the public streets required a separate submittal.
Vice Chair Chanter concurred that the signs were appropriate for the development and asked for a motion to approve the sign program as presented by staff.
MOVED/SECONDED BY GREY/CURRAN TO:
A. APPROVE THE FILING OF A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15162 (SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS); AND
B. APPROVE SIGN PROGRAM CASE NO. SIPR24-0001, 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. EA24-0003, General Plan Zoning Map Amendment Case No. GPZMA24-0002, and Specific Plan Amendment Case No. SP24- 0001 — Rancho Mirage Dog Park Property Land Use Reconfiguration. Applicant: City of Rancho Mirage. Consideration of a general plan zoning map amendment to reconfigure the existing land use which is currently split with approximately 25.21 acres of High Density Residential (R -H) on the south end and approximately 28.55 of Public Park (OS -PP) on the north end of the project site. The land use designations will be reconfigured so that the High Density Residential (R -H) is on the eastern side of the project site and the Public Park (OS - PP) on the western side. An amendment to the Monterey Specific Plan is also proposed to reflect these changes on the land use map. No new land uses or increases/decreases of present land uses or density are proposed, the project consists of reconfiguring the existing land use categories. The project site is located at the southeast corner of Key Largo Avenue and Via Vail. (APNs: 685-090-009, -012, -014, -015, -016, & -017).
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:
1. Find that the action is exempt from CEQA pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations;
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2. Adopt Resolution No. 2024 -(Next -in -Order), approving General Plan Zoning Map Amendment (GPZMA24-0002); and
3. Introduce and adopt Ordinance No. (Next -in -Order), approving Specific Plan Amendment (SP24-0001).
Ben Torres, Planning Manager, presented the staff report.
Public Comments — None.
Commissioner Comments
Commissioner Grey commented that he reviewed the proposed project in significant detail. He found the reconfiguration to better suit the site. He asked staff to clarify if the reconfiguration changed the acreage for the two designations or if they remained the same.
Mr. Torres confirmed that the acreage remained the same; the reconfiguration maintained 25 acres for high density residential and 25 acres for the public park.
Commissioner Grey stated that the reconfiguration was better for the site and worked in harmony with the future proposed affordable housing developments.
Commissioner Curran added that the proposed configuration made better sense for future development, as it provided a public park as a buffer between the existing residential to the west and the future affordable housing developments.
Commissioner Bryant asked about the small half acre parcel within the public park area. He also asked if the acreage for the designations was changing due to the reconfiguration.
Mr. Torres explained that the YMCA owned the small parcel. He added that the acreage would be maintained as 25 acres for high density residential and 25 acres for the public park.
Commissioner Bryant stated that it was a tremendous improvement in the land planning, especially with the park as a buffer between the high density residential on the east side and the future and existing single-family homes to the west.
Vice Chair Chanter agreed with the previous comments and stated that the reconfiguration was a better design.
MOVED/SECONDED BY CURRAN/GREY TO ADOPT RESOLUTION NO. 2024 -PC -04, RECOMMENDING THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:
1. FIND THAT THE ACTION IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15162 (SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS;
2. ADOPT RESOLUTION NO. 2024 -(NEXT -IN -ORDER), APPROVING GENERAL PLAN ZONING MAP AMENDMENT (GPZMA24-0002); AND
3. INTRODUCE AND ADOPT ORDINANCE NO. (NEXT -IN -ORDER), APPROVING SPECIFIC PLAN AMENDMENT (SP24-0001).
06/27/2024 Planning Commission Meeting Minutes Page 4 of 8
1....2..-..6.2..0
MOTION CARRIED 4/0.
4. Preliminary Development Plan Case No. PDP24-0002 and Environmental Assessment Case No. EA24-0005 — Via Vail Apartments. Applicant: Pacific West Companies, Inc.
Consideration of an affordable housing development, Via Vail Apartments, consisting of 236 units comprised of fifteen (15) two-story buildings with residential amenities such as a pool, community room, fitness room, leasing room, laundry facilities, and a tot lot. The units will be 100% affordable except for the three manager units that will remain unrestricted. The proposed project will have a density capacity of approximately 24 dwelling units/acre. The 10± -acre subject site is located on the southern side of Via Vail, between Monterey Avenue and Key Largo Avenue, adjacent to the Rancho Mirage Dog Park. (APN: 685-090-017).
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:
1. Adopt Resolution No. 2024 -(Next -in -Order), approving the Mitigation Monitoring and Reporting Program and Mitigated Negative Declaration (SCH#2024060305) for the Proposed Project based on Environmental Assessment Case No. EA24-0005; and
2. Adopt Resolution No. 2024 -(Next -in -Order), approving Preliminary Development Plan Case No. PDP24-0002 with staff recommendation to add condition of approval 3A.
Pilar Lopez, Senior Planner, presented the staff report and invited the applicant to speak.
Darren Berberian, a representative of Pacific West Communities, Inc., introduced himself and his team. He commended City staff on their efforts and stated that their company worked throughout the State and had not seen such staff support prior to working with the City of Rancho Mirage. He stated that it was a feat to be before the Planning Commission in June 2024, when the Disposition and Development Agreement was approved in December 2023. He briefly explained the project and the financing. He made himself and his team available for any questions.
Commissioner Comments
Commissioner Bryant stated that the City of Rancho Mirage had gone above and beyond to be in compliance with the State's affordable housing requirements to enable and encourage affordable housing. He added that the commission was aware that the development of affordable housing was very competitive. He stated that the location was ideal for affordable housing and asked staff to explain the State's TCAC Opportunity Map designation change from high resource to moderate resource designation.
Ms. Lopez explained that funding for affordable housing developments was competitive. The State changed the subject site's designation from a high resource to a moderate resource in early 2024, which meant funding would be extremely difficult, if not impossible.
Commissioner Bryant asked if this was why the City entered into a Disposition and Development Agreement before the change occurred. He inquired about what would have happened if those agreements were not in effect as of January 2024.
Majna Dukic, Director of Development Services, noted that the City found out at the end of 06/27/2024 Planning Commission Meeting Minutes Page 5 of 8 12-621
October 2023 that the change in designation was occurring at the beginning of January 2024. If the sites did not have agreements in place by that point in time, then they would be designated as a moderate resource, which would essentially mean that their ability to obtain State funding would have been difficult. With the effective agreements for the development of affordable housing in place, the high resource designation was locked in place for seven years.
Commissioner Bryant asked if the proposed development site would have been downgraded if the City had not approved the development agreements.
Ms. Dukic confirmed that the City worked very quickly to get the agreements in place and the Housing Authority approved them in time to lock the designation in place. The site that would have been most affected by the change in designation was the current proposal.
Commissioner Bryant inquired about the land acquisition by the Pacific West Companies.
Ms. Dukic gave a brief overview of the Disposition and Development Agreements in place.
Commissioner Bryant added that this was another example of how the City was supporting the development of affordable housing. He asked about the pedestrian connection between the project site and the Monterey Marketplace Shopping Center.
Ms. Lopez explained the connections to the future public park and that a pedestrian pathway would connect to the Monterey Marketplace Shopping Center.
Commissioner Bryant added that it was an excellent addition and highlighted the project's proximity to employment, shopping, and restaurants. He then asked staff to further explain the rental application process, parking requirements and unit occupancy, stating concerns regarding maximums per unit.
Ms. Lopez explained that parking was reduced for the project, as permitted for affordable housing.
She stated that the application process was thorough and went through the developer.
Commissioner Bryant asked when the title passed to the developer.
Colin Kirkpatrick, City Attorney, answered that it was controlled by the disposition and development agreement with the Housing Authority and it was dependent on completion of entitlements as well as the due diligence period.
Commissioner Bryant asked what it would cost to build a unit.
Mr. Berberian answered that they were working on the final budget for financing, but the estimated cost was $355,000 per unit, which was considered to be significantly lower than other developers in the area. The proposed project cost was roughly $90 million.
Commissioner Bryant asked what the market rate rent would be for this type of development.
Mr. Berberian answered that the rental rate at the lowest unit was for a household of 30% AMI for a one bedroom, one bath; that rent was $444.00 per month. He stated that he wasn't well versed in what the market rate rents would be in the area.
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Commissioner Bryant finalized his comments by stating that he believed plenty of people would apply for the units. He added that it was one of the best parcels in the valley for affordable housing.
Commissioner Bryant suggested the developer review the landscape plantings proposed and include fast growing species to help create a buffer around the community.
Public Comments
Toni Hyams, Rancho Mirage resident, asked how the tenants would be selected. She also inquired about the maximum number of persons allowed per unit. She asked at what point the developer would be allowed to sell the development. She stated that she would like to see bus routes be incorporated into the area, because some people may not have any cars.
Commissioner Comments
Vice Chair Chanter commented that the resident asked fair questions and asked staff to answer them.
Ms. Lopez answered that the eligibility was income -based and the developer had a thorough vetting process for rental applicants. She asked the developer to explain the leasing process and the maximum number of persons per unit.
Mr. Berberian explained the person per unit breakdown. He also explained fair housing laws to help clarify some of the concerns. He added that the screening process consisted of tax returns, job and landlord verifications, and criminal background checks. He went on to explain that the development was tied to an affordability covenant that would be in place for 55 years and that was restricted to affordable housing within that 55 -year term.
Ms. Lopez stated that there was a bus route on Dinah Shore Drive and no additional bus routes were proposed.
Commissioner Curran added that he appreciated all the work that was put into the project. He thought it was a great addition to the community. The design was amazing. He liked the fact that it had on -site management because management of these developments was critical to their success. He expressed that the pedestrian walkway to the shopping center was helpful and it also provided future residents with employment opportunities.
Commissioner Grey thanked staff and the City Council for their prior approvals and the applicant for getting a very thoroughly designed and thought-out project through.
Commissioner Grey expressed two concerns about the development of this project. He stated that he was concerned that Via Vail would need to be expanded from the proposed two-lane configuration to a four -lane configuration. His second concern was the electrical service for the project and the subsequent projects. He was deeply concerned about Imperial Irrigation District's (IID) ability and willingness to service the projects.
Isaiah Hagerman, City Manager, acknowledged that IID had struggled with their ability to provide service in their territory. He stated that within the IID service territory, there were not sufficient substations and IID was reaching capacity. This meant that IID provided a condition to build a substation for larger projects. This had gotten the attention of the local governments and efforts 06/27/2024 Planning Commission Meeting Minutes Page 7 of 8 12-62..3
were being made to find creative solutions. He added that, thankfully, IID was working with the City and had been a good partner in trying to help the City solve the problem. He stated that the City Council would receive an update regarding the required substation at the next City Council meeting.
Ms. Lopez answered Commissioner Grey's concerns about the circulation of the site. She referred to the Section 30 Master Circulation Plan, explaining that the project -specific traffic analysis did not require a reclassification of the local collector street (two-lane street). She asked the environmental consultant, Nicole Criste, to come up to the podium and further elaborate.
Ms. Dukic added that the project's traffic analysis did consider cumulative growth, which included the two properties to the south of the proposed project.
Nicole Criste, Terra Nova Planning, explained that they prepared the environmental document and that the traffic study included a cumulative analysis with all three of the high -density residential projects, as well as the mixed -use project that is off of Monterey Avenue. She elaborated on the traffic study for the project and stated that the proposed two-lane street was appropriate.
Vice Chair Chanter added that she found it interesting and important that the residents would be provided additional services that would aid in the residents perhaps no longer needing affordable housing. She also stated that the design was good, given the diverse elevations of each building type, which provided an upscale look to the development that is not typical of affordable housing projects. She finalized her comments by thanking staff, the City Council, and the developer for a good project and a great addition to the City.
MOVED/SECONDED BY GREY/CURRAN TO ADOPT RESOLUTION NO. 2024 -PC -05, RECOMMENDING THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:
1. ADOPT RESOLUTION NO. 2024 -(NEXT -IN -ORDER), APPROVING THE MITIGATION
MONITORING AND REPORTING PROGRAM AND MITIGATED NEGATIVE DECLARATION (SCH#2024060305) FOR THE PROPOSED PROJECT BASED ON ENVIRONMENTAL ASSESSMENT CASE NO. EA24-0005; AND
2. ADOPT RESOLUTION NO. 2024 -(NEXT -IN -ORDER), APPROVING PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP24-0002 WITH STAFF'S RECOMMENDATION TO ADD CONDITION OF APPROVAL 3A.
MOTION CARRIED 4/0.
ADJOURNMENT
With no further business to consider, the Planning Commission meeting was adjourned at 3:11 P.M.
Prepared by: Deanna Mendoza
Development Services Technician
Date Approved by Planning Commission: 7/11/2024
06/27/2024 Planning Commission Meeting Minutes
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ATTACHMENT 11
Via Vail Apartments (PDP24-0002, EA24-0005)
Response to Comments
The City received one comment letter to the Initial Study/Mitigated Negative Declaration for the proposed Project. The following provides individual comments and responses. The complete comments are attached to this response in Appendix A.
California Department of Fish and Wildlife
Letter dated July 9, 2024
Comment 1:
The California Department of Fish and Wildlife (CDFW) received a Notice of Availability of a Mitigated Negative Declaration (MND) from the City of Rancho Mirage (City) for the Project pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines.1 Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife.
Likewise, we appreciate the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code.
CDFW ROLE
CDFW is California's Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State. (Fish & G. Code, §§ 711.7, subd. (a) & 1802; Pub. Resources Code, § 21070; CEQA Guidelines § 15386, subd. (a).) CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. (Id., § 1802.) Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on Projects and related activities that have the potential to adversely affect fish and wildlife resources.
CDFW is also submitting comments as a Responsible Agency under CEQA. (Pub. Resources Code, § 21069; CEQA Guidelines, § 15381.) CDFW expects that it may need to exercise regulatory authority as provided by the Fish and Game Code. As proposed, for example, the Project may be subject to CDFW's lake and streambed alteration regulatory authority. (Fish & G. Code, § 1600 et seq.) Likewise, to the extent implementation of the Project as proposed may result in "take" as defined by State law of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), the Project proponent may seek related take authorization as provided by the Fish and Game Code.
PROJECT DESCRIPTION SUMMARY
Proponent: The Pacific Companies
Objective: The proposed Project includes a mix of two-story residential buildings, apartment - style units, a clubhouse building, outdoor recreational spaces, and onsite parking. A mix of native and non-native trees and shrubs are proposed in the Project's conceptual landscaping plan. The 12-625
Via Vail Apartments
Response to Comments
Project will produce new sources of light and glare primarily from landscaping lighting, safety and security lighting on building exteriors, and vehicles accessing the site.
Location: The proposed Project is located on an existing vacant, undeveloped parcel (APN 685- 090-011) located south of Via Vail, between Monterey Avenue and Key Largo Avenue in the City of Rancho Mirage, County of Riverside. The proposed Project is adjacent to vacant land to the west, south, and portions of the east. The geographic coordinates near the approximate center of the project area are 33.798563° north latitude and -116.393781° west longitude.
Timeframe: The MND does not provide details on a timeframe for Project implementation.
Response 1:
The comment is noted. It provides a description of the Project and requires no further response.
Comment 2:
COMMENTS AND RECOMMENDATIONS
CDFW has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (i.e., biological resources). CDFW offers the comments and recommendations below to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources. The MND has not adequately identified and disclosed the Project's impacts (i.e., direct, indirect, and cumulative) on biological resources and whether those impacts are reduced to less than significant.
CDFW's comments and recommendations on the MND are explained in greater detail below and summarized here. CDFW is concerned that the MND does not adequately identify or mitigate the Project's significant, or potentially significant, impacts to biological resources. CDFW also concludes that the MND lacks sufficient information to facilitate a meaningful review by CDFW, including a complete and accurate assessment of biological resources on the Project site. CDFW requests that additional information and analyses be added to a revised MND, along with avoidance, minimization, and mitigation measures that avoid or reduce impacts to less than significant.
Response 2:
The comment is noted. Individual responses to specific issues are provided below.
Comment 3:
Mitigation Measures
CEQA requires that a MND include mitigation measures to avoid or reduce significant impacts.
CDFW is concerned that the mitigation measures proposed in the MND are not adequate to avoid or reduce impacts to biological resources to below a level of significance. To support the 12-626
Via Vail Apartments
Response to Comments
City in ensuring that Project impacts to biological resources are reduced to less than significant, CDFW recommends adding mitigation measures for artificial nighttime lighting, a Local Development Mitigation Fee associated with the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), and salvage of sand -dependent Covered Species, as well as revising the mitigation measures for nesting birds and burrowing owl. 1) Nesting Birds
It is the Project proponent's responsibility to comply with all applicable laws related to nesting birds and birds of prey. Fish and Game Code sections 3503, 3503.5, and 3513 afford protective measures as follows: section 3503 states that it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by Fish and Game Code or any regulation made pursuant thereto. Fish and Game Code section 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds -of -prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by Fish and Game Code or any regulation adopted pursuant thereto. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.).
Permittees of the CVMSHCP must ensure that Covered Activities within their jurisdictions —both inside and outside Conservation Areas —do not take, possess, or needlessly destroy the nest or eggs of nesting birds. Per Section 3.5.6 of the California Department of Fish and Wildlife (CDFW) Natural Community Conservation Plan (NCCP) Permit #2835-2008-001-06 for the CVMSHCP, "take outside of Conservation Areas will be consistent with sections 3503 and 3503.5 of the Fish and Game Code." Per Section 13.2 of the CVMSHCP Implementing Agreement, County and Cities' obligations include, but are not limited to, taking "all necessary and appropriate actions, following applicable land use permit enforcement procedures and practices, to enforce the terms of project approvals for public and private projects, including compliance with the MSHCP, the Permits and this Agreement."
birds protected by the MBTA." Page 6 of the Project's Biological Assessment indicates that onsite, shrubs observed include "creosote bush (Larrea tridentata), four- wing saltbush (Atriplex canescens), dyebush (Psorothamnus emoryi), and athel (Tamarix aphylla)". The Project site contains suitable habitat for nesting birds.
The MND includes Mitigation Measure BIO-2, stating that "if ground disturbance or tree or plant removal is proposed between February 1st and August 31st, a qualified biologist must conduct a nesting bird survey within 7 to 10 days of initiation of grading onsite, focusing on MBTA covered species." CDFW considers the Mitigation Measure BIO-2 to be insufficient in scope and timing to reduce impacts to nesting birds to a level less than significant. CDFW is concerned about impacts to nesting birds including loss of nesting/foraging habitat and potential take from ground - disturbing activities and construction. CDFW recommends the completion of nesting bird surveys regardless of the time of year to ensure that impacts to nesting birds are avoided. The timing of the nesting season varies greatly depending on several factors, such as bird species, weather conditions in any given year, and long-term climate changes (e.g., drought, warming, etc.). In 12-627
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response to warming, birds have been reported to breed earlier, thereby reducing temperatures that nests are exposed to during breeding and tracking shifts in availability of resources (Socolar et al., 20172). CDFW staff have observed that climate change conditions may result in nesting bird season occurring earlier and later in the year than historical nesting season dates. CDFW recommends that disturbance of occupied nests of migratory birds and raptors within the Project site and surrounding area be avoided any time birds are nesting on -site. CDFW therefore recommends the completion of nesting bird surveys regardless of the time of year to ensure compliance with all applicable laws pertaining to nesting and migratory birds.
CDFW recommends that the City revise Mitigation Measure BIO-2 with the following additions in bold and removals in strikethrough:
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 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.
If .. ...1 .1'ei .4.a..ce .. ..Ie..1 r aI ' e.V L.eh.•ve.. Ce4.. . 1 e1 a...1 A -specific mgasurcc must be prepared. At a minimum, grading in the vicinity of a nest must be postponed until the young birds have fledged. For construction that occurs between September neotc aro fe n-cl exelucinnory fon i-ng must be placed 200 feet around the nest until such time as nestlings have fledged. Nests of raptors must be provided a 500 -foot buffer. 12-628
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Response 3:
The comment is noted. However, the commenter appears to imply that birds may nest on the site outside of the established nesting period, without providing substantial evidence. The City's responsibility is to assure that nesting birds are not disturbed, and that construction be avoided until the young have fledged. It is important to note that MBTA covered species include almost all bird species that could nest on the site, and that since a pre -construction survey will be required, all birds nesting on the site will be identified, regardless of MBTA status. The Initial Study mitigates impacts to nesting bird species to less than significant levels as written. The mitigation measure and the Initial Study correctly protect nesting birds, and do not require amendment.
Comment 4:
2) Burrowing Owl
Burrowing owl is a California Species of Special Concern. Take of individual burrowing owls and their nests is defined by Fish and Game Code section 86, and prohibited by sections 3503, 3503.5, and 3513. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.). Take is defined in Fish and Game Code section 86 as "hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill." Permittees of the CVMSHCP must ensure that Covered Activities within their jurisdictions —both inside and outside Conservation Areas —do not result in the take of the burrowing owl individuals, nests, or eggs. Per Section 3.5.6 of the California Department of Fish and Wildlife (CDFW) Natural Community Conservation Plan (NCCP) Permit #2835-2008-001-06 for the CVMSHCP, "take outside of Conservation Areas will be consistent with sections 3503 and 3503.5 of the Fish and Game Code." Adding further clarification, Section 3.5.6 of CDFW's NCCP Permit indicates that "following all laws applicable to migratory birds (discussed below), the pairs or individuals will not be Taken, just the land around and including the burrows", and "the HCP/NCCP does not authorize Take of nests and eggs as prohibited by Fish and Game Code sections 3503 and 3503.5 and therefore avoidance measures will have to be undertaken for all projects which have breeding burrowing owls present." An activity that results in the take of burrowing owl individuals, nests, or eggs would be unlawful and would not be a Covered Activity under the CVMSHCP. Per Section 13.2 of the CVMSHCP Implementing Agreement, County and Cities' obligations include, but are not limited to, taking "all necessary and appropriate actions, following applicable land use permit enforcement procedures and practices, to enforce the terms of project approvals for public and private projects, including compliance with the MSHCP, the Permits and this Agreement." The City has an obligation under the CVMSHCP to ensure the Project does not result in the take of burrowing owl individuals, nests, and eggs.
were also assessed for burrowing owl (Athene cunicularia). Inaccessible areas were scanned for burrowing owl habitat and sign (i.e., burrows & perches with whitewash) with binoculars."
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present on site. Also, no burrows or burrow surrogates that could be used by burrowing owls were present on the site at the time of this survey." The MND and supporting documents lack a discussion of the methods used to conduct a habitat assessment and surveys for burrowing owl and if focused surveys, conducted independently of other surveys, were completed. CDFW recommends that a habitat assessment and focused surveys for burrowing owl are conducted independently of other biological survey activities. Given the MND's lack of findings from a recent habitat assessment and focused surveys for burrowing owl following the guidelines in the Staff Report on Burrowing Owl Mitigation, the number of suitable and occupied burrows within the Project site and surrounding areas is unknown. Despite the limited information provided in the MND on if and how a habitat assessment for burrowing owl was conducted, CDFW considers the Project site to contain suitable habitat for burrowing owl. CDFW notes that in California, preferred habitat for burrowing owl is generally typified by short, sparse vegetation with few shrubs, and that burrowing owls may occur in ruderal grassy fields, vacant lots, and pastures if the vegetation structure is suitable and there are useable burrows and foraging habitat proximity.
In addition, burrowing owls frequently move into disturbed areas prior to and during construction activities since they are adapted to highly modified habitats.6,7 Based on review of historical aerial imagery using Google Earth Pro, the Project site and surrounding areas to the south and west contain intact native habitat with sparce vegetation cover that is suitable nesting and foraging habitat for burrowing owl.
Because suitable habitat for burrowing owl exists within the Project site, CDFW recommends the MND is revised to include the findings of focused surveys for burrowing owl following guidelines outlined in the Staff Report on Burrowing Owl Mitigation. Focused surveys for burrowing owl provide information needed to determine the potential effects of proposed projects and activities on burrowing owls, and to avoid take in accordance with Fish and Game Code sections 86, 3503, 3503.5, and 3513. If focused surveys confirm occupied burrowing owl habitat in or adjacent to the Project area, CDFW recommends that the MND is revised to include an impact assessment per guidelines in the Staff Report on Burrowing Owl Mitigation. Impact assessments evaluate the extent to which burrowing owls and their habitat may be impacted, directly or indirectly, on and within a reasonable distance of the proposed Project. Focused surveys and an impact assessment will also inform appropriate avoidance, minimization, and mitigation measures for the Project and help demonstrate that impacts to burrowing owls are less than significant.
Although the MND includes Mitigation Measure BIO-1 for burrowing owl, CDFW considers the measure to be insufficient in scope and timing to reduce impacts to a level less than significant.
CDFW recommends that the City revise Mitigation Measure BIO-1 with the following additions in bold and removals in strikethrough:
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 begin coordination with CDFW and USFWS immediately, and shall prepare a Burrowing Owl Plan that shall be submitted to CDFW for 12-630
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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 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 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.
To mitigate potential impacts to burrowing owl, two pre -construction surveys must be conducted occur between 14 to 30 day prior „nd distufban-^a;dtheeconnd survey must oGcuT those surveys, ground disturbance may proceed without further consideration of this species. If California Department of Fish and Wildlife gi idelinec
Response 4:
The comment is noted. However, the commenter provides no evidence to contradict the professional biologist's statement that no owl, sign or appropriate burrows are located on the site. As stated in both the Initial Study and the Biological Resources Study, the site is heavily disturbed and has sparse vegetation. As a result, the biologist had good visibility of site conditions, and would have seen owl, sign or burrows if they occurred. Furthermore, the Initial Study requires, in Mitigation Measure BIO-1, preconstruction surveys "in accordance with California Department of Fish and Wildlife protocol" (emphasis added). The Initial Study therefore fully acknowledges the Department's requirements. It further requires that they be implemented prior to initiation of construction, which is the appropriate protocol for sites where 12-631
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no individuals, sign or burrows have previously been identified. The City is aware that the species could move onto the site prior to construction, and has provided the appropriate mitigation to protect the species from take. The mitigation measure is appropriate and complete, lists performance standards should the species be identified, and no further amendment is required.
Comment 5:
3) Artificial Nighttime Lighting
Pate (sic) 27 of the MND indicates that the proposed Project will result in new sources of artificial nighttime lighting, including "light and glare primarily from landscaping lighting, safety and security lighting on building exteriors, and vehicles accessing the site." The Project is located adjacent to open -space areas to the south and west of the Project site —areas that provide suitable nesting, roosting, foraging, and refugia habitat for birds, migratory birds that fly at night, bats, and other nocturnal and crepuscular wildlife. The Project's proposed artificial nighttime lighting has the potential to significantly and adversely affect wildlife in the open -space areas adjacent to the Project site. Artificial lighting alters ecological processes including, but not limited to, the temporal niches of species; the repair and recovery of physiological function; the measurement of time through interference with the detection of circadian and lunar and seasonal cycles; the detection of resources and natural enemies; and navigation. Many species use photoperiod cues for communication (e.g., bird song), determining when to begin foraging, behavioral thermoregulation, and migration. Phototaxis, a phenomenon that results in attraction and movement towards light, can disorient, entrap, and temporarily blind wildlife species that experience it.
17.18.050 (Exterior glare, heat, and light) which mandates the exterior use of light to be focused downward by a shield." While these plans for shielding artificial nighttime lighting support the Project in limiting lighting impacts to biological resources within areas surrounding the Project site, CDFW considers these plans insufficient in scope and timing to reduce impacts to a level less than significant. To support the City in avoiding or reducing impacts of artificial nighttime lighting on biological resources to less than significant, CDFW recommends the City add the following mitigation measure to a revised MND:
Mitigation Measure B10 -[A]: 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 and directed away from surrounding open -space and agricultural areas, 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 12-632
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temperature of 3,000 Kelvins or less, proper disposal of hazardous waste, and recycling of lighting that contains toxic compounds with a qualified recycler.
Response 5:
The commenter's opinion is noted, but provides no substantial evidence that the Project will result in substantial lighting, or that the lighting proposed for the Project will impact biological resources. The City's construction hour restrictions make it unlikely that construction will occur at night. Further, the City's lighting standards are restrictive to lighting, and it must be fully screened and downward -directed. There is no evidence that lighting on the property would be significant, and no change to the IS is required.
Comment 6:
4) Coachella Valley Multiple Species Habitat Conservation Plan Salvage of Sand -Dependent Covered Species
Section 6.6.1 of the CVMSHCP (Obligations of Local Permittees) states that within and outside Conservation Areas "on parcels approved for Development, the Permittees shall encourage the opportunity to salvage Covered sand -dependent species in accordance with the Implementation Manual." Page 41 of the MND indicates that Coachella Valley round -tailed ground squirrel (Spermophilus tereticaudus chlorus), Palm Springs pocket mouse (Perognathus longimembris), and Coachella Valley milkvetch (Astragalus lentiginosus var. coachellae) have a low potential to occur onsite. Also, the Project site contains CVMSHCP modeled habitat for two additional CVMSHCP Covered Species including Coachella Valley fringe -toed lizard (Uma inornata) and flat -tailed horned lizard (Phrynosoma mcallii). To be consistent with the CVMSHCP, CDFW recommends that the City include in a revised MND the following mitigation measure:
Mitigation Measure B10 -[B]: Salvage of Sand -Dependent Covered Species Prior to vegetation removal or ground -disturbing activities, the City of Rancho Mirage will collaborate with the Coachella Valley Conservation Commission to plan and implement a salvage of sand -dependent Covered Species within the Project site.
Response 6:
The commenter is incorrect. There is no requirement for the City to salvage sand -dependent species in the CVMSHCP. The site is disturbed, and through the payment of CVMSHCP fees required by the City, will offset its impact on covered sand -dependent species.
Comment 7:
Local Development Mitigation Fee
The Project is located within the CVMSHCP Plan Boundary and outside of a Conservation Area.
Fee to mitigate for potential impacts to species covered under the CVMSHCP". To document the City's obligation as a Local Permittee under the CVMSHCP to impose a local development 12-633
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mitigation fee for this Project, CDFW recommends the City add the following mitigation measure to a revised MND:
Mitigation Measure B10 -[C]: CVMSHCP Compliance
Prior o 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.
Response 7:
The comment is noted. However, as allowed under CEQA, requirements of law are not mitigation measures, and are assumed to be implemented. Because the payment of the CVMSHCP fee is a requirement by the City, as stated in the Initial Study, its payment will reduce impacts to less than significant levels, and no mitigation measure is required.
Comment 8:
5) Landscaping
Exhibit 6 of the MND is a conceptual landscape plan for the Project showing the use of a combination of native and non-native trees and shrubs. CDFW recommends incorporation of water -wise concepts in any Project landscape design plans. In particular, CDFW recommends xeriscaping with locally native California species and installing water -efficient and targeted irrigation systems (such as drip irrigation). Native plants support butterflies, birds, reptiles, amphibians, small mammals, bees, and other pollinators that evolved with those plants. More information on native plants suitable for the Project location and nearby nurseries is available at Calscape: https://calscape.org/ . Local water agencies/cities and resource conservation cities in your area may be able to provide information on plant nurseries that carry locally native species, and some facilities display drought -tolerant locally native species demonstration gardens.
Information on drought -tolerant landscaping and water -efficient irrigation systems is available on California's Save our Water website: https://saveourwater.com/ . CDFW also recommends that the MND include recommendations regarding landscaping from Section 4.0 of the CVMSHCP "Table 4-112: Coachella Valley Native Plants Recommended for Landscaping" (pp. 4-180 to 4- 182; https://cvmshcp.org/plan- documents/).
Response 8:
The comment is noted. The Project is required to comply with both the City's water efficient landscaping standards and CVWD's water conservation requirements in landscaping, which includes water budgeting for landscaped areas. The Project will therefore be regulated to assure low water use in landscaping, as clearly stated in the Initial Study. 12-634
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Comment 9:
ENVIRONMENTAL DATA
CEQA requires that information developed in Mitigated Negative Declarations and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § 21003, subd. (e).) Accordingly, please report any special status species and natural communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be filled out and submitted online at the following link:
https://wildlife.ca.qov/Data/CNDDB/Submittinq-Data . The types of information reported to CNDDB can be found at the following link: https://www.wildlife.ca.gov/Data/CNDDB/Plants-and- Animals.
ENVIRONMENTAL DOCUMENT FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the environmental document filing fee is required in order for the underlying Project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G.
Code, § 711.4; Pub. Resources Code, § 21089.)
CONCLUSION
CDFW appreciates the opportunity to comment on the MND to assist the City in identifying and mitigating Project impacts to biological resources. CDFW concludes that the MND does not adequately identify or mitigate the Project's significant, or potentially significant, impacts to biological resources. CDFW recommends that revised and additional mitigation measures and analysis as described in this letter be added to a revised MND.
CDFW personnel are available for consultation regarding biological resources and strategies to avoid and minimize impacts. Questions regarding this letter or further coordination should be directed to Jacob Skaggs, Senior Environmental Scientist Specialist, at [email protected].
Response 9:
The City will continue to assure that biologists report their findings when studies are prepared, and that CDFW fees are paid when necessary. The commenter's opinions are noted, but as described above, the City has prepared an IS which complies with CEQA and which will mitigate the impacts of the Project to less than significant levels. No changes to the document are necessary.
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APPENDIX A
COMMENT LETTER
12-636
CALIFORNIA
'GEWWThIEN'f OF
FISH &
WILDLIFE
111191
State of California — Natural Resources Agency
DEPARTMENT OF FISH AND WILDLIFE
Inland Deserts Region
3602 Inland Empire Boulevard, Suite C-220
Ontario, CA 91764
www.wildlife.ca.gov
July 9, 2024
Sent via email
Pilar Lopez
Senior Planner
City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, CA 92270
pilarl(c�ranchomirageca.gov
Via Vail Apartments Project (PROJECT)
Mitigated Negative Declaration (MND)
SCH# 2024060305
Dear Pilar Lopez:
GAVIN NEWSOM, Governor
CHARLTON H. BONHAM, Director
The California Department of Fish and Wildlife (CDFW) received a Notice of Availability of a Mitigated Negative Declaration (MND) from the City of Rancho Mirage (City) for the Project pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines.'
Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife.
Likewise, we appreciate the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code.
CDFW ROLE
CDFW is California's Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State. (Fish & G. Code, §§ 711.7, subd. (a) & 1802; Pub. Resources Code, § 21070; CEQA Guidelines § 15386, subd. (a).) CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. (Id., § 1802.) Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on Projects and related 10EQA is codified in the California Public Resources Code in section 21000 et seq. The "CEQA Guidelines" are found in Title 14 of the California Code of Regulations, commencing with section 15000.
Conserving California's Wildlife Since 1870 12_637
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activities that have the potential to adversely affect fish and wildlife resources.
CDFW is also submitting comments as a Responsible Agency under CEQA. (Pub.
Resources Code, § 21069; CEQA Guidelines, § 15381.) CDFW expects that it may need to exercise regulatory authority as provided by the Fish and Game Code. As proposed, for example, the Project may be subject to CDFW's lake and streambed alteration regulatory authority. (Fish & G. Code, § 1600 et seq.) Likewise, to the extent implementation of the Project as proposed may result in "take" as defined by State law of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), the Project proponent may seek related take authorization as provided by the Fish and Game Code.
PROJECT DESCRIPTION SUMMARY
Proponent: The Pacific Companies
Objective: The proposed Project includes a mix of two-story residential buildings, apartment -style units, a clubhouse building, outdoor recreational spaces, and onsite parking. A mix of native and non-native trees and shrubs are proposed in the Project's conceptual landscaping plan. The Project will produce new sources of light and glare primarily from landscaping lighting, safety and security lighting on building exteriors, and vehicles accessing the site.
Location: The proposed Project is located on an existing vacant, undeveloped parcel (APN 685-090-011) located south of Via Vail, between Monterey Avenue and Key Largo Avenue in the City of Rancho Mirage, County of Riverside. The proposed Project is adjacent to vacant land to the west, south, and portions of the east. The geographic coordinates near the approximate center of the project area are 33.798563° north latitude and -116.393781° west longitude.
Timeframe: The MND does not provide details on a timeframe for Project implementation.
COMMENTS AND RECOMMENDATIONS
CDFW has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (i.e., biological resources). CDFW offers the comments and recommendations below to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources. The MND has not adequately identified and disclosed the Project's impacts (i.e., direct, indirect, and cumulative) on biological resources and whether those impacts are reduced to less than significant. 12-638
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CDFW's comments and recommendations on the MND are explained in greater detail below and summarized here. CDFW is concerned that the MND does not adequately identify or mitigate the Project's significant, or potentially significant, impacts to biological resources. CDFW also concludes that the MND lacks sufficient information to facilitate a meaningful review by CDFW, including a complete and accurate assessment of biological resources on the Project site. CDFW requests that additional information and analyses be added to a revised MND, along with avoidance, minimization, and mitigation measures that avoid or reduce impacts to less than significant.
Mitigation Measures
CEQA requires that a MND include mitigation measures to avoid or reduce significant impacts. CDFW is concerned that the mitigation measures proposed in the MND are not adequate to avoid or reduce impacts to biological resources to below a level of significance. To support the City in ensuring that Project impacts to biological resources are reduced to less than significant, CDFW recommends adding mitigation measures for artificial nighttime lighting, a Local Development Mitigation Fee associated with the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), and salvage of sand -dependent Covered Species, as well as revising the mitigation measures for nesting birds and burrowing owl.
1) Nesting Birds
It is the Project proponent's responsibility to comply with all applicable laws related to nesting birds and birds of prey. Fish and Game Code sections 3503, 3503.5, and 3513 afford protective measures as follows: section 3503 states that it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by Fish and Game Code or any regulation made pursuant thereto. Fish and Game Code section 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds -of -prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by Fish and Game Code or any regulation adopted pursuant thereto. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.).
Permittees of the CVMSHCP must ensure that Covered Activities within their jurisdictions —both inside and outside Conservation Areas —do not take, possess, or needlessly destroy the nest or eggs of nesting birds. Per Section 3.5.6 of the California Department of Fish and Wildlife (CDFW) Natural Community Conservation Plan (NCCP) Permit #2835-2008-001-06 for the CVMSHCP, "take outside of Conservation Areas will be consistent with sections 3503 and 3503.5 of the Fish and Game Code." Per Section
13.2 of the CVMSHCP Implementing Agreement, County and Cities' obligations include, but are not limited to, taking "all necessary and appropriate actions, following applicable 12-639
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land use permit enforcement procedures and practices, to enforce the terms of project approvals for public and private projects, including compliance with the MSHCP, the Permits and this Agreement."
nesting birds protected by the MBTA." Page 6 of the Project's Biological Assessment indicates that onsite, shrubs observed include "creosote bush (Larrea tridentata), four - wing saltbush (Atriplex canescens), dyebush (Psorothamnus emoryi), and athel (Tamarix aphylla)". The Project site contains suitable habitat for nesting birds.
The MND includes Mitigation Measure BIO-2, stating that "if ground disturbance or tree or plant removal is proposed between February 1st and August 31st, a qualified biologist must conduct a nesting bird survey within 7 to 10 days of initiation of grading onsite, focusing on MBTA covered species." CDFW considers the Mitigation Measure BIO-2 to be insufficient in scope and timing to reduce impacts to nesting birds to a level less than significant. CDFW is concerned about impacts to nesting birds including loss of nesting/foraging habitat and potential take from ground -disturbing activities and construction. CDFW recommends the completion of nesting bird surveys regardless of the time of year to ensure that impacts to nesting birds are avoided. The timing of the nesting season varies greatly depending on several factors, such as bird species, weather conditions in any given year, and long-term climate changes (e.g., drought, warming, etc.). In response to warming, birds have been reported to breed earlier, thereby reducing temperatures that nests are exposed to during breeding and tracking shifts in availability of resources (Socolar et al., 20172). CDFW staff have observed that climate change conditions may result in nesting bird season occurring earlier and later in the year than historical nesting season dates. CDFW recommends that disturbance of occupied nests of migratory birds and raptors within the Project site and surrounding area be avoided any time birds are nesting on -site. CDFW therefore recommends the completion of nesting bird surveys regardless of the time of year to ensure compliance with all applicable laws pertaining to nesting and migratory birds.
CDFW recommends that the City revise Mitigation Measure BIO-2 with the following additions in bold and removals in strikethrough:
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. 2 Socolar JB, Epanchin PN, Beissinger SR and Tingley MW (2017). Phenological shifts conserve thermal niches.
Proceedings of the National Academy of Sciences 114(49): 12976-12981. 12-640
Pilar Lopez, Senior Planner
City of Rancho Mirage
July 9, 2024
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 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. the vicinity of a nest must be postponed until the young birds have fledged. For nesting bird survey is reeguireed. In t e e� mac iye songbird nests are fo, end ,
nestlings have fledged! Nests of raptors must be provided a 5.00_foot buffer 2) Burrowing Owl
Burrowing owl is a California Species of Special Concern. Take of individual burrowing owls and their nests is defined by Fish and Game Code section 86, and prohibited by sections 3503, 3503.5, and 3513. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.). Take is defined in Fish and Game Code section 86 as "hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill."
Permittees of the CVMSHCP must ensure that Covered Activities within their jurisdictions —both inside and outside Conservation Areas —do not result in the take of the burrowing owl individuals, nests, or eggs. Per Section 3.5.6 of the California Department of Fish and Wildlife (CDFW) Natural Community Conservation Plan (NCCP) Permit #2835-2008-001-06 for the CVMSHCP, "take outside of Conservation Areas will be consistent with sections 3503 and 3503.5 of the Fish and Game Code." Adding further clarification, Section 3.5.6 of CDFW's NCCP Permit indicates that "following all 12-641
Pilar Lopez, Senior Planner
City of Rancho Mirage
July 9, 2024
laws applicable to migratory birds (discussed below), the pairs or individuals will not be Taken, just the land around and including the burrows", and "the HCP/NCCP does not authorize Take of nests and eggs as prohibited by Fish and Game Code sections 3503 and 3503.5 and therefore avoidance measures will have to be undertaken for all projects which have breeding burrowing owls present." An activity that results in the take of burrowing owl individuals, nests, or eggs would be unlawful and would not be a Covered Activity under the CVMSHCP. Per Section 13.2 of the CVMSHCP Implementing Agreement, County and Cities' obligations include, but are not limited to, taking "all necessary and appropriate actions, following applicable land use permit enforcement procedures and practices, to enforce the terms of project approvals for public and private projects, including compliance with the MSHCP, the Permits and this Agreement." The City has an obligation under the CVMSHCP to ensure the Project does not result in the take of burrowing owl individuals, nests, and eggs.
properties were also assessed for burrowing owl (Athene cunicularia). Inaccessible areas were scanned for burrowing owl habitat and sign (i.e., burrows & perches with whitewash) with binoculars." Page 17 of the Biological Assessment indicates that "no burrowing owls or their sign were present on site. Also, no burrows or burrow surrogates that could be used by burrowing owls were present on the site at the time of this survey." The MND and supporting documents lack a discussion of the methods used to conduct a habitat assessment and surveys for burrowing owl and if focused surveys, conducted independently of other surveys, were completed. CDFW recommends that a habitat assessment and focused surveys for burrowing owl are conducted independently of other biological survey activities. Given the MND's lack of findings from a recent habitat assessment and focused surveys for burrowing owl following the guidelines in the Staff Report on Burrowing Owl Mitigation,3 the number of suitable and occupied burrows within the Project site and surrounding areas is unknown. Despite the limited information provided in the MND on if and how a habitat assessment for burrowing owl was conducted, CDFW considers the Project site to contain suitable habitat for burrowing owl. CDFW notes that in California, preferred habitat for burrowing owl is generally typified by short, sparse vegetation with few shrubs,4 and that burrowing owls may occur in ruderal grassy fields, vacant lots, and pastures if the vegetation 3 California Department of Fish and Game (CDFG). 2012. Staff report on burrowing owl mitigation. State of California, Natural Resources Agency. Available for download at:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=83843&inline 4 Haug, E. A., B. A. Millsap, and M. S. Martell. 1993. Burrowing owl (Speotyto cunicularia), in A. Poole and F. Gill, editors, The Birds of North America, The Academy of Natural Sciences, Philadelphia, Pennsylvania, and The American Ornithologists' Union, Washington, D.C., USA.
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Pilar Lopez, Senior Planner
City of Rancho Mirage
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structure is suitable and there are useable burrows and foraging habitat proximity.5 In addition, burrowing owls frequently move into disturbed areas prior to and during construction activities since they are adapted to highly modified habitats.6'7 Based on review of historical aerial imagery using Google Earth Pro, the Project site and surrounding areas to the south and west contain intact native habitat with sparce vegetation cover that is suitable nesting and foraging habitat for burrowing owl.
Because suitable habitat for burrowing owl exists within the Project site, CDFW recommends the MND is revised to include the findings of focused surveys for burrowing owl following guidelines outlined in the Staff Report on Burrowing Owl Mitigation. Focused surveys for burrowing owl provide information needed to determine the potential effects of proposed projects and activities on burrowing owls, and to avoid take in accordance with Fish and Game Code sections 86, 3503, 3503.5, and 3513. If focused surveys confirm occupied burrowing owl habitat in or adjacent to the Project area, CDFW recommends that the MND is revised to include an impact assessment per guidelines in the Staff Report on Burrowing Owl Mitigation. Impact assessments evaluate the extent to which burrowing owls and their habitat may be impacted, directly or indirectly, on and within a reasonable distance of the proposed Project. Focused surveys and an impact assessment will also inform appropriate avoidance, minimization, and mitigation measures for the Project and help demonstrate that impacts to burrowing owls are less than significant.
Although the MND includes Mitigation Measure BIO-1 for burrowing owl, CDFW considers the measure to be insufficient in scope and timing to reduce impacts to a level less than significant. CDFW recommends that the City revise Mitigation Measure BIO-1 with the following additions in bold and removals in strikethrough:
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 begin coordination with CDFW and USFWS immediately, and shall prepare a Burrowing Owl Plan that shall be submitted to CDFW for review and approval prior to commencing Project 5 Gervais, J. A., D. K. Rosenberg, R. G. Anthony. 2003. Space use and pesticide exposure risk of male burrowing owls in an agricultural landscape. Journal of Wildlife Management 67: 155-164. 6 Chipman, E. D., N. E. McIntyre, R. E. Strauss, M. C. Wallace, J. D. Ray, and C. W. Boal. 2008. Effects of human land use on western burrowing owl foraging and activity budgets. Journal of Raptor Research 42(2): 87-98. 7 Coulombe, H. N. 1971. Behavior and population ecology of the Burrowing Owl, Speotyto cunicularia, in the Imperial Valley of California. Condor 73:162-176.
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Pilar Lopez, Senior Planner
City of Rancho Mirage
July 9, 2024
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 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 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.
To mitigate potential impacts to burrowing owl, two pre -construction survcy:
protocol. The first survcy must occur bctwccn 14 to 30 days prior to ground disturbance and the second survcy must occur within 24 hours of the initiation of ground disturbance activities. If no owls arc detected during those surveys, measures will be required. A Burrowing Owl Relocation and Management Plan will be prcpared to establish thc standard proccdure for how thc burrowing owl wil act eli� r no�S �pl � ca o per the `alifornia Ilo �men� of Fish and Wildlife guidelines.
3) Artificial Nighttime Lighting
Pate 27 of the MND indicates that the proposed Project will result in new sources of artificial nighttime lighting, including "light and glare primarily from landscaping lighting, 12-644
Pilar Lopez, Senior Planner
City of Rancho Mirage
July 9, 2024
safety and security lighting on building exteriors, and vehicles accessing the site." The Project is located adjacent to open -space areas to the south and west of the Project site —areas that provide suitable nesting, roosting, foraging, and refugia habitat for birds, migratory birds that fly at night, bats, and other nocturnal and crepuscular wildlife.
The Project's proposed artificial nighttime lighting has the potential to significantly and adversely affect wildlife in the open -space areas adjacent to the Project site. Artificial lighting alters ecological processes including, but not limited to, the temporal niches of species; the repair and recovery of physiological function; the measurement of time through interference with the detection of circadian and lunar and seasonal cycles; the detection of resources and natural enemies; and navigation.8 Many species use photoperiod cues for communication (e.g., bird song9), determining when to begin foraging,10behavioral thermoregulation,11 and migration.12 Phototaxis, a phenomenon that results in attraction and movement towards light, can disorient, entrap, and temporarily blind wildlife species that experience it.14
Section 17.18.050 (Exterior glare, heat, and light) which mandates the exterior use of light to be focused downward by a shield." While these plans for shielding artificial nighttime lighting support the Project in limiting lighting impacts to biological resources within areas surrounding the Project site, CDFW considers these plans insufficient in scope and timing to reduce impacts to a level less than significant. To support the City in avoiding or reducing impacts of artificial nighttime lighting on biological resources to less than significant, CDFW recommends the City add the following mitigation measure to a revised MND:
Mitigation Measure B10 -[A]: 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 and directed away from surrounding 8 Gatson, K. J., Bennie, J., Davies, T., Hopkins, J. 2013. The ecological impacts of nighttime light pollution: a mechanistic appraisal. Biological Reviews, 88.4: 912-927. 9 Miller, M. W. 2006. Apparent effects of light pollution on singing behavior of American robins. The Condor 108:130- 139.
10 Stone, E. L., G. Jones, and S. Harris. 2009. Street lighting disturbs commuting bats. Current Biology 19:1123- 1127.
11 Beiswenger, R. E. 1977. Diet patterns of aggregative behavior in tadpoles of Bufo americanus, in relation to light and temperature. Ecology 58:98-108.
12 Longcore, T., and C. Rich. 2004. Ecological light pollution - Review. Frontiers in Ecology and the Environment 2:191-198.
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Pilar Lopez, Senior Planner
City of Rancho Mirage
July 9, 2024
open -space and agricultural areas, 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.orq/) . 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. 4) Coachella Valley Multiple Species Habitat Conservation Plan Salvage of Sand -Dependent Covered Species
Section 6.6.1 of the CVMSHCP (Obligations of Local Permittees) states that within and outside Conservation Areas "on parcels approved for Development, the Permittees shall encourage the opportunity to salvage Covered sand -dependent species in accordance with the Implementation Manual." Page 41 of the MND indicates that Coachella Valley round -tailed ground squirrel (Spermophilus tereticaudus chlorus), Palm Springs pocket mouse (Perognathus longimembris), and Coachella Valley milkvetch (Astragalus lentiginosus var. coachellae) have a low potential to occur onsite. Also, the Project site contains CVMSHCP modeled habitat for two additional CVMSHCP Covered Species including Coachella Valley fringe -toed lizard (Uma inornata) and flat -tailed horned lizard (Phrynosoma mcallii). To be consistent with the CVMSHCP, CDFW recommends that the City include in a revised MND the following mitigation measure:
Mitigation Measure B10 -[B]: Salvage of Sand -Dependent Covered Species Prior to vegetation removal or ground -disturbing activities, the City of Rancho Mirage will collaborate with the Coachella Valley Conservation Commission to plan and implement a salvage of sand -dependent Covered Species within the Project site.
Local Development Mitigation Fee
The Project is located within the CVMSHCP Plan Boundary and outside of a Conservation Area. Page 96 of the MND indicates that "the Project will be required to pay the Development mitigation Fee to mitigate for potential impacts to species covered under the CVMSHCP". To document the City's obligation as a Local Permittee under the CVMSHCP to impose a local development mitigation fee for this Project, CDFW recommends the City add the following mitigation measure to a revised MND:
Mitigation Measure B10 -[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 12-646
Pilar Lopez, Senior Planner
City of Rancho Mirage
July 9, 2024
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.
5) Landscaping
Exhibit 6 of the MND is a conceptual landscape plan for the Project showing the use of a combination of native and non-native trees and shrubs. CDFW recommends incorporation of water -wise concepts in any Project landscape design plans. In particular, CDFW recommends xeriscaping with locally native California species and installing water -efficient and targeted irrigation systems (such as drip irrigation). Native plants support butterflies, birds, reptiles, amphibians, small mammals, bees, and other pollinators that evolved with those plants. More information on native plants suitable for the Project location and nearby nurseries is available at Calscape: https://calscape.org/ .
Local water agencies/cities and resource conservation cities in your area may be able to provide information on plant nurseries that carry locally native species, and some facilities display drought -tolerant locally native species demonstration gardens.
Information on drought -tolerant landscaping and water -efficient irrigation systems is available on California's Save our Water website: https://saveourwater.com/ . CDFW also recommends that the MND include recommendations regarding landscaping from Section 4.0 of the CVMSHCP "Table 4-112: Coachella Valley Native Plants Recommended for Landscaping" (pp. 4-180 to 4-182; https://cvmshcp.org/plan- documents/).
ENVIRONMENTAL DATA
CEQA requires that information developed in Mitigated Negative Declarations and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § 21003, subd. (e).) Accordingly, please report any special status species and natural communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be filled out and submitted online at the following link: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data . The types of information reported to CNDDB can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals .
ENVIRONMENTAL DOCUMENT FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the environmental document filing fee is required in order for the underlying Project approval to be operative, vested, and final. 12-647
Pilar Lopez, Senior Planner
City of Rancho Mirage
July 9, 2024
(Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089.)
CONCLUSION
CDFW appreciates the opportunity to comment on the MND to assist the City in identifying and mitigating Project impacts to biological resources. CDFW concludes that the MND does not adequately identify or mitigate the Project's significant, or potentially significant, impacts to biological resources. CDFW recommends that revised and additional mitigation measures and analysis as described in this letter be added to a revised MND.
CDFW personnel are available for consultation regarding biological resources and strategies to avoid and minimize impacts. Questions regarding this letter or further coordination should be directed to Jacob Skaggs, Senior Environmental Scientist Specialist, at [email protected].
Sincerely,
DocuSigned by:
[, FYLOgUVln.
84F92FFEEFD24C8.._
Kim Freeburn
Environmental Program Manager
Attachment 1: MMRP for CDFW-Proposed Mitigation Measures ec:
Heather Brashear, Senior Environmental Scientist (Supervisor), CDFW Heather.Brashear©Wildlife.ca.gov
Office of Planning and Research, State Clearinghouse, Sacramento state.clearinghouse©opr.ca.gov
Vincent James, U.S. Fish and Wildlife Service
[email protected]
Peter Satin, Coachella Valley Conservation Commission
[email protected]
ATTACHMENT 1: MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) 12-648
Pilar Lopez, Senior Planner
City of Rancho Mirage
July 9, 2024
Mitigation Measures
Timing and
Methods
Responsible
Parties
Mitigation Measure BIO-2: Nesting Birds
Timing: No more
Implementation:
than 3 days prior
City of Rancho
Regardless of the time of year, nesting bird surveys
to vegetation
Mirage and Project
shall be performed by a qualified avian biologist no
removal or
proponent
more than 3 days prior to vegetation removal or
ground -disturbing
ground -disturbing activities. Pre -construction
activities.
Monitoring and
surveys shall focus on both direct and indirect
Reporting: City of
evidence of nesting, including nest locations and
Methods: See
Rancho Mirage
nesting behavior. The qualified avian biologist will
Mitigation
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.
Measure
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
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
Timing: Focused
Implementation:
surveys: Prior to
City of Rancho
Suitable burrowing owl habitat has been confirmed
vegetation
Mirage and Project
on the site; therefore, focused burrowing owl surveys
removal or
proponent
shall be conducted by a qualified biologist according
ground -disturbing
to the Staff Report on Burrowing Owl Mitigation prior
activities. Pre-
Monitoring and
to vegetation removal or ground -disturbing activities. construction
Reporting: City of
If burrowing owls are detected during the focused
surveys: No less
Rancho Mirage
surveys, the qualified biologist and Project
than 14 days prior
proponent shall begin coordination with CDFW and
to start of Project-
USFWS immediately, and shall prepare a Burrowing
related activities
Owl Plan that shall be submitted to CDFW for review
and within 24
and approval prior to commencing Project activities.
hours prior to
The Burrowing Owl Plan shall describe proposed
avoidance, minimization, mitigation, and monitoring
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Pilar Lopez, Senior Planner
City of Rancho Mirage
July 9, 2024
actions. The Burrowing Owl Plan shall include the
ground
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
disturbance.
Methods: See
and other avoidance measures. If impacts to
Mitigation
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.
Measure
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
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 B10 -[A]: Artificial Nighttime
Timing:
Implementation:
Lighting
Throughout
City of Rancho
construction and
Mirage and Project
Throughout construction and the lifetime operations
the lifetime
proponent
of the Project, the City of Rancho Mirage and Project
operations of the
proponent shall eliminate all nonessential lighting
Project.
Monitoring and
throughout the Project area and avoid or limit the use
Reporting: City of
of artificial light at night during the hours of dawn
Methods: See
Rancho Mirage
and dusk when many wildlife species are most active.
Mitigation
The City of Rancho Mirage and Project proponent
shall ensure that all lighting for the Project is fully shielded, cast downward and directed away from
surrounding open -space and agricultural areas,
reduced in intensity to the greatest extent possible,
Measure
12-650
Pilar Lopez, Senior Planner
City of Rancho Mirage
July 9, 2024
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.orq/) . 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.
Mitigation Measure BIO-[B]: Salvage of Sand-
Timing: Prior to
Implementation:
Dependent Covered Species
vegetation
City of Rancho
removal of ground-
Mirage and Project
Prior to vegetation removal or ground -disturbing
disturbing
proponent
activities, the City of Rancho Mirage will collaborate
activities
with the Coachella Valley Conservation Commission
Monitoring and
to plan and implement a salvage of sand -dependent
Methods: See
Reporting: City of
Covered Species within the Project site.
Mitigation
Rancho Mirage
Measure
Mitigation Measure B10 -[C]: CVMSHCP Compliance
Timing: Prior to
Implementation:
construction and
City of Rancho
Prior to construction and issuance of any grading
issuance of any
Mirage
permit, the City of Rancho Mirage shall ensure
grading permit
compliance with the Coachella Valley Multiple
Monitoring and
Species Habitat Conservation Plan (CVMSHCP) and
Methods: See
Reporting: City of
its associated Implementing Agreement and shall
Mitigation
Rancho Mirage
ensure the collection of payment of the CVMSHCP
Measure
Local Development Mitigation Fee and transfer of
revenues to the Coachella Valley Conservation
Commission.
12-651
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1 8
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1 8
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1 8
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1 8
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1 8
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1 8
R
UP
1 8
R
UP
1 8
R
UP
1 8
R
UP
1 8
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34'-8"
8'
24 '
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UP
1 8
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UP
1 8
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UP
1 8
R
UP
1 8
R
UP
1 8
R
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1 8
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8'-
1 "
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24 '
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1 8
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1 8
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1 8
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UP
1 8
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1 8
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UP
1 8
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UP
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UP
1 8
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1 8
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1 8
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1 8
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UP
1 8
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UP
1 8
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UP
1 8
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1 8
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UP
1 8
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T
T
34'-8"
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12 '
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6 "
8'-0"
11'-6"11'-6"
7'-
1 1
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24'-0"
24 '
-
0 "
24 '
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0 "
24'-0"
24'-2"
24 '
-
3 "
8'-
1 "
24 '
-
3 "
24'-0"
24'-0"
24 '
-
0 "
24'-0"24'-3"
24'-0"
8'
24'-0"
24 '
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0 "
24 '
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0 "
12 '
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6 "
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B12
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1 "
173'-2"
21'-3"
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24 '
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11 '
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0 "
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1 8
R
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1 8
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UP
1 8
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1 8
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1 8
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1 8
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1 8
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12 '
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l
i
a
n
t
.
2 .
N
o
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l
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v
a
t
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r
s
a
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p
r
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p
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e
d
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I
L
D
I
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G
A
!
C
O
N
C
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P
T
U
A
L
P
L
A
N
1”
=
1 0
’
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RA
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C
A
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A
V
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L
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A
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12-663
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.
:
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T
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:
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BU
I
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!
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1”
=
1 0
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C
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A
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12-664
0 1
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2 0
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1 3
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A
L
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:
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.
:
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LE
A
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G
&
A
M
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N
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N
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s
:
1 .
A
l
l
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r
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d
f
l
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n
i
t
s
a
r
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a
d
a
c
o
m
p
l
i
a
n
t
.
2 .
N
o
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l
e
v
a
t
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r
s
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p
r
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p
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s
e
d
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I
L
D
I
N
G
B
!
C
O
N
C
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P
T
U
A
L
P
L
A
N
1/8
”
=
1 ’
LE
V
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L
1 LE
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L
2 RA
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C
H
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,
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A
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A
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L
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M
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12-665
0 1
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2 0
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A
-
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SC
A
L
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:
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B
N
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.
:
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:
20 2
3 -
0 3
6 1
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T.O
.
W
A
L
L
28 '
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3 "
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.
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.
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23 '
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6 "
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20 '
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26 '
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23 '
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23 '
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F
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28 '
-
3 "
A
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26 '
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26 '
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:
1 .
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l
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a
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.
2 .
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v
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!
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=
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A
V
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P
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M
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12-666
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A
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:
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B
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.
:
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:
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10'-1"10'-1"
M
A
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T
(+
2 8
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)
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)
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1 (+
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)
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(+
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)
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(+
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)
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(+
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12-667
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A
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M
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:
1 .
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l
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f
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m
p
l
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a
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t
.
2 .
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o
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l
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v
a
t
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r
s
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p
r
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p
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I
L
D
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C
!
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T
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P
L
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C
H
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C
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12-668
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A
L
LE
A
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N
G
&
A
M
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N
I
T
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N
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t
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s
:
1 .
A
l
l
g
r
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d
f
l
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r
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n
i
t
s
a
r
e
a
d
a
c
o
m
p
l
i
a
n
t
.
2 .
N
o
e
l
e
v
a
t
o
r
s
a
r
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p
r
o
p
o
s
e
d
BU
I
L
D
I
N
G
C
!
C
O
N
C
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P
T
U
A
L
P
L
A
N
1”
=
1 0
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O
F
RA
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C
H
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M
I
R
A
G
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,
C
A
VI
A
V
A
I
L
A
P
A
R
T
M
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N
T
S
12-669
A
-
1 8
SC
A
L
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:
JO
B
N
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.
:
DA
T
E
:
0 1
0 2
0 ’
3 0
’
4 0
’
20 2
3 -
0 3
6 1
04 -
1 8
-
2 0
2 4
BU
I
L
D
I
N
G
C
!
C
O
N
C
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P
T
U
A
L
E
L
E
V
A
T
I
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S
1”
=
1 0
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1 2 3
4 RA
N
C
H
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C
A
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A
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L
A
P
A
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T
M
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N
T
S
12-670
0 1
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2 0
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-
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SC
A
L
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:
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B
N
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.
:
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T
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:
20 2
3 -
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6 1
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2 4
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G
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R
K
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A
L
LE
A
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I
N
G
&
A
M
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N
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T
I
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S
N
o
t
e
s
:
1 .
A
l
l
g
r
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d
f
l
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t
s
a
r
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a
d
a
c
o
m
p
l
i
a
n
t
.
2 .
N
o
e
l
e
v
a
t
o
r
s
a
r
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p
r
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p
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s
e
d
BU
I
L
D
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N
G
D
!
C
O
N
C
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P
T
U
A
L
P
L
A
N
1”
=
1 0
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LE
V
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1 LE
V
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L
2 RA
N
C
H
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M
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A
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,
C
A
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A
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A
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L
A
P
A
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T
M
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12-671
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2 0
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2 0
SC
A
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B
N
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:
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3 -
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6 1
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2 4
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.
W
A
L
L
28 '
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A
.
F
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F
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.
P
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26 '
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26 '
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F
26 '
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A
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28 '
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26 '
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A
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&
A
M
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N
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N
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t
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:
1 .
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l
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r
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n
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t
s
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r
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a
d
a
c
o
m
p
l
i
a
n
t
.
2 .
N
o
e
l
e
v
a
t
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r
s
a
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p
r
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p
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s
e
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BU
I
L
D
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G
D
!
C
O
N
C
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P
T
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A
L
P
L
A
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1”
=
1 0
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RO
O
F
RA
N
C
H
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M
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R
A
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,
C
A
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A
V
A
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12-673
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12-674
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12-675
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2. 2
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2. 1
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1. 8
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2. 3
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2. 1
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1. 8
2. 8
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2. 6
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3. 3
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1. 8
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1. 8
1. 8
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1. 8
1. 6
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0. 8
0. 8
1. 1
1. 3
1. 1
1. 0
1. 2
1. 4
2. 0
2. 0
1. 4
1. 4
2. 1
2. 7
2. 7
2. 7
2. 3
1. 6
1. 0
2. 4
2. 0
2. 1
2. 0
1. 5
1. 3
1. 0
0. 7
0. 9
1. 2
1. 5
1. 6
1. 7
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2. 9
2. 3
1. 7
0. 7
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0. 8
2. 2
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1. 6
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1. 3
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1. 9
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1. 7
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1. 8
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1. 5
1. 7
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