Agenda packet — Rancho Mirage City Council, February 20, 2025 (part 4 of 4)

71777 Dinah Shore Drive

3. Makena (formerly Stonebridge)
Under Construction
In good standing

4. Del Webb
Project complete
In good standing

5. Ferrari
Project complete —
MOD21-0043 & DA
Amendment DA21-0004
In good standing

6. The Residences at Rancho Mirage
Country Club
Stagnant
In good standing

7. Section 31 Specific Plan
Under construction
In good standing

8. In -N -Out Burger
Project complete
In good standing

9. Tentative Tract Map 36620
Project complete
In good standing

10. Porcupine Wellness Center
Under construction
In good standing

11. Rancho Mirage Auto Center
Under construction
In good standing

12. Eisenhower MCA
Under construction
In good standing

13. Desert Island Hotel
Waiting for FDP Submittal
In good standing
PLANNING COMMISSION:

The Planning Commission reviewed the subject request at their regularly scheduled meeting on January 9, 2025. Staff presented highlights of the staff report and members of the public provided public testimony at the meeting as detailed in the meeting minutes (Attachment 4).

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

MOVED/SECONDED BY GREY/CURRAN TO RECOMMEND THAT THE CITY COUNCIL

FIND THAT THE SUBJECT DEVELOPERS AND/OR PROPERTY OWNERS ARE

CURRENTLY IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE FOLLOWING THIRTEEN (13) DEVELOPMENT AGREEMENTS: RANCHO MIRAGE SELF

STORAGE, WESTIN VACATION CLUB, MAKENA (STONEBRIDGE), DEL WEBB, FERRARI, THE RESIDENCES AT RANCHO MIRAGE COUNTRY CLUB, SECTION 31 SPECIFIC PLAN, IN -N -OUT BURGER, TENTATIVE TRACT MAP 36620, PORCUPINE

CREEK WELLNESS CENTER, RANCHO MIRAGE AUTO CENTER, EISENHOWER MCA, AND DESERT ISLAND HOTEL.

MOTION CARRIED 5/0.

AGENDA ITEM #

DATE: February 20, 2025 Page 3 of 3
Periodic Review of Development Agreements

JUSTIFICATION OR INFORMATION CONTINUED
ATTACHMENT(S):

1. Aerial Photos of Active Development Agreement Sites

2. Courtesy Notices dated January 21, 2025

3. Planning Commission Staff Report dated January 9, 2025

4. Planning Commission Minutes from January 9, 2025
AGENDA ITEM #

ATTACHMENT 1
Aerial Photos of
Active Development Agreement Sites

Rancho Mirage Self Storage - Thomas Investments
43375 Rio Del Sol
85 -DA -01 - Ordinance No. 314

Westin Vacation Club - WVC Rancho Mirage
71777 Dinah Shore Drive
DA970002 - Ordinance No. 699
Dinah Shore Drive

Makena (formerly Stonebridge) - Stonebridge, Inc.

East of John L. Sinn Road & South of Country Club Drive DA060002 - Ordinance No. 939

Del Webb
Pulte Home Corporation & SCC Rancho Mirage Holdings LP
Northeast Dinah Shore Drive and Los Alamos Road
DA160001 - Ordinance No. 1105

Ferrari at Rancho Mirage - BBB Rancho Mirage, LLC
DA180001 - Ordinance No. 1136

The Residences at Rancho Mirage Country Club
Oasis Ranch, LLC
Southeast of Bob Hope Drive and Frank Sinatra Drive
DA18002 - Ordinance No. 1149

Section 31 Specific Plan
EC Rancho Mirage Limited Partnership
South of Gerald Ford Drive, west of Monterey Avenue, north of Frank Sinatra Drive, and east of Hope Drive
DA190003 — Ordinance No. 1168

In -N -Out Burger
42560 Bob Hope Drive, Rancho Mirage, CA 92270
DA190001 — Ordinance No. 1158

TTM36620 — 3RM 38 JV, LLC.

Eastside of Via Josefina between an existing equestrian center and Versailles neighborhood.

DA190002 — Ordinance No. 1172

Porcupine Creek
42765 Dunes View Road, Rancho Mirage, CA 92270
DA200001 — Ordinance No. 1179

Rancho Mirage Auto Center — Innovative Automotive
Holdings, LLC
DA21-0001 - Ordinance No. 1184

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DA22-0003 — Ordinance 1205

ATTACHMENT 2
Courtesy Notices

CITY OF RAMC O MIRAGE

COURTESY NOTICE
January 21, 2025
Vicky L. Thomas
22908 Lockness Avenue
Torrance, CA 90501
RE: Periodic Review of Development Agreements
To Whom It May Concern:

Section 17.56.070 of the Rancho Mirage Municipal Code requires the periodic review of Development Agreements (DAs) to determine if the developer is performing in good faith with the terms and conditions of the respective DA.

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

You were previously mailed a courtesy notice back in December informing you of an upcoming Planning Commission & City Council meeting. The Planning Commission meeting was held on January 9, 2025, but the previously noted City Council meeting (February 6) has been cancelled.

The purpose of this courtesy notice is to inform you of the rescheduled City Council meeting whereby the status of your development agreement will be presented to the City Council at their regularly scheduled meeting on Thursday, February 20, 2025, at 1:00 p.m. in the Council Chamber, 69-825 Highway 111, Rancho Mirage, California.

Please do not hesitate to contact me with any questions at LezleeP(a�RanchoMiraceCA.cov or by phone at (760) 328-2266 x 257.

Sincerely,
4e ee Penej
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
10-19

Rancho Mirage Self Storage - Thomas Investments
43375 Rio Del Sol
85 -DA -01 - Ordinance No. 314
10-20

CITY OF RAMC O MIRAGE

COURTESY NOTICE
January 21, 2025
Mission Hills Master Association
8801 Vistana Centre Dr, #2
Orlando, FL 32821
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(c�RanchoMirageCA.cov or by phone at (760) 328-2266 x 257.

Sincerely,
.deftee Peire5
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
v,ww.RanchoMirageCA.gov • (760) 328-2266
10-21

Westin Vacation Club - WVC Rancho Mirage
71777 Dinah Shore Drive
DA970002 - Ordinance No. 699
dritWiliesaui6fil mu
6„. 1*.

T �. . I0,11iifl N!U i r
IIU the �t
r
10-22

CITY OF RAMC O MIRAGC

COURTESY NOTICE
January 21, 2025
Westin Vacation Club - WVC Rancho Mirage
9002 San Marcos Court
Orlando, FL 32819
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(a�RanchoMirageCA.cov or by phone at (760) 328-2266 x 257.

Sincerely,
.defiee Pegg
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
10-23

Westin Vacation Club - WVC Rancho Mirage
71777 Dinah Shore Drive
DA970002 - Ordinance No. 699
10-24

CITY OF Rf1NC O MIRAGE

COURTESY NOTICE
January 21, 2025
Makena (formerly Stonebridge)
P.O. 2457
Rancho Mirage, CA 92270
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(a RanchoMirageCA.gov or by phone at (760) 328-2266 x 257.

Sincerely,
4egke Pvtg
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
yvvvw.RanchoMirageCA.gov • (760) 328-2266
10-25

Makena (formerly Stonebridge) - Stonebridge, Inc.

East of John L. Sinn Road & South of Country Club Drive DA060002 - Ordinance No. 939
10-26

CITY OF RAMC O MIRAGE

COURTESY NOTICE
January 21, 2025
Jay Steinman, Esq.

Dzida, Carey, & Steinman
3 Park Plaza, Suite 750
Irvine, CA 92614
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP( RanchoMirageCA.gov or by phone at (760) 328-2266 x 257.

Sincerely,
Zeftee Peiref
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
10-27

2 Del Webb
Pulte Home Corporation & SCC Rancho Mirage Holdings LP
Northeast Dinah Shore Drive and Los Alamos Road
DA160001 - Ordinance No. 1105
10-28

CITY OF RAMC O MIRAGE

COURTESY NOTICE
January 21, 2025
Pulte Home Corporation
Attn: Darren Warren
27101 Puerta Real, Suite 300
Mission Viejo, CA 92691
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP as RanchoMiraceCA.cov or by phone at (760) 328-2266 x 257.

Sincerely,
.deftee P
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
Nwvw.RanchoMirageCA.gov • (760) 328-2266
10-29

Del Webb
Pulte Home Corporation & SCC Rancho Mirage Holdings LP
Northeast Dinah Shore Drive and Los Alamos Road
DA160001 - Ordinance No. 1105
10-30

CITY OF RAMC O MIRAGE

COURTESY NOTICE
January 21, 2025
SCC Rancho Mirage Holdings Limited Partnership
Attn: Robert Pippin
73111 El Paseo, Suite 205
Palm Desert, CA 92260
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(c�RanchoMiraceCA.gov or by phone at (760) 328-2266 x 257.

Sincerely,
Zefeee Peiref
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
10-31

Del Webb
Pulte Home Corporation & SCC Rancho Mirage Holdings LP
Northeast Dinah Shore Drive and Los Alamos Road
DA160001 - Ordinance No. 1105
10-32

CITY OF RANG O MIRAGE

COURTESY NOTICE
January 21, 2025
BBB Rancho Mirage RE, LLC
3120 Airway Ave
Costa Mesa, CA 92263
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(c�RanchoMiraceCA.cov or by phone at (760) 328-2266 x 257.

Sincerely,
Zefize Peitef
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
10-33

Ferrari at Rancho Mirage - BBB Rancho Mirage, LLC
DA180001 - Ordinance No. 1136
10-34

CITY OF RAMC O MIRAGE
zl

COURTESY NOTICE
January 21, 2025
Seali Rasmussen, PC
800 Wilshire Boulevard, Suite 400
Los Angeles CA 90017
Attention: Halbert Rasmussen
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(a�RanchoMirageCA.gov or by phone at (760) 328-2266 x 257.

Sincerely,
4eftee Pe/ref
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
v'ww.RanchoMirageCA.gov • (760) 328-2266
10-35

Ferrari at Rancho Mirage - BBB Rancho Mirage, LLC
DA180001 - Ordinance No. 1136
10-36

CITY OF RANC O MIRAGC

COURTESY NOTICE
January 21, 2025
Brian Harnik, Esq.

Roemer & Harnik LLP
45025 Manitou Drive
Indian Wells, CA 92210
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(a:RanchoMiraceCA.gov or by phone at (760) 328-2266 x 257.

Sincerely,
-d Peiref
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
wvw.RanchoMirageCA.gov • (760) 328-2266
10-37

2 The Residences at Rancho Mirage Country Club
Oasis Ranch, LLC
Southeast of Bob Hope Drive and Frank Sinatra Drive
DA18002 - Ordinance No. 1149
10-38

CITY OF RAMC O MIRAGE

COURTESY NOTICE
January 21, 2025
Rancho Mirage Country Club HOA Board of Directors
Attn: Bill Kingston, Association Manager
38502 Bob Hope Drive
Rancho Mirage, CA 92270
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(a�RanchoMiraceCA.cov or by phone at (760) 328-2266 x 257.

Sincerely,
4e.€ee Pe/1g
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
10-39

2 The Residences at Rancho Mirage Country Club
Oasis Ranch, LLC
Southeast of Bob Hope Drive and Frank Sinatra Drive
DA18002 - Ordinance No. 1149
10-40

CITY OF R4NC O MIRAGE

COURTESY NOTICE
January 21, 2025
Ronald Richards, Esq.

Law Offices of Ronalds Richards & Associates, A.P.C.

P.O. Box 11480
Beverly Hills, CA 90213
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(a�RanchoMirageCA.gov or by phone at (760) 328-2266 x 257.

Sincerely,
ZeIke Pezei
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
vnvw.RanchoMirageCA.gov • (760) 328-2266
10-41

2 The Residences at Rancho Mirage Country Club
Oasis Ranch, LLC
Southeast of Bob Hope Drive and Frank Sinatra Drive
DA18002 - Ordinance No. 1149
10-42

CITY OF ROC O MIRAGC

COURTESY NOTICE
January 21, 2025
DMB Development, LLC
7600 E. Doubletree Ranch Road STE 250
Scottsdale, Arizona 85258
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(cr�RanchoMiraceCA.cov or by phone at (760) 328-2266 x 257.

Sincerely,
4efeee Peitei
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage; CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
10-43

2 Section 31 Specific Plan
EC Rancho Mirage Limited Partnership
South of Gerald Ford Drive, west of Monterey Avenue, north of Frank Sinatra Drive, and east of Hope Drive
DA190003 — Ordinance No. 1168
10-44

CITY OF RAMC O MIRAGE

COURTESY NOTICE
January 21, 2025
EC Rancho Mirage Limited Partnership
1910-1177 West Hastings St.

Vancouver, B.C. V6E-2K3
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(cr�RanchoMiraceCA.gov or by phone at (760) 328-2266 x 257.

Sincerely,
4e/flee pmel
Lezlee Perez
Assistant Planner
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
wv✓w.RanchoMirageCA.gov • (760) 328-2266
10-45

CITY OF RAMC O MIRAGE

COURTESY NOTICE
January 21, 2025
In -N -Out Burgers
Attn: Real Estate Department and Andy Dawson
13502 Hamburger Lane
Baldwin Park, CA 91706
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(a7RanchoMiraceCA.cov or by phone at (760) 328-2266 x 257.

Sincerely,
4 ;:'eref
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
10-47

In -N -Out Burger
42560 Bob Hope Drive, Rancho Mirage, CA 92270
DA190001 — Ordinance No. 1158
10-48

CITY OF RAMC O MIRAGE

COURTESY NOTICE
January 21, 2025
In -N -Out Burgers
Attn: Real Estate Department and Andy Dawson
13752 Francisquito Avenue
Baldwin Park, CA 91706
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(a�RanchoMiraceCA.cov or by phone at (760) 328-2266 x 257.

Sincerely,
Z Pm"
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
vv w.RanchoMirageCA.gov • (760) 328-2266
10-49

In -N -Out Burger
42560 Bob Hope Drive, Rancho Mirage, CA 92270
DA190001 — Ordinance No. 1158
10-50

CITY OF RAMC O MIRAGE

COURTESY NOTICE
January 21, 2025
RM 38 JV, LLC
c/o Meriwether Companies
Attn: Mr. Graham Culp
2001 Wilshire Boulevard Suite 401
Santa Monica, CA 90403
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleePt RanchoMirageCA.gov or by phone at (760) 328-2266 x 257.

Sincerely,
Zegke Pezef
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
10-51

2 TTM36620 — 3RM 38 JV, LLC.

Eastside of Via Josefina between an existing equestrian center and Versailles neighborhood.

DA190002 — Ordinance No. 1172
10-52

CITY OF RAMC O MIRAGE

COURTESY NOTICE
January 21, 2025
Porcupine Properties, LLC
Attn: Barry T. Mori
101 Ignacio Valley Road, Suite 320
Walnut Creek, CA 94596
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(a�RanchoMiraceCA.cov or by phone at (760) 328-2266 x 257.

Sincerely,
4e €ee Peirei
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
10-53

Porcupine Creek
42765 Dunes View Road, Rancho Mirage, CA 92270
DA200001 — Ordinance No. 1179
10-54

CITY OF RAMC O MIRAGE

COURTESY NOTICE
January 21, 2025
Attorney for Developer
Fromberg Edelstein & Fromberg
Attn: Mark W. Edelstein, Esq.
2825 E Tahquitz Canyon Way, Suite D-1
Palm Springs, CA 92262
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP RanchoMiraceCA.cov or by phone at (760) 328-2266 x 257.

Sincerely,
4eeee Pehej
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
10-55

2 Rancho Mirage Auto Center — Innovative Automotive
Holdings, LLC
DA21-0001 - Ordinance No. 1184
10-56

CITY OF RA NC O MIRAGE

COURTESY NOTICE
January 21, 2025
Innovative Automotive Holdings, LLC
Attn: Daniel B. Jessup
67615 E. Palm Canyon Drive
Cathedral City, CA 92234
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(a RanchoMiraceCA.gov or by phone at (760) 328-2266 x 257.

Sincerely,
4efeee Peizef
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage; CA 92270
vww.RanchoMirageCA.gov • (760) 328-2266
10-57

2 Rancho Mirage Auto Center — Innovative Automotive
Holdings, LLC
DA21-0001 - Ordinance No. 1184
10-58

CITY OF ROC O MIRAGE

COURTESY NOTICE
January 21, 2025
Eisenhower Medical Center
Attn: Ali Tourkaman
3900 Bob Hope Drive
Rancho Mirage, CA 92270
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(c�RanchoMirageCA.cov or by phone at (760) 328-2266 x 257.

Sincerely,
.dgeee Peizef
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
mvW.RanchoMirageCA.gov • (760) 328-2266
10-59

2 Eisenhower Memory Care Administration
APN: 682-010-021
DA22-0002 — Ordinance 1211
10-60

CITY OF RANC O MIRAGE

COURTESY NOTICE
January 21, 2025
David A. Darrin, Esq.

Schlecht, Shevlin & Shoenberger, ALC
801 E. Tahquitz Canyon, Suite 100
Palm Springs, CA 92262
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(a�RanchoMiraceCA.gov or by phone at (760) 328-2266 x 257.

Sincerely,
.deftee 7'etef
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
v,ww.RanchoMirageCA.gov • (760) 328-2266
10-61

2 Eisenhower Memory Care Administration
APN: 682-010-021
DA22-0002 — Ordinance 1211
-�n** . .
d
•
• .. 7� . ?
10-62

CITY OF RAMC O MIRAGE

COURTESY NOTICE
January 21, 2025
John T. Greenwood
PVG Architects
44530 San Pablo Ave., Suite 200
Palm Desert CA 92260
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP RanchoMirageCA.gov or by phone at (760) 328-2266 x 257.

Sincerely,
4eyee 7;'eref
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
wnnnv.RanchoMirageCA.gov • (760) 328-2266
10-63

2 Eisenhower Memory Care Administration
APN: 682-010-021
DA22-0002 — Ordinance 1211
- -,..
-46-04,E”: 7, a• - -n.`�i
t• az
t
•
f p
rt
4 10-64

CITY OF RAMC O MIRAGE

COURTESY NOTICE
January 21, 2025
Mr. Miguel Nelson
Marvimon Productions, Inc.
5419 Hollywood Blvd. #C201
Los Angeles, CA 90027
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(�RanchoMirac eCA.cov or by phone at (760) 328-2266 x 257.

Sincerely,
4e €ee Pag
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage. CA 92270
MAW RanchoMirageCA.gov • (760) 328-2266
10-65

2 Desert Island — RM71777 LLC
DA22-0003 — Ordinance 1205
10-66

CITY OF RA IBC O MIRAGE

COURTESY NOTICE
January 21, 2025
James D. Vaughn, Esq.

Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP
4590 E. Thousand Oaks Blvd, Suite 100
Westlake Village, CA 91362
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at LezleeP(c�RanchoMirageCA.gov or by phone at (760) 328-2266 x 257.

Sincerely,
Lezlee Perez
Assistant Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
yr yw.RanchoMirageCA.aov • (760) 328-2266
10-67

Del Webb
Pulte Home Corporation & SCC Rancho Mirage Holdings LP
Northeast Dinah Shore Drive and Los Alamos Road
DA160001 - Ordinance No. 1105
10-68

3 The Residences at Rancho Mirage Country Club
Oasis Ranch, LLC
Southeast of Bob Hope Drive and Frank Sinatra Drive
DA18002 - Ordinance No. 1149
10-69

4 Section 31 Specific Plan
EC Rancho Mirage Limited Partnership
South of Gerald Ford Drive, west of Monterey Avenue, north of Frank Sinatra Drive, and east of Hope Drive
DA190003 — Ordinance No. 1168
2i .: a ;
P M�tg��
oa
Ifist
1, xg
A.
ierald Ford Dr
10-70

5 TTM36620 — 3RM 38 JV, LLC.

Eastside of Via Josefina between an existing equestrian center and Versailles neighborhood.

DA190002 — Ordinance No. 1172

Porcupine Creek
42765 Dunes View Road, Rancho Mirage, CA 92270
DA200001 — Ordinance No. 1179
10-72

7 Desert Island — RM71777 LLC
DA22-0003 — Ordinance 1205
10-73

ATTACHMENT 3

CITY OF RANC O MIRAGE
ff.T2

STAFF REPORT
TO:

Planning Commission DATE: January 9, 2025
FROM: Lezlee Perez, Assistant Planner
SUBJECT: Periodic Review of Development Agreements

SPECIFIC REQUEST OR RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council:

Find that the subject developers and/or property owners are currently in compliance with the terms and conditions of the following thirteen (13) Development Agreements: Rancho Mirage Self Storage, Westin Vacation Club, Makena (Stonebridge), Del Webb, Ferrari, The Residences at Rancho Mirage Country Club, Section 31 Specific Plan, In -N -Out Burger, Tentative Tract Map 36620, Porcupine Wellness Center, Rancho Mirage Auto Center, Eisenhower MCA, and Desert Island Hotel.

ATTACHMENTS:

1. Aerial Photos of Active Development Agreement Sites

2. Courtesy Notices

AUTHORITY TO REVIEW
Rancho Mirage Municipal Code Chapter 17.26 contains the procedures and requirements for consideration, approval, and administration of Development Agreements. A Development Agreement (DA) is a contract between the City and an applicant for a development project that typically outlines development rights, fees, and other requirements, including provisions to allow the project's entitlement and conditions to be based on the rules and regulations in effect at the time of approval. Development Agreements must be reviewed by the Planning Commission and approved by the City Council. Once approved, each DA is recorded with the Riverside County Clerk's Office.

Section 17.56.070 of the Municipal Code requires the periodic review of Development Agreements to determine if the subject property owner is performing in good faith with the terms and conditions of the respective DA. To comply with this requirement, staff has performed a review of the existing DAs to determine their compliance.

Planning Commission Staff Report AGENDA ITEM #
10-74

DATE: January 9, 2025
2024 Development Agreement Review Page 2 of 12
JUSTIFICATION OR INFORMATION CONTINUED:

EXECUTIVE SUMMARY
The following tables provide a list of active DAs that require a Periodic Review and recently expired DA's that are no longer subject to a periodic review. In addition, the table also specifies the status of each agreement's current standing.

Active Development Agreements Requiring a Periodic Review No.

Project Name
Property Status
Standing
1 Rancho Mirage Self Storage 43375 Rio Del Sol
Project complete
In good standing
2 Westin Vacation Club 71777 Dinah Shore Drive
Project complete
In good standing

3. Makena (formerly Stonebridge)
Under Construction
In good standing

4. Del Webb
Project complete
In good standing

5. Ferrari
Project complete —
MOD21-0043 & DA
Amendment DA21-0004
In good standing

6. The Residences at Rancho Mirage Country Club
Stagnant
In good standing

7. Section 31 Specific Plan
Under construction
In good standing

8. In -N -Out Burger
Project complete
In good standing

9. Tentative Tract Map 36620
Project complete
In good standing

10. Porcupine Wellness Center
Under construction
In good standing

11. Rancho Mirage Auto Center
Under construction
In good standing

12. Eisenhower MCA
Under construction
In good standing

13. Desert Island Hotel
Waiting for FDP Submittal
In good standing
Recently Expired Development Agree
No.

Project Name
Property Status
1 One 11 Plaza
71730, 71713, & 71743 Highway 111
Project completed except for Pad B (APN: 684-253-
007). Ordinance 860 rescinded.

2. Carefield Assisted Living
Expired
Planning Commission Staff Report
AGENDA ITEM #
10-75

DATE: January 9, 2025
2024 Development Agreement Review Page 3 of 12
JUSTIFICATION OR INFORMATION CONTINUED:

BACKGROUND AND ANALYSIS

1. Rancho Mirage Self Storage - Thomas Investments (85 -DA -01 - Ordinance No. 314) On January 3, 1985, the City Council approved a zone change from PUD-C to C-4 (Heavy Commercial with a Storage Overlay) as well as a development plan permit for a self -storage facility located at 43375 Rio Del Sol Road, the corresponding cases being 84-GPA-46, 84 -CZ - 43, and 84-P-198. A DA between Thomas Investments (DBA Rancho Mirage Self Storage) and the City was approved by the City Council on May 2, 1985 and recorded with the County on December 5, 1985. The ±94,400 sq. ft. facility, with RV spaces and a manager's unit, was completed in two phases (1986 and 1989). The DA intended to allow the project to be built in phases and to guarantee that no accessory commercial businesses would be operated from the storage spaces.

Status: As of December 17, 2024, there have been no reported code violations. Overall, the existing self -storage facility is being operated in compliance with the terms and provisions of the 1985 agreement. The current property owner is Vicky L. Thomas. The DA does not have a defined expiration date or sunset clause, which runs with the land.

2. Westin Vacation Club - WVC Rancho Mirage (DA970002 - Ordinance No. 699) On February 19, 1998, Signature Resorts entered into a DA with the City to develop 158 vacation ownership units on approximately 20.4 acres of property to the east of the Westin Mission Hills Resort Hotel on Dinah Shore Drive, with the corresponding cases being Conditional Use Permit No. CUP97005 and Tentative Tract Map No. TTM29772. The purpose of the DA was to ensure timely completion of the project and to establish certain Development Impact Fees (DIF) to offset project impacts. The project was required to start by February 2003 and be completed no later than February 2013.

On April 17, 2001, an Operating Memorandum (OM) was executed with the City to assign DA970002 to RM Villas. Under the OM, portions of DA970002 were modified. In addition, the Annual Special Tax per vacation ownership week ("Interval") was established at $25 per Interval sold; furthermore, the OM states that the Annual Special Tax may increase annually by the amount of the CPI increase. The rate for Fiscal Year 2024-25 is $47.66 per week. The vacation ownership units were completed between 2001 and 2004, and the current zoning designation for the site is Resort Hotel (Rs -H). Since the DA does not have a defined expiration date it will continue to run with the land.

Status: The Finance Division confirmed that the project is paying all required fees. As of December 17, 2024, there have been no reported code violations. The property is being professionally managed and maintained. Therefore, the DA is in good standing.

Planning Commission Staff Report AGENDA ITEM #
10-76

DATE: January 9, 2025
2024 Development Agreement Review Page 4 of 12
JUSTIFICATION OR INFORMATION CONTINUED:

3. Makena (formerly Stonebridge) - Stonebridge, Inc. (DA060002 - Ordinance No. 939) On November 16, 2006, the City Council approved the Stonebridge DA along with GPA050001, ZMA05001, TTM 33666, and PDP05014. This project included a zone change from Residential Estate (R -E) to Very Low -Density Residential (R -L-2) in conjunction with the development of 10 single-family dwellings. The project site is located on the east side of John Sinn Road, just south of Country Club Drive, and is 7.7 acres in size. The DA required the residential lots to average at least 25,500 square feet in size. The executed DA was recorded with the County of Riverside on February 15, 2007. On October 4, 2007, the City Council approved the project's final subdivision map; the map was recorded on November 9, 2007. The on and off -site tract improvements were installed in 2007 and 2008 as required by Tract Map 33666. The development plan that was approved with the project's original entitlements expired many years ago, and custom single-family houses are now being designed for each lot. Since the DA does not have a defined expiration date or sunset clause, it will continue to run with the land.

Status: Eight homes have been completed and two homes are under construction. There are no vacant lots within the development and there are no active code violations as of December 17, 2024. Therefore, the DA is in good standing.

4. Del Webb - Pulte Home Corporation and SCC Rancho Mirage Holdings Limited Partnership (DA160001 - Ordinance No. 1105)
On October 4, 2016, the City Council approved a pre -annexation and statutory Development Agreement between the City of Rancho Mirage, Pulte Home Corporation, and SCC Rancho Mirage Holdings Limited Partnership for the development of up to 1,200 residential dwelling units on +320 acres of land in Section 24. The term of the DA is 15 years commencing on November 4, 2016. The purpose of the agreement is to ensure the annexation of the project site into the city and to provide the developer with the vested right to develop a planned age -restricted (55+) active adult community consistent with the Tribe -approved Section 24 Specific Plan. The project site was annexed into the City in March 2017, and the City Council approved Preliminary Development Plan Case No. PDP17001 on July 20, 2017, thus entitling the development of the active adult community.

Status: As of the date of this report, all homes have been finalized. A total of 1,029 residences have been constructed on the project site. There are no active code violations as of December 17, 2024. This project is in compliance with the DA requirements and is in good standing.

5. Ferrari at Rancho Mirage — BBB Rancho Mirage RE, LLC (DA21-0004- Ordinance No. 1187)
On June 7, 2018, the City Council approved a statutory Development Agreement (DA180001) between the City and FM 111, LLC. The purpose of this agreement was to ensure that the City would use its best efforts to process and approve, in a timely manner, certain development, construction, demolition, use, and other necessary entitlements to allow the applicant to develop the project site for the operation of a Ferrari automobile dealership. Originally the project was envisioned as involving the demolition of several existing buildings in favor of newly constructed Planning Commission Staff Report AGENDA ITEM #
10-77

DATE: January 9, 2025
2024 Development Agreement Review Page 5 of 12
JUSTIFICATION OR INFORMATION CONTINUED:
buildings that would be used to display, lease, sell and service new and pre -owned Ferrari automobiles. The original DA also established certain operational restrictions due to the close proximity of the subject property to non -gated residential neighborhoods.

In June 2021, the City received a request to amend and restate the Development Agreement to update certain operating and ownership details which have changed since the original Development Agreement was approved in 2018 and to ensure that City will use its best efforts to process and approve the necessary entitlements to allow the applicant to continue developing the project site for the continued operation of a Ferrari automobile dealership. On September 2, 2021, the City Council approved an Amended and Restated Development Agreement (DA21- 0004) which like the original contains such things as maintenance obligations and operational restrictions with regard to the use of public streets. The changes also included updating certain operating and ownership details which have changed since 2018, and to ensure that the City will use its best efforts to process and approve in a timely manner certain entitlements to allow the applicant to develop the project site for the continued operation of a Ferrari dealership.

In August 2021 a Minor Modification application was submitted for tenant improvements to the existing service building which included upgrades to the building exterior. This application was approved in October 2021 by the Planning Division. On March 2023 the Building Permit associated with these improvements was finaled and the service building is operational.

Status: As of December 17, 2024, no code violations are associated with the site. The project is currently in good standing according to the provisions set forth in the DA.

6. The Residences at Rancho Mirage Country Club - Oasis Ranch, LLC (DA180002 - Ordinance No. 1149)
On May 2, 2019, the City Council adopted a statutory Development Agreement between the City and Oasis Ranch, LLC for the redevelopment of the property, consisting of approximately 49 acres located at 38500 Bob Hope Drive for a hotel with up to 60 rooms, up to 108 residential condominium units, redesigned 18 -hole golf course, and related amenities.

The term of the DA is 15 years commencing on June 1, 2019. The property is currently improved with a golf course, clubhouse, and related facilities. The purpose of this agreement is to provide the developer with the vested right to develop the project consistent with the project entitlements (GPZMA18001, TTM37461, PDP18002), the conditions of approval, and mitigation measures set forth in the adopted Mitigated Negative Declaration adopted by the City Council, and the terms and conditions of the settlement agreement dated August 24, 2016, between Oasis Ranch, LLC, and the Rancho Mirage Country Club Homeowners Association. In addition, the DA describes and permits a for -sale condominium product without restriction on ownership or the number of days per year an owner can occupy the unit. It does, however, specify that any rentals be regulated by the hotel through a rental pool which will make it easier for the City to track and receive Transient Occupancy Tax for short-term rentals.

Status: The DA is active until June 1, 2034 and is found to be in good standing per staff and City Attorney Review. In the past year, the City intervened in initiating cleanup on portions of the property, however these actions do not result in a determination of the DA being out of Planning Commission Staff Report AGENDA ITEM #
10-78

DATE: January 9, 2025
2024 Development Agreement Review Page 6 of 12
JUSTIFICATION OR INFORMATION CONTINUED:
compliance. The maintenance obligations set forth therein have not yet been triggered as the obligations are applicable to the new development on the property, not existing. However, City staff will continue to closely monitor the situation.

7. Section 31 Specific Plan - EC Rancho Mirage Limited Partnership (DA190003 — Ordinance No. 1168)
On January 18, 2020, the City Council approved a statutory Development Agreement between the City and EC Rancho Mirage Holdings Limited Partnership for a 25 -year term for the Section 31 Specific Plan area. The project site is bound 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. The purpose of the DA is to establish the plans, land use regulations, development standards, design guidelines, infrastructure requirements, and implementation programs to guide the development of the mixed -use, master -planned community oriented around a multi -use recreational lagoon on 618 -acres of vacant land.

The project is subject to the entitlements (SP180001, GPA19001, GPZMA18003, TTM37563, and PDP19004), their conditions of approval, and mitigation measures set forth in the adopted Environmental Impact Report (EIR18001) adopted by the City Council. The DA also establishes credits for License Tax on New Construction and Quimby Act/Park Fee Requirements. Per the DA, the Grand Oasis Crystal Lagoon (now known as "Cotino Bay") shall be constructed as part of the first phase of development. Other provisions that the DA establishes are that the hotel uses within the project site shall consist only of hotel uses equal or superior to Marriot Shadow Ridge and the Westin Mission Hills. The DA also includes a provision for Supplemental Plan Check and Inspection Services, which will be available to the Developer should they wish to utilize such services, with the developer being required to pay 100`)/0 of said services.

Status: The Public Works Department has various permits issued for rough grading plans and street improvements. On November 4, 2021, the City Council approved the Final Map for Tract Map No. 37856, known as Phase 1A, for the subdivision of 201.89 gross acres into 329 residential lots near the southeast corner of Bob Hope Drive and Gerald Ford Drive. The Tract Map for Phase 1A was subsequently recorded with Riverside County on December 15, 2021.

Tentative Tract Map (TTM) No. 38291 (Case No. TTM22-0001) for Phases 1B and 1C to subdivide 70.44 gross acres into 187 residential lots and 4 remainder lots near the southwest corner of Monterey Avenue and Gerald Ford Drive was approved by the City Council on February 16, 2023 and recorded with the County on July 12, 2023. On July 6, 2023, the City Council approved a set of design guidelines (Preliminary Development Plan Case No. PDP22-0005) for single-family detached residences in the Cotino development.

As of December 17, 2024, the following are currently under construction: nineteen single-family residences, the Clubhouse Campus, Parr House, Town Center North Restaurant, Cotino Bay, Gerald Ford gatehouse, and the AQ park pavilion. The traffic signal at the intersection of Gerald Ford Drive and Oasis Way went live late August 2024. There are no active code violations for the property. Based upon the provisions of the DA, staff has determined that the DA is in good standing.

Planning Commission Staff Report AGENDA ITEM #
10-79

DATE: January 9, 2025
2024 Development Agreement Review Page 7 of 12
JUSTIFICATION OR INFORMATION CONTINUED:

8. In -N -Out Burger (DA190001 — Ordinance No. 1158)
On January 7, 2021, the City Council approved a statutory Development Agreement between the City and the construction of a 3,885 square foot fast food restaurant with associated drive - through, site improvements, and landscaping. The Development Agreement ensured that the City retained the ability to request reconfiguration of the main access point if any impacts related to public safety arise in the future.

Status: The project was completed in December 2021 and operation began on January 2022.

As of December 17, 2024, no code cases have been filed for the property. Based upon the provisions of the DA, staff has determined that the DA is in good standing.

9. Tentative Tract Map 36620 — Palo Verde 37, LLC (DA190002 — Ordinance No. 1172) The Tentative Tract Map 36620 and Mitigated Negative Declaration (Environmental Assessment Case No. EA130006) were originally approved and adopted by the City Council on December 4, 2014, through Resolution No. 2014-56, with an expiration date of December 4, 2016. The project site consists of seven parcels located adjacent to Via Josefina and Via Florencia and is situated entirely within the Section 30 Specific Plan. The project consists of a subdivision of approximately 33.74 acres of vacant land into a gated residential subdivision consisting of 82 single-family lots and other common area lots for related improvements.

The City Council approved two more extensions of time in 2017, extending the term of the tentative map until December 4, 2019. Due to the Coachella Valley Water District's (CVWD) delays with their infrastructure project in this area of the city, the applicant submitted a request for an additional extension in December 2019, which was granted. On June 4, 2020, the City Council approved a Development Agreement for the project via Ordinance 1172. The applicant submitted the first amendment to the Development Agreement (DA21-0003) in April 2021 to extend the project entitlements due to the continued delay to the CVWD infrastructure project that limits development in the area. The Development Agreement also required the installation of certain offsite improvements along Via Josefina, including the undergrounding of overhead utility lines between Via Florencia and Seclude Court (a new proposed street within TTM36620) and the installation of sewer laterals to every lot, house, or building within that same area.

Development Agreement Amendment Case No. DA21-0003 was approved on July 15, 2021 and was limited to a one-year time extension and additional infrastructure improvements.

Status: The Development Agreement Amendment (DA22-0001) was approved by the City Council on October 6, 2022, extending the expiration date by one year. Subsequently, the final map received City Council approval on December 7, 2023, and was recorded with the County on February 9, 2024. As of December 17, 2024, there have been no code violations reported.

Several public work permits (E2200146, E2200147, E2200148) have been issued to facilitate rough grading and onsite/offsite improvements. Additionally, entitlement applications for the design approval of 14 homes were submitted on December 20, 2024, by Tesoro Rancho Mirage LLC. An Assignment and Assumption of the Development Agreement is currently in progress between Palo Verde 37, LLC and Tesoro Rancho Mirage LLC. Based on staff's evaluation, the Development Agreement remains in good standing.

Planning Commission Staff Report AGENDA ITEM #
10-80

JUSTIFICATION OR INFORMATION CONTINUED:

10. Porcupine Creek Wellness Center — Porcupine Properties, LLC (DA200001 — Ordinance No. 1179)
The subject site was initially entitled in 1997 and thereafter constructed as a single-family compound with a multitude of high -end amenities. Since 2011, the property has been extensively remodeled and upgraded to its existing state. The current owner has improved the site by adding additional villas and rehabilitating landscaping and golf course areas. In 2020, the project development submitted an entitlement package to reposition Porcupine Creek as an exclusive retreat with a total of up to 50 studio, single -bedroom, and multi -bedroom units. Proposed upgrades would include up to 27 new keys, and incorporate a modified main house, a new restaurant, dining deck, upgraded spa complex, additional retreat -related facilities, and a rerouted 18 -hole golf course.

The City Council approved the project on April 1, 2021, which included Development Agreement Permit Case No. DA200001. The DA ensured that the project developer shall pay the City's Development Impact Fees set forth in Chapter 3.29 of the Municipal Code on all new development square footage at the City's commercial rates in effect as of the date of the ordinance enacting the agreement. Additional provisions included that no new guest facilities or multi -story buildings shall be permitted within a 250 -foot -wide buffer from the property lines of any existing residences in the adjacent Magnesia Falls Cove neighborhood and all construction traffic and deliveries shall be directed to access the project site from Mirage Road to avoid impacts to the Magnesia Falls Cove residential neighborhood. The DA established the project site's main entry, on Dunes View Road, shall be designated strictly for guest access to the Porcupine Creek Wellness Center.

Status: Final Development Plan Case Nos. FDP22-0003 and FDP22-0004 were approved on January 19, 2023, and February 24, 2023, respectively. The entitlements are for the buildout of three back -of -house buildings and sixteen (16) villas. The back -of -house buildings are under construction and there are no code violations as of December 17, 2024. Based upon the provisions of the DA, staff has determined that the DA is in good standing.

11. Rancho Mirage Auto Plaza — Innovative Automotive Holdings, LLC (DA21-0001 — Ordinance 1184)
The Rancho Mirage Auto Plaza Project proposes the construction of three buildings which include a 5,807 square -foot Infiniti dealership, 8,650 square -foot Volvo dealership, a 15,995 square -foot service building, and associated improvements. A Tentative Parcel Map (TPM38003) is proposed to subdivide the existing 25.54 -acre property into three parcels. The proposed Tentative Tract Map (TTM38054) will then subdivide Parcel 1 of Tentative Parcel Map 38003 into five (5) additional parcels. The City and project developer entered into a Development Agreement (DA21-0001) to ensure the project and project site were developed, occupied, and used for automotive uses relating to new automobile dealership activities, including new automobile sales, and repair of vehicles and ancillary uses reasonably related and connected to new automobile dealerships. The DA also provided the framework, terms, and conditions relating to a market -rate loan that the project developer received from the City for costs related to the development of one of the automobile dealerships within the project. The project was approved by the City Council on June 3, 2021.

Planning Commission Staff Report AGENDA ITEM #

DATE: January 9, 2025
2024 Development Agreement Review Page 9 of 12
JUSTIFICATION OR INFORMATION CONTINUED:

Status: Final Development Plan Case Number FDP21-0005 was approved on various dates for portions of the project site which included the site improvements, Volvo Dealership, Infiniti Dealership, and Service Building between December 2021 to May 2022. Building Permits have been applied for all new buildings on the project site and the Volvo and Service Building Permits are ready to be issued. Based upon the provisions of the DA, staff has determined that the DA is in good standing.

12. Eisenhower Memory Care, Child Care, & Administration Building — Eisenhower Medical Center (DA22-0002 — Ordinance 1211)
The Eisenhower Medical Center proposes the construction of three single story buildings which include 19,890 square feet for a memory care center, 17,116 square feet for a childcare center, and 37,724 square feet for an administration office. The project also includes a Tentative Parcel Map (TPM38692) to subdivide the existing property into four condominium units under one legal parcel. The City and project development entered into a Development Agreement (DA22-0002) to establish a 39 percent lot coverage on the property to maintain a one-story design and establish the use of offsite parking spaces at the Eisenhower Medical Center, which will provide a minimum of 16 spaces to supplement the parking on the project site. The project was approved by City Council on September 14, 2023.

Status: Final Development Plan Case No. FDP23-0007 was approved on March 29, 2024, for the memory care center, child care center, and overall site improvements. Building permits have been applied for two out of the three buildings at the project site, and they are currently in the process of being issued. No code violations are associated with the project site. Based upon the provisions of the DA, staff has determined that the DA is in good standing.

13. Desert Island Hotel — FM71777 LLC (DA22-0003 — Ordinance 1205) The Desert Island Hotel proposes a new 34 -key boutique hotel comprised of four (4), 1 -story buildings totaling 33,940 square feet, 11 private residences totaling 56,844 square feet, hotel grounds for guest use with tennis, pool, 852 square foot cafe, lounge area and 2,572 square foot yoga pavilion, along with an additional 376 parking spaces. The project also includes a Tentative Parcel Map ("TPM") is to subdivide the hotel and residences (Planning Areas 1A, 1B, and 1C) into three (3) separate parcels and two (2) common area lots. The City and project developer entered into a Development Agreement (DA23-0003) to construct up to eleven (11) condo -hotel units and thirty-four (34) hotel rooms, with the number of condo -hotel units constituting twenty four percent (24%) of the total sum of both condo -hotel units and hotel rooms planned for the proposed project. The DA also provided the framework, terms, and conditions relating to an annual public facilities fee to offset public safety costs. The project was approved by the City Council on July 20, 2023 and is effective for 15 years (until July 20, 2038).

Status: As of the date of this report, a Final Development Plan has not been submitted to the Planning Division. No code violations are associated with the project site. Based upon the provisions of the DA, staff has determined that the DA is in good standing.

Recently Expired Development Agreements (For Reference Purposes Only)

1. One 11 Plaza - Alamo Group (DA050001, DAA060001 - Ordinance Nos. 901 & 942) Planning Commission Staff Report AGENDA ITEM #
10-82

DATE: January 9, 2025
2024 Development Agreement Review Page 10 of 12
JUSTIFICATION OR INFORMATION CONTINUED:

On April 7, 2005, the City Council adopted Ordinance No. 901 approving a DA for a proposed restaurant, retail, and office complex at the southwest corner of Highway 111 and Rancho Las Palmas Drive. The property was subject to Ordinance No. 860, which restricted office uses in the complex to no more than 25% of the total project square footage. On August 4, 2005, the City Council approved Preliminary Development Case No. PDP05009 for the construction of the One 11 Plaza complex and introduced Ordinance No. 908 for the approval of Specific Plan Amendment Case No. SPA05001; said amendment revised Table 5 of the Highway 111 East Specific Plan to allow specialty restaurants in Land Use District #3.

DA050001 (Ordinance No. 901) for PDP05009 established construction timeframes for the project along with other requirements. The executed DA was recorded with the County of Riverside on November 20, 2006. On December 21, 2006, the Council adopted Ordinance No. 942 (DAA060001), amending the DA to allow office uses to exceed 25% of the site in exchange for the payment of in -lieu fees to cover the loss of sales tax revenue (i.e. $2.00/sq. ft.) as required by Section 17.10.014 (Revenue Generating Uses) of the Municipal Code. It was assumed that the upstairs tenant spaces (±8,258 sq. ft.) would attract office uses rather than retail uses.

On February 22, 2024, City Council repealed Ordinance 860, which removed Rancho Mirage Municipal Code Section 17.10.014: Revenue generating uses in commercial zoning districts.

The repealed ordinance removed the office restriction in place and allowed property owners to potentially secure tenants in spaces that had long-term vacancies. Several buildings such as the One11 Plaza had tenants rescind their leases due to the revenue -generating use restrictions and had vacant spaces for many years due to the restriction. With the repeal of Ordinance 860, this Development Agreement is voided..

Status: The project was completed in 2007. As of December 17, 2024, there have been no code violations reported at the site. The property is being professionally managed and well - maintained. The City Council on March 21, 2024, approved the repeal of Ordinance 860, which became effective on May 4, 2024. Therefore, the executed Development Agreement and office restrictions are voided and null.

2. Carefield Assisted Living - Carefield SH Management, LLC (DA21-0005 - Ordinance No. 1193)
On December 20, 2018, the City Council adopted a statutory Development Agreement (DA180003) between the City of Rancho Mirage and Carefield SH Management, LLC for the development of an 84 -unit senior assisted living facility that will include parking facilities, recreation areas, and dining facilities. The purpose of this agreement is to memorialize certain development and operational standards for a senior assisted living facility and to establish the framework for payment of an annual in -lieu assessment to help offset costs of certain urgent and emergency services related to the medial and transport needs of the occupants of the proposed assisted living facility since assisted living facilities are known to generate more frequency and a higher volume of medical and transport service calls than other uses typically permitted in the subject zoning district (Office).

Planning Commission Staff Report AGENDA ITEM #
10-83

DATE: January 9, 2025
2024 Development Agreement Review Page 11 of 12
JUSTIFICATION OR INFORMATION CONTINUED:

On April 7, 2022, the City Council approved an Amended and Restated Development Agreement (DA21-0005) to update certain operating and ownership details which have changed since the original Development Agreement was approved in 2018 and to ensure that City will use its best efforts to process and approve in a reasonably timely manner certain documents, applications, plans, and other information necessary for the completion of the above referenced assisted living facility.

Status: The Amended and Restated Development Agreement was valid until December 20, 2024, which included a one-year staff level time extension. A Final Development Plan was not submitted to the Planning Division. Therefore, all entitlements, including the Development Agreement for the proposed project have expired. On December 17, 2024, no active code violations were reported.

ENVIRONMENTAL DETERMINATION
Environmental analyses were completed during the review and approval of the various development agreements. As this is a periodic review by the City of the existing agreements, no changes to the original environmental assessments are being proposed or considered. In some cases, the project that is tied to the DA is completed, meaning this review is only to determine if violations exist that may need to be flagged and corrected and whether all obligations of the developers are current. Based on the information and research in this review, no further environmental analysis is required by CEQA pursuant to Section 15306 (Class 6 — Information Collection).

NOTICING
As a courtesy, staff mailed notices and/or sent emails, to all affected property owners, legal representatives, and/or developers informing them of the meeting and periodic review.

FINDINGS
2023 Annual Development Agreement Review

1. The various development agreements are in good standing as development has occurred on many of the sites through approval of a Preliminary Development Plan (PDP), Conditional Use Permit (CUP), Single -Family Permit (SFP), or Minor Modification (MOD) application; and

2. The adopted development agreements are in compliance with the Municipal Code and General Plan; and

3. The various development agreements have complied in good faith with the terms or conditions of their respective agreements and that they are in good standing and/or current; and

4. The sites, as developed, are physically suitable for the type and density/intensity of development and are consistent and compatible with surrounding properties; and Planning Commission Staff Report AGENDA ITEM #
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DATE: January 9, 2025
2024 Development Agreement Review Page 12 of 12
JUSTIFICATION OR INFORMATION CONTINUED:

5. The existing development agreements have been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and are deemed exempt from CEQA under Section 15306 (Class 6 — Information Collection).

Planning Commission Staff Report AGENDA ITEM #
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ATTACHMENT 4
ff;,�� CITY OF PPNCHO MIRAGE

PLANNING COMMISSION MEETING
THURSDAY, JANUARY 9, 2025 - 2:00 P.M.

MINUTES
Meeting Location:

City of Rancho Mirage
City Hall - Council Chamber
69-825 Highway 111
Rancho Mirage, CA 92270
CALL TO ORDER - 2:01 P.M.
a) Flag Salute: Led by Commissioner Curran.
b) Roll Call: Bryant, Curran, Grey, Vice Chair Chanter, Chair Agostini — All Present.

COMMISSIONER COMMENTS
Commissioner Grey noted the flags were at half-mast to honor former President Jimmy Carter. He also addressed the fires in Los Angeles County and shared a personal story about a coworker who evacuated and lost his home.

Vice Chair Chanter shared her experience with the 2017 Tubbs fire in Northern California, where over 5,000 homes were lost. She emphasized the importance of community support during such difficult times. She also thanked City staff for their hard work in preparing the meeting, noting the time spent reviewing the agenda.

Chair Agostini echoed the previous remarks and expressed appreciation for staffs efforts in preparing the presentation. He thanked everyone for their time and extended a warm welcome to the year 2025. He also shared his heartfelt sympathy for all the families and victims affected by the fires.

Commissioner Bryant commented that he supported the City Council's decision to adopt abbreviated minutes for meetings and noted that full meeting videos would be available online 24/7.

Commissioner Bryant explained that Planning Commission members volunteered their time and faced significant preparation with today's agenda including 4,000 to 4,500 pages. He thanked staff for their support and emphasized the Commissioners' shared goal of improving the quality of life for residents and fostering a vibrant business community.

NON -AGENDA PUBLIC COMMENTS
The following individual provided non -agenda public comments: Brad Anderson.

APPROVAL OF MINUTES — December 12, 2024, Regular Meeting.

MOVED/SECONDED BY GREY/CHANTER TO APPROVE THE DECEMBER 12, 2024, REGULAR MEETING MINUTES AS PRESENTED. MOTION CARRIED 5/0. 01/09/2025 Regular Planning Commission Meeting Minutes Page 1 of 4 10-86

ACTION ITEM

1. Periodic Review of Development Agreements: Rancho Mirage Self Storage, Westin Vacation Club, Makena (Stonebridge), Del Webb, Ferrari, The Residences at Rancho Mirage Country Club, Section 31 Specific Plan, In -N -Out Burger, Tentative Tract Map 36620, Porcupine Wellness Center, Rancho Mirage Auto Center, Eisenhower MCA, and Desert Island Hotel.

Colin Kirkpatrick, City Attorney provided a brief summary of development agreements.

Lezlee Perez, Assistant Planner, presented the staff report.

The following individuals provided public comments: Mark Coons, Rob Kovacs, Mike Massoodnia, and Tim Adams.

A discussion ensued.

MOVED/SECONDED BY GREY/CURRAN TO RECOMMEND THAT THE CITY COUNCIL FIND

THAT THE SUBJECT DEVELOPERS AND/OR PROPERTY OWNERS ARE CURRENTLY IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE FOLLOWING THIRTEEN (13) DEVELOPMENT AGREEMENTS: RANCHO MIRAGE SELF STORAGE, WESTIN VACATION

CLUB, MAKENA (STONEBRIDGE), DEL WEBB, FERRARI, THE RESIDENCES AT RANCHO MIRAGE COUNTRY CLUB, SECTION 31 SPECIFIC PLAN, IN -N -OUT BURGER, TENTATIVE TRACT MAP 36620, PORCUPINE WELLNESS CENTER, RANCHO MIRAGE AUTO CENTER, EISENHOWER MCA, AND DESERT ISLAND HOTEL.

MOTION CARRIED 5/0.

PUBLIC HEARING

2. Priviere Villas - Environmental Assessment Case No. EA24-0001; General Plan Zoning Map Amendment Case No. GPZMA24-0001; Tentative Tract Map Case No. TTM24-0001 (TTM38868); and Preliminary Development Plan Case No. PDP24-0001. Applicant: MSA Consulting, Inc. on behalf of Palm Coast Modular. Consideration of a residential community, consisting of 28 residential lots, accessory dwelling units, and associated improvements such as retention areas, paved drive aisles, and two points of access. The 10.08 -acre project site currently consists of vacant undeveloped land located east of Via Josefina and south of Ginger Rogers Road. The primary access point will be on Via Josefina. The project includes a General Plan Zoning Map Amendment to amend the project General Plan and Zoning designation from Very Low Density (R -L-2) and Medium Density Residential (R -M) designations to Low Density Residential 3 du/ac max. (R -L-3). APNs: 685-100-007 & 685-110-017.

A. Consider the recommendation for the Planning Commission to adopt Resolution No. 2025 - PC -(Next -in -Order), that the City Council take the following actions:

1. Adopt Resolution No. 2025 -(Next -in -Order) approving and adopting the Mitigation Monitoring and Reporting Program and Mitigated Negative Declaration (SCH#2024101279) for the Proposed Project based on Environmental Assessment Case No. EA24-0001.

2. Adopt Resolution No. 2025 -(Next -in -Order) approving General Plan Zoning Map Amendment (GPZMA24-0001), to change the underlying zoning designation of the 01/09/2025 Regular Planning Commission Meeting Minutes

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Subject Property from Very Low Density (R -L-2) and Medium Density Residential (R -M) designations to Low Density Residential 3 du/ac max. (R -L-3), Tentative Tract Map No.

TTM24-0001 (TTM38868), and Preliminary Development Plan Case No. PDP24-0001.

Pilar Flotterud, Senior Planner, presented the staff report.

Christopher Brizuela from MSA Consulting, Inc. and Adam Nester, CEO of Palm Coast Modular, made a presentation.

A discussion ensued.

No public testimony was provided.

MOVED/SECONDED BY CHANTER/GREY TO ADOPT RESOLUTION NO. 2025 -PC -(NEXT -IN ORDER) RECOMMENDING THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:

1. ADOPT RESOLUTION NO. 2025 -(NEXT -IN -ORDER) APPROVING AND ADOPTING THE

MITIGATION MONITORING AND REPORTING PROGRAM AND MITIGATED NEGATIVE DECLARATION (SCH#2024101279) FOR THE PROPOSED PROJECT BASED ON ENVIRONMENTAL ASSESSMENT CASE NO. EA24-0001.

2. ADOPT RESOLUTION NO. 2025 -(NEXT -IN -ORDER) APPROVING GENERAL PLAN ZONING MAP AMENDMENT (GPZMA24-0001), TO CHANGE THE UNDERLYING ZONING DESIGNATION OF THE SUBJECT PROPERTY FROM VERY LOW DENSITY (R -L-2) AND

MEDIUM DENSITY RESIDENTIAL (R -M) DESIGNATIONS TO LOW DENSITY RESIDENTIAL 3 DU/AC MAX. (R -L-3), TENTATIVE TRACT MAP NO. TTM24-0001 (TTM38868), AND PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP24-0001.

MOTION CARRIED 5/0.

3. Ritz Carlton Rancho Mirage — Environmental Assessment Case No. EA21-0002, General Plan Zoning Map Amendment Case No. GPZMA21-0001, Development Agreement Amendment Case No. DA21 0002, Major Modification Case No. MOD21-0004, & Tentative Parcel Map Case Number TPM23-0002 (TPM38768). Applicant: Kam Sang Company on behalf of Newage Rancho Mirage LLC/ Ritz Carlton. Consideration to construct the Ritz Carlton residences which is a modification to previously approved entitlements consisting of 106 condo units; event space and room for amenities; subterranean parking structure; and additional residential parking spaces. Additionally, the Sky Mesa recreational area will include a restaurant, additional lawn event space and pool area. As part of the proposed project, a General Plan Zoning Map Amendment is proposed to amend the Mountain Reserve (MR) designation for the project's Sky Mesa Recreational area to Resort Hotel (Rs -H) on approximately 3.88 acres (APNs: 689-020-012 & 689-020-014). A Tentative Parcel Map (TPM38768) proposes to establish three parcels (excluding Sky Mesa area) with Parcel 3 of the map containing condo units (Ritz Carlton residences). A Major Modification is proposed for modifications to the prior 2006 entitlements by providing updated engineering, architectural, and landscaping plans for review and also includes new development with the Sky Mesa recreational area. Lastly, a 10th Amendment to the existing Development Agreement with Newage Rancho Mirage, LLC (the "10th Amendment") is proposed. Please note that the proposed project (excluding Sky Mesa) is a modification to the originally approved 2006 project entitlements that included residential villas and condominiums. The 35.07acre project site (68900 Frank Sinatra Drive) occurs along Frank Sinatra Drive approximately 0.85 miles southwest of the intersection with Highway 111 within 01/09/2025 Regular Planning Commission Meeting Minutes

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the City of Rancho Mirage (APNs: 689-330-026, -028, -031, -032, -034; 689-020-012, -014; & 689-331-001, -018).

A. Consider the recommendation for the Planning Commission to adopt Resolution No. 2025 - PC -(Next -in -Order), that the City Council take the following actions:

1. Adopt Resolution No. 2025 -(Next -in -Order), approving the Mitigation Monitoring and Reporting Program and Mitigated Negative Declaration (SCH# 2024030267) for the Proposed Project based on Environmental Assessment Case No. EA21-0002.

2. Adopt Resolution No. 2025 -(Next -in -Order), approving General Plan Zoning Map Amendment (GPZMA21-0001), Tentative Parcel Map Case No. TPM23-0002, & Major Modification Case No. MOD21-0004.

3. Introduce and adopt Ordinance (Next -In -Order), approving Development Agreement Amendment (DA21-0002).

Ben Torres, Planning Manager, presented the staff report.

The following individuals provided public testimony: Louie Lopez, John Sisley, Rob Ramos, Zack Cohoon, Joseph Barrera, Josh Gastelum, Omar Cobian, Zach Strasters, Aidan Marshall, and Kramer Kristin Greenwood.

A discussion ensued.

MOVED/SECONDED BY GREY/CHANTER TO CONTINUE THE ITEM TO THE 02/27/2025 PLANNING COMMISSION MEETING. MOTION FAILED 2/3.

MOVED/SECONDED BY CURRAN/BRYANT TO ADOPT RESOLUTION NO. 2025 -PC -(NEXT IN ORDER) RECOMMENDING THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:

1. ADOPT RESOLUTION NO. 2025 -(NEXT -IN -ORDER), APPROVING THE MITIGATION

MONITORING AND REPORTING PROGRAM AND MITIGATED NEGATIVE DECLARATION (SCH# 2024030267) FOR THE PROPOSED PROJECT BASED ON ENVIRONMENTAL ASSESSMENT CASE NO. EA21-0002.

2. ADOPT RESOLUTION NO. 2025 -(NEXT -IN -ORDER), APPROVING GENERAL PLAN ZONING MAP AMENDMENT (GPZMA21-0001), TENTATIVE PARCEL MAP CASE NO.

TPM23-0002, & MAJOR MODIFICATION CASE NO. MOD21-0004.

3. INTRODUCE AND ADOPT ORDINANCE (NEXT -IN -ORDER), APPROVING DEVELOPMENT AGREEMENT AMENDMENT (DA21-0002).

MOTION CARRIED 4/1 WITH COMMISSIONER GREY ABSTAINED.

ADJOURNMENT
With no further business to consider, the Planning Commission meeting was adjourned at 4:47 P.M.

Prepared by: Deanna Mendoza, Development Services Technician Date Approved by Planning Commission: 2/13/2025
01/09/2025 Regular Planning Commission Meeting Minutes

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STAFF REPORT
TO: Mayor and City Council DATE: February 20, 2025
FROM: Jeff Benson, Management Analyst
Colin Kirkpatrick, City Attorney
SUBJECT: Administrative Services Agreement for CSA 152 NPDES (National Pollutant Discharge Elimination System) Program with County of Riverside

SPECIFIC REQUEST OR RECOMMENDATION
That the City Council approve the Administrative Services Agreement for CSA 152 NPDES Program with County of Riverside.

JUSTIFICATION OR INFORMATION
In 1987, Congress added Section 402(p) to the Federal Clean Water Act (33 U.S.C. 1342(p)).

Section 402(p) requires certain municipalities to obtain a National Pollutant Discharge Elimination System Permit (collectively, "NPDES Permits") before discharging stormwater into the waters of the United States. The County of Riverside ("County") has formed the County Service Area 152 National Pollutant Discharge Elimination System ("CSA 152") to finance a portion of its programs and obligations associated with the municipal NPDES Permits and individual General NPDES Permits, and it is in the best interests of both the County and the City of Rancho Mirage ("City") to cooperate in the administration and implementation of the NPDES Permits. The City was formally annexed into CSA 152 by the County by County Resolution No. 93-454, dated December 21, 1993.

The attached agreement ("Agreement") sets forth obligations on the part of the City and County for administration of CSA 152 in which the County will set and collect as part of the tax roll an assessment for NPDES-mandated programs. Since a similar agreement is already in place with the County (and has been in place for several years), approval of this Agreement will essentially allow continuation of CSA 152 assessments to fund the City's efforts to comply with federal mandates in accordance with Section 402(p).

Among the City's duties, the City must provide additions to the previous year's tax roll, if any, to be placed on the next following fiscal year tax roll by the County, and notify the County of any corrections to rejected parcels to be placed on the tax roll prior to the Auditor Controller's deadline for submittal of parcel numbers.

AGENDA ITEM #

DATE: February 20, 2025 Page 2 of 2
CSA 152 NPDES Program Agreement

JUSTIFICATION OR INFORMATION CONTINUED
The County will be required to forward the parcel numbers received from the City to the Auditor Controller to be placed on the tax roll, among other things. The County will also be required to reimburse the City for actual expenditures incurred for administrative duties performed.

The term of the Agreement will be five (5) years with two (2) two (2) — year renewal options. The Agreement may also be terminated by either party with thirty (30) days written notice. If the City Council should approve the Agreement, it is anticipated that the County will take this item to its Board for approval in May or June of 2025.

ATTACHMENT(S):

1. Draft Agreement
AGENDA ITEM #

ATTACHMENT 1

DRAFT AGREEMENT
(SEE ATTACHED)
AGENDA ITEM #

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ADMINISTRATIVE SERVICES AGREEMENT
FOR CSA 152 NPDES PROGRAM

BETWEEN

COUNTY OF RIVERSIDE AND CITY OF RANCHO MIRAGE
The Administrative Services Agreement for CSA 152 NPDES Program ("Agreement") entered into as of this day of 2025 by the COUNTY OF RIVERSIDE ("COUNTY") and the CITY OF RANCHO MIRAGE ("CITY") (individually "Party" and collectively "Parties") establishes the responsibilities and obligations of each Party concerning the management and financing of COUNTY SERVICE AREA 152 NATIONAL POLLUTAN DISCHARGE ELIMINATION SYSTEM ("CSA 152").

RECITALS
WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water Act (CWA) [33 U.S.C. 1342(p)]; and,
WHEREAS, Section 402(p) requires certain municipalities, construction and industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES) Permit before discharging storm water into the waters of the United States; and, WHEREAS, COUNTY and CITY have obtained or will obtain the appropriate municipal NPDES Permit as applicable for each of the three watersheds of the County of Riverside; and, WHEREAS, COUNTY has formed CSA 152 to finance a portion of its programs and obligations associated with the municipal NPDES Permits and individual General NPDES Permits; and,
WHEREAS, cooperation between COUNTY and CITY in the administration and implementation of the NPDES Permits is in the best interests of COUNTY and CITY; and, WHEREAS, CITY was formally annexed into CSA 152 by COUNTY Resolution No. 93- 454 on December 21, 1993; and,
WHEREAS, COUNTY and CITY are to perform certain duties prescribed in this Agreement that will benefit all Parties;

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NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. DELEGATION OF RESPONSIBILITIES. The responsibilities of each Party shall be as follows:
a. CITY shall assume the responsibilities and meet the requirements of CSA 152 administration for CITY by:
i. Providing additions to previous year's tax roll (if any) to be placed on the upcoming fiscal year tax roll.
ii. Providing agenda item approving Benefit Assessment Unit (BAU) Levy and CITY'S CSA 152 budget for each fiscal year.
iii. Notify COUNTY of any changes to Tax Rate Area of individual parcels to be placed on Tax Roll.
iv. Research parcels that were rejected from list of Assessor Parcel Numbers (APNs) submitted to COUNTY.
v. Notify COUNTY of any corrections to rejected parcels to be placed on Tax Roll prior to Auditor Controllers deadline for submittal of APNs. vi. Submit to COUNTY requests for reimbursement of actual expenditures incurred under provision of approved CITY CSA 152 budget. b. COUNTY shall assume the responsibilities and meet the requirements of CSA 152 administration for COUNTY and CITY by:
i. Forwarding of APNs received from CITY to Auditor Controller to be placed on Tax Roll.
ii. Notify CITY of any rejected parcels.
iii. Forward CITY'S corrections of rejected parcels to Auditor Controller. iv. Provide spreadsheet of CSA 152 assessments placed on tax roll and fiscal year financial summary.
v. Collect assessment for CSA 152 on behalf of CITY.
vi. Reimburse CITY for actual expenditures incurred under provision of approved CITY CSA 152 budget.

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2. FEES AND PAYMENT. COUNTY shall administer CSA 152 for the benefit of COUNTY and CITY. COUNTY shall charge six (6%) percent of new CITY CSA 152 annual revenue for administration.

3. TERM OF AGREEMENT. The term of this Agreement shall commence on the date the Agreement is approved by the COUNTY. This agreement duration shall be for a period of five (5) years from the date of execution and with two (2) two-year renewal options subject to the written consent of both Parties.

4. WITHDRAWAL FROM AGREEMENT. Either Party may terminate this Agreement thirty (30) days after submitting written notice to the other Party. In the event termination becomes effective, termination shall constitute forfeiture by the terminating Party of its share of costs and administrative fees paid as described in Section 2 of this Agreement up to the effective date of termination. The terminating Party shall be responsible for all lawfully assessed penalties as a consequence of termination.

5. AMENDMENTS TO THE AGREEMENT. This Agreement may be amended by mutual consent of the Parties to the Agreement. No amendment to this Agreement shall be effective unless it is in writing and signed by the duly authorized representatives of the Parties.

6. GOVERNING LAW AND SEVERABILITY. This Agreement will be governed and construed in accordance with laws of the United States and the State of California. Any conflict between the terms of this Agreement and the provisions of such laws and regulations, the latter shall control. If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired hereby.

7. CONSENT TO BREACH NOT A WAIVER. No term or provision hereof shall be deemed waived and no breach excused, unless such a waiver or consent is in writing and signed by the Party so waiving or consenting. Any consent by any Party to, or waiver of, a breach by the other Party, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

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8. APPLICABILITY OF PRIOR AGREEMENTS. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter; all CSA 152 prior agreement, representations, customs, usage, statement, negotiations, and understandings are superseded hereby.

9. HOLD HARMLESS. Each Party shall indemnify and hold harmless the other party from liability or damages resulting from its own acts or omissions including those of its officers or employees in the performance of this Agreement.

10. AUTHORIZED SIGNATURES. The Parties warrant and represent that the individuals signing this Agreement on their behalf can and do bind the Parties to the terms of this Agreement.

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IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written.

COUNTY OF RIVERSIDE, CITY OF RANCHO MIRAGE
On behalf of CSA 152
Chairman, Board of Supervisors City Manager
Approved as to Form Approved as to Form
County Counsel City Attorney
BY BY
ATTEST:

Clerk of the Board
ATTEST:

City Clerk
BY BY
G:\CSA\CSA 152 NPDES\Admin Services Agreements 2025\City of Rancho Mirage

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Rancho Mirage City CouncilFebruary 20, 2025

Rancho Mirage City Council
February 20, 2025