indicates that the Project site supports suitable habitat for slender cottonheads (Nemacaulis denudate var. gracilis) and chaparral sand -verbena (Abronia villosa var. aurita) but none were observed during field surveys. CDFW concurs that the Project site contains suitable habitat for these two species. Page 4 of the Biological Assessment indicates that general biological surveys were conducted on February, 12, 2024, a time that is outside of the typical bloom period for slender cottonheads (April and May according to Calflora).
Additionally, photos provided in the Biological Assessment appear to show presence of desert sand verbena (Abronia villosa), though the Biological Assessment does not indicate that desert sand verbena was observed on -site or discuss how the absence of a rare variety of the species, chapparal sandverbena, was determined.
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Per CDFW's Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (CDFW 2018), CDFW recommends that botanical field surveys are conducted at the times of year when plants will be both evident and identifiable. Since surveys were conducted outside of the peak bloom period for slender cottonheads, and the Biological Assessment lacks a discussion of how absence of chapparal sand -verbena was determined, CDFW is concerned that the assessment of the existing environmental setting with respect to special -status plants has not been adequately analyzed in the MND. Compliance with CEQA is predicated on a complete and accurate description of the environmental setting that may be affected by the proposed Project. CDFW is concerned that without a complete and accurate description of the existing environmental setting, the MND likely provides an incomplete or inaccurate analysis of Project -related environmental impacts and whether those impacts have been mitigated to a level that is less than significant. Without an appropriate assessment of the biological resources, particularly focused on special -status plants, appropriate avoidance, minimization, and/or mitigation measures cannot be identified, and it is uncertain if impacts to biological resources have been reduced to a level less than significant. CDFW recommends the MND and its supporting documents be revised to include the results of a thorough, recent, floristic -based assessment of special status plants and natural communities, following CDFW's Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (CDFW 2018), which includes conducting botanical field surveys at the times of year when plants will be both evident and identifiable. Based on the findings of a thorough, recent floristic -based assessment, CDFW recommends that the MND is revised to include appropriate avoidance, minimization, and mitigation measures.
The MND includes Mitigation Measure BIO-2, indicating that a "focused plant survey should be considered for all special status plant species that have the potential to occur on the site to be performed during the blooming season (April -June) to determine the potential environmental effects of the proposed projects on special status plants and sensitive natural communities following recommended protocols by the Department of Fish and Wildlife." CDFW considers the measure to be inadequate, in part, because it does not identify specific survey protocols or include appropriate avoidance, minimization, and mitigation. To reduce impacts to special -status plants to a level less than significant, CDFW recommends the City revise Mitigation Measure BIO-2 as follows (with additions in bold and removals in s ri https://wildlife.ca.qov/Conservation/Plants) shall be performed by a qualified biologist. Should any state -listed plant species (excluding CVMSHCP Covered Species) be present in the Project area, the Project proponent shall obtain appropriate California Endangered Species Act (CESA) authorization for those species prior to the start of Project activities. Should any species of native plants designated as rare, threatened, or endangered by state law (excluding CVMSHCP Covered Species) be present in the Project area, on -site or off -site habitat restoration (whichever is applicable) and/or enhancement and preservation should be evaluated and discussed in detail.
Where habitat preservation is not available on -site, off -site land acquisition, management, and preservation should be evaluated. A -ocusec p ant survey siou d be considercc for a cpccia status plant species that have the potential to occur on the site to be performed during the blooming season (April RESPONSE TO COMMENTS • OCTOBER 2025
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..une)toc
etermine the potentia
sensitive na
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environmenta elects of ie proposed pro.ects on specia
ies fo
owing recommences protoco say tie Deparment o Fis
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anc Wi c ife.
Pursuant to the CEQA Guidelines, section 15097(f), CDFW has prepared a draft mitigation monitoring and reporting program (MMRP) in Attachment 1 for CDFW recommended revisions to MM BIO-1 and MM BIO- 2 and CDFW-recommended MM BIO-[A], MM BIO-[B], and MM BIO-[C].
Response #7
The comment is noted for the record. Mitigation Measure BIO-2 has been revised to address the CDFW's concerns regarding the identification of specific survey protocols along with appropriate avoidance, minimization, and mitigation strategies. The revised mitigation language would be incorporated into the ISMND by reference. The CDFW indicated that the revised mitigation measure would reduce the impacts to special -status plants to a level less than significant, The revised mitigation is provided below (with additions in bold and removals in s ri<etirougi):
Mitigation Measure BIO-2: Special -Status Plants. Prior to Project construction activities, a thorough, recent, floristic -based assessment of special status plants and natural communities, following CDFW's Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities shall be performed by a qualified biologist. Should any state -listed plant species (excluding CVMSHCP Covered Species) be present in the Project area, the Project proponent shall obtain appropriate California Endangered Species Act (CESA) authorization for those species prior to the start of Project activities. Should any species of native plants designated as rare, threatened, or endangered by state law (excluding CVMSHCP Covered Species) be present in the Project area, on -site or off -site habitat restoration (whichever is applicable) and/or enhancement and preservation should be evaluated and discussed in detail. Where habitat preservation is not available on -site, off -site land acquisition, management, and preservation should be evaluated. A focused p an survey should be considered for all special status plant species that have the potential to occur on the site to be performed during the blooming season (April -June) to determine the potential environmental effects o tic proposcc pro.cc.s on spccia status p ants anc sensitive na.ura communities o owing recommenced protoco s by the Department o Fisi anc Wi c i e.
Comment #8 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.).
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With regard to the CVMSHCP, per its associated Implementing Agreement (IA) and Permits from CDFW and the U.S. Fish and Wildlife Service (the Wildlife Agencies), Take associated with Covered Activities will not be in violation of the Migratory Bird Treaty Act and will be consistent with Fish and Game Code sections 3503 and 3503.5; therefore, all Covered Activities within and outside Conservation Areas must undertake measures to avoid the take of individuals, nests, and eggs of nesting birds. The CVMSHCP includes a general conservation measure that applies to all bird species to avoid impacts to habitat for nesting birds during the nesting season (CVMSHCP Section 9.7). Per IA Section 13.2, the City is obligated to ensure the projects to which it confers Take Authorization under the CVMSHCP comply with all terms and requirements of the CVMSHCP, the Wildlife Agencies' Permits that create the CVMSHCP, and the IA, including compliance with laws that protect nesting birds.
The MND and its supporting documents lack an analysis on the potential impacts of the Project on nesting birds and their suitable habitat, though the MND includes a mitigation measure for nesting birds. CDFW considers the Project site to contain suitable habitat for ground -nesting birds and birds that nest in shrubs and trees, including both native and non-native vegetation (including ornamental plants). Disturbance to and removal of vegetation within and surrounding the Project areas has the potential to impact nesting birds. Construction noise associated with the Project also has the potential to impact nesting birds. The direct and indirect impacts of the Project have the potential to significantly adversely affect nesting birds.
CDFW considers the mitigation measure for nesting birds in the MND to be inadequate in scope and timing to reduce impacts to nesting birds to a level less than significant. In alignment with the CVMSHCP's general conservation measure for nesting birds (CVMSHCP Section 9.7), CDFW recommends Project construction activities are conducted outside of the peak nesting bird season.
CDFW also recommends the completion of nesting bird surveys regardless of the time of year to ensure that impacts to nesting birds and their nests and eggs 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., 2017). CDFW staff have observed that climate change conditions may result in the 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. To support the City in reducing impacts to nesting birds to a less than significant level, CDFW recommends the City revise the mitigation measure for nesting birds as follows (with additions in bold and removals in stri (et 1roug i):
Mitigation Measure BIO-1: Nesting Birds
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 preconstruction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground. Nest RESPONSE TO COMMENTS • OCTOBER 2025
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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.
Pre construction surveys for burrowing ows anc nesting bircs pro ectec urcer tie Migra.ory Birc Treaty Act anc Section 3503 of tic Ca i-ornia Fish anc Wi c ifc Coco sha ae conductcc prior to le commencement of Project re
atec grounc cisturbance.
a. Appropriate survey metiods anc timeframes sla be es as is led, o ensure tiat Glances of detecting the target species are maximized. In the event that listed species, cuci as ccscrt -ortoise, are encounterec, autioriza ion -rom tie USFWS anc CDFW mus be ob aincd. - nesting airds arc cetectec, avoicancc measures sia be imp ementec to ensure .ha nes s are not cis urbec unti a to young lave f ecged.
b. Pre construction surveys sia encompa°s a areas within tie potentia footprin of dis urbancc for the project, as well as a reasonable buffer around these areas Response #8
The site supports a disturbed desert scrub community which sparsely covers the property. Species present on the site included kelch grass (Schismus barbatus), creosote bush (Larrea tridentata), Four -winged saltbush (Atriplex canescens), Asian mustard (Brassica tournefortii), Nettle leaved goosefoot (Chenopodiastrum murale) and Brittlebush (Encelia farinosa). The surface soil is composed of light olive gray fine sand. The project location is within what would be the California Creosote Bush Scrub plant community; however, the ground surface in the project area has been cleared of native vegetation in the past and existing vegetation include introduced and ruderal species such as landscaping plants and low- lying grasses. The entirety of the project area has been disturbed in the past, with all native vegetation being removed. Nevertheless, the biological report acknowledged that nesting birds located onsite are protected under the Migratory Bird Treaty Act and Section 3503 of the California Fish and Wildlife Cod. For this reason, surveys shall be conducted prior to the commencement of Project -related ground disturbance.
The revised mitigation is outlined below. Deleted text is noted using stri <eout and new text is shown in bold lettering.
Mitigation Measure B1O-1: Nesting Birds. 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 preconstruction 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 RESPONSE TO COMMENTS • OCTOBER 2025
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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. Prc construc'on purveys -or aurrowing ow s anc nesting bircs protectec under tie Migratory Bird Treaty Act and Section 3503 of the California Fish and Wildlife Code sla be concuc cc prior o tic commencement of Project re atec grounc cisturbance.
a. Appropriate survey metiocs anc time rames sia be estab isiec, to ensure tia dances of cetecting tie target species are maximizes. n tie event tiat isted species, suci as cesert tortoise, are encountered, authorization from the USFWS and CDFW mus be ob ained. f nesting birds are detected, avoidance measures shall be imp emen-ec to ensure t1a ncc s arc not cisturaed unti after young lave f edges.
b. Pre const-uction surveys pia encompass a areas wi hin tie potentia footprint of dis urbancc for the project, as well as a reasonable buffer around these areas Comment #9 Burrowing Owl
On October 10, 2024, the Fish and Game Commission determined that western burrowing owl warrants protection as a candidate species under the California Endangered Species Act (Fish & G. Code, § 2050 et seq.). During the candidacy period, western burrowing owl will be afforded the same protection as threatened and endangered species under CESA. If Project activities, including relocation, could result in take, appropriate CESA authorization (i.e., Incidental Take Permit under Fish and Game Code section 2081) should be obtained prior to commencement of Project activities.
Take of individual burrowing owls and their nests or eggs is defined by Fish and Game Code section 86, and prohibited by sections 3503, 3503.5, and 3513. 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." 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.).
With regard to the CVMSHCP, the CDFW Natural Community Conservation Plan (NCCP) Permit #2835- 2008-001-06 does not provide Take Authorization for burrowing owl individuals, nests, or eggs. To the contrary, section 3.5.6 of the NCCP Permit states burrowing owl "pairs or individuals will not be Taken" and reiterates that the "HCP/NCCP does not authorize Take of [burrowing owl] nests [or] eggs[.]" Therefore, throughout the CVMSHCP area —both within and without Conservation Areas—Permittees must ensure RESPONSE TO COMMENTS • OCTOBER 2025
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that activities occurring within their jurisdictions do not result in the take, possession, or destruction of burrowing owl individuals, nests, or eggs. Any activity occurring within the CVMSHCP area 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 IA Section 13.2, the City is obligated to ensure the projects to which it confers Take Authorization under the CVMSHCP comply with all terms and requirements of the CVMSHCP, the Wildlife Agencies' Permits that created the CVMSHCP, and the IA, including compliance with laws that protect burrowing owls.
CNDDB (2024). No owls were seen on the property during the survey, and minimal suitable habitat was observed. Burrowing owls are not expected to occur on the site due to lack of suitable vegetation and burrows." Page 4 of the Project's General Biological Resources Assessment (Biological Assessment), dated March 3, 2023, states that "following completion of the initial reconnaissance survey, habitat assessments were conducted for the burrowing owl." The MND and its supporting documents lack information on the protocols used to conduct a habitat assessment for burrowing owl and lack reporting on the findings of the habitat assessment, including, but not limited to, a discussion of vegetation and habitat types potentially supporting burrowing owls in the Project area and vicinity, a written description of the biological setting as it relates to the potential presence of burrowing owl, and the locations of any suitable burrows and/or burrow surrogates identified within or adjacent to the Project site. Given the MND's lack of findings from a habitat assessment and recent focused surveys for burrowing owl following the guidelines in the Staff Report on Burrowing Owl Mitigation, the number and locations of suitable and occupied burrows within the Project site and surrounding areas are unknown, and CDFW is limited in its ability to provide biological expertise to support the City in reducing impacts to burrowing owl to a level less than significant.
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.
Based on review of historical aerial imagery, most areas of the Project contain vacant land with sparse vegetation cover that is suitable nesting and foraging habitat for burrowing owl. CDFW also notes that burrowing owls have also been observed within 1.3 miles of the Project site in areas associated with the Whitewater River based on unprocessed occurrence data accessed using the California Natural Diversity Database. Burrowing owls also frequently move into disturbed areas prior to and during construction activities since they are adapted to highly modified habitats. CDFW considers the Project site and surrounding vacant area to contain suitable nesting and foraging habitat for burrowing owl. Given the presence of suitable habitat for burrowing owl within the Project sites and surrounding area, CDFW recommends that the MND is revised to include the results of focused surveys, including survey reports, for burrowing owl within the Project site and surrounding area following the guidelines outlined in Appendix D of the Staff Report on Burrowing Owl Mitigation and to incorporate appropriate avoidance, minimization, and mitigation measures for burrowing owl. Focused surveys and pre -construction surveys are needed to inform appropriate avoidance, minimization, and mitigation measures and support the City in reducing impacts to burrowing owl to a level less than significant. Without conducting focused and pre -construction surveys and incorporating appropriate avoidance, minimization, and mitigation measures, the Project is at risk of significantly adversely affecting burrowing owl.
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be required by CDFW to determine if any owls have moved on to the site since the February 12, 2024 surveys." The MND includes Mitigation Measure BIO-1, which addresses both nesting birds and burrowing owl. CDFW considers Mitigation Measure BIO-1 to be inadequate in scope and timing to reduce impacts to burrowing owl to a level less than significant. CDFW recommends the City add the following stand-alone mitigation measure for burrowing owl to a revised MND:
Mitigation Measure BIO-[A]: Burrowing Owl Focused and Pre -Construction Surveys Suitable burrowing owl habitat has been confirmed on the site; therefore, focused burrowing owl surveys shall be conducted by a CVMSHCP-approved Acceptable Biologist in accordance with the Staff Report on Burrowing Owl Mitigation (2012 or most recent version) 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 Avoidance and Monitoring Plan that shall be submitted to CDFW for review and approval prior to commencing Project activities. The Burrowing Owl Plan shall describe proposed avoidance and monitoring actions, including measures necessary to avoid take of burrowing owl individuals, nests, and eggs. The Burrowing Owl Plan shall include the number and location of occupied burrow sites (occupied site means at least one burrowing owl or its sign has been observed within the last three years; may be indicated by owl sign including feathers, pellets, prey remains, eggshell fragments, or excrement at or near a burrow entrance or perch site), 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(s) or burrowing owl individuals, nests, or eggs cannot be avoided, appropriate CESA authorization (i.e., Incidental Take Permit under Fish and Game Code section 2081) should be obtained from CDFW prior to commencement of Project activities. 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 repeated when there is a pause in construction of more than 30 days. Preconstruction surveys shall be performed by a CVMSHCP-approved Acceptable 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 Avoidance and Monitoring Plan that shall be submitted to CDFW and USFWS for review and approval prior to commencing Project activities.
Response #9
Both the IS/MND and the and the Biological Report that was prepared for the project indicated there was a potential for burrowing owls to be present on the site and that a preconstruction survey was warranted.
The IS/MND states "the site is located within documented burrowing owl habitat according to CNDDB (2024). No owls were seen on the property during the survey, and minimal suitable habitat was observed. Burrowing owls are not expected to occur on the site due to lack of suitable vegetation and burrows." However, the ISMND did include the following mitigation:
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Biological Resources Mitigation No. Al Pre -construction surveys for burrowing owls and nesting birds protected under the Migratory Bird Treaty Act and Section 3503 of the California Fish and Wildlife Code shall be conducted prior to the commencement of Project -related ground disturbance. a. Appropriate survey methods and timeframes shall be established, to ensure that chances of detecting the target species are maximized. In the event that listed species, such as desert tortoise, are encountered, authorization from the USFWS and CDFW must be obtained. If nesting birds are detected, avoidance measures shall be implemented to ensure that nests are not disturbed until after young have fledged.
b. Pre -construction surveys shall encompass all areas within the potential footprint of disturbance for the project, as well as a reasonable buffer around these areas.
The revised mitigation is outlined below. New text is shown in bold lettering.
Biological Resources Mitigation No. 3. Pre -construction 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 (CDFG 2012 or most recent version). Pre -construction surveys shall be performed by a qualified biologist following the recommendations and guidelines provided in the Staff Report on Burrowing Owl Mitigation. If the pre - construction surveys confirm occupied burrowing owl habitat, Project activities shall be immediately halted. The qualified biologist shall coordinate with the California Department of Fish & Wildlife (CDFW) and United State Fish & Wildlife Service (USFWS) to conduct an impact assessment to develop avoidance and minimization measures to be approved by CDFW prior to commencing Project activities.
Comment #10 Artificial Nighttime Lighting
Sky compliant, in order to reduce the amount of light emitted at the project site at night." The MND lacks additional information on artificial nighttime lighting and any additional associated avoidance measures.
Two of the Project areas are located adjacent to the Whitewater River —an area that provides 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 and vacant 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.
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While plans to condition the Project's artificial nighttime lighting to be Dark -Sky compliant support the Project in limiting lighting impacts to biological resources within areas surrounding the Project site, CDFW considers these minimization 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 BIO-[B]: Artificial Nighttime Lighting Throughout construction and the lifetime operations of the Project, the City 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 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 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.
Response #10
The comment is noted for the record, 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 proposed Project's lighting must be designed so as to prevent emissions of glare or light beyond the property line in accordance with City Municipal Code Section 17.18.050 and the Community Design Element in the City's General Plan. All exterior lighting at the project site would be conditioned to be Dark - Sky compliant, in order to reduce the amount of light emitted at the project site at night and preserve the desert night sky. Further, the City's construction hour restrictions make it unlikely that construction will occur at night. Adherence with the Municipal Code and General Plan will help ensure that lighting on the property would not pose significant impacts to wildlife; no change to the IS/MND is required.
Comment #11 Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee. The Project is located within the CVMSHCP Plan Boundary and outside of a Conservation Area and contains habitat for Covered Species and/or conserved natural communities.
Per CVMSHCP Section 5.2.1.1 and IA Sections 12.2.1 and 13.2, the City is obligated to impose a local development mitigation fee for new development within the Plan Area that impacts vacant land containing Habitat for Covered Species and/or conserved natural communities, including small vacant lots within urban areas that contain natural open space, and to transmit collected fees to CVCC at least quarterly and prior to impacts to Covered Species and their Habitats. To document the City's obligation to impose and transmit a Local Development Mitigation Fee for the Project, CDFW recommends the City add the following mitigation measure to a revised MND:
Mitigation Measure BIO-[C]: CVMSHCP Compliance
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Prior to construction and issuance of any grading permit, the City 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 #11
The ISMND does indicate the Project occurs within the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) plan area and is subject to provisions and policies of the CVMSHCP. No mitigation measure is required given that all development impact fees will be collected as part of the city's normal entitlement and building permit process.
Comment #12 Landscaping
CDFW 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/plandocuments/) . CDFW also 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/ .
Response #12
The comment is noted for the record. The proposed project is a "subdivision" project at this time No specific development plan or landscape plan has been prepared at this time. Future landscaping will require City and Coachella Valley Water District approval and must comply with water efficient standards and the water district's water conservation requirements.
Comment #13 Environmental Data
CEQA requires that information developed in environmental impact reports 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 .
RESPONSE TO COMMENTS • OCTOBER 2025
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PAGE 15
16 LOT SUBDIVISION • TTM 38971
RESPONSE TO COMMENTS
OCTOBER 2025
Response #13
The comment is noted for the record.
Comment #14 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.) Response #14
The comment is noted for the record.
Comment #15 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 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 #15
The comment is noted for the record.
3. REVISIONS TO THE MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
Table 13 Mitigation Monitoring and Reporting Program
Mitigation Measure
Responsible
Agency
Timing
Verification
(Date and
Initials)
AESTHETICS
No Mitigation was required.
AGRICULTURAL RESOURCES
No Mitigation was required.
AIR QUALITY
No Mitigation was required.
RESPONSE TO COMMENTS • OCTOBER 2025
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PAGE 16
16 LOT SUBDIVISION • TTM 38971
RESPONSE TO COMMENTS
OCTOBER 2025
BIOLOGICAL RESOURCES
Biological Resources Mitigation Measure No. 1. 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 preconstruction 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.
Project Developer
Qualified Biologist
City of Rancho
Mirage
Prior to
commencement of
Construction
Biological Resources Mitigation Measure No. 2. Prior to Project construction activities, a thorough, recent, floristic -based assessment of special status plants and natural communities, following CDFW's Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and
Sensitive Natural Communities (see
https://wildlife.ca.gov/Conservation/Plants) shall be performed by a qualified biologist. Should any state -listed plant species (excluding CVMSHCP Covered Species) be present in the
Project area, the Project proponent shall obtain appropriate California Endangered Species Act (CESA) authorization for those species prior to the start of Project activities. Should any species of native plants designated as rare, threatened, or endangered by state law (excluding CVMSHCP Covered
Species) be present in the Project area, on -site or off -site habitat restoration (whichever is applicable) and/or
enhancement and preservation should be evaluated and
discussed in detail. Where habitat preservation is not available on -site, off -site land acquisition, management, and preservation should be evaluated.
Project Developer
Qualified Biologist
City of Rancho
Mirage
Prior to
commencement of
Construction
Biological Resources Mitigation Measure No. 3. Pre -
construction 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 (CDFG 2012 or most recent version). Pre -construction surveys shall be performed by a qualified biologist following the
recommendations and guidelines provided in the Staff Report on Burrowing Owl Mitigation. If the pre -construction surveys confirm occupied burrowing owl habitat, Project activities shall be immediately halted. The qualified biologist shall coordinate with the California Department of Fish & Wildlife (CDFW) and United State Fish & Wildlife Service (USFWS) to conduct an impact assessment to develop avoidance and minimization measures to be approved by CDFW prior to commencing
Project activities.
Project Developer
Qualified
Biologist
City of Rancho
Mirage
Project Proponent
shall provide the
City with pre -
construction
surveys prior to the
issuance of any
permit to allow
ground
disturbance.
CULTURAL RESOURCES
No Mitigation was required.
RESPONSE TO COMMENTS • OCTOBER 2025
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PAGE 17
16 LOT SUBDIVISION • TTM 38971
RESPONSE TO COMMENTS
OCTOBER 2025
GEOLOGY AND SOILS
No Mitigation was required.
GREENHOUSE GAS EMISSIONS
No Mitigation was required.
HAZARDS AND HAZARDOUS MATERIALS
No Mitigation was required.
HYDROLOGY AND WATER QUALITY
No Mitigation was required.
LAND USE AND PLANNING
No Mitigation was required.
MINERAL RESOURCES
No Mitigation was required.
NOISE
No Mitigation was required.
POPULATION AND HOUSING
No Mitigation was required.
PUBLIC SERVICES
No Mitigation was required.
RECREATION
No Mitigation was required.
TRANSPORTATION/TRAFFIC
No Mitigation was required.
TRIBAL CULTURAL RESOURCES
Tribal Cultural Resources Mitigation Measure No. 1. The Agua Caliente Band of Cahuilla Indians must be notified a minimum of 30 days prior to any earth -moving activities including grading, grubbing, trenching, or excavations at the site. All earth -moving activities including grading, grubbing, trenching, or excavations at the site shall be monitored by a qualified archaeologist and/or approved Agua Caliente Native American Cultural Resource Monitor(s).
Project Developer
Cultural Monitor
City of Rancho
Mirage
Prior to
commencement of
Construction
Tribal Cultural Resources Mitigation Measure No. 2. A qualified archaeologist and approved Agua Caliente Native American Cultural Resource Monitor(s) shall provide preconstruction training for all earthmoving construction personnel prior to the start of any ground - disturbing activities, regarding how to recognize the types of Tribal Cultural Resources and/or archaeological resources that may be encountered and to instruct personnel about actions to be taken in the event of a discovery. Should cultural materials be discovered, they shall be recorded and evaluated in the field. The monitors shall be prepared to recover artifacts to avoid construction delays but must have the power to temporarily halt or divert construction equipment to allow for controlled archaeological recovery if a substantial cultural deposit is encountered. If artifacts are discovered, these shall be cataloged and analyzed. The archaeologist and monitor, in discussion with the Tribal Historic Preservation Office, shall determine and implement the best course of action for the treatment and disposition of the artifacts.
Project Developer
Cultural Monitor
City of Rancho
Mirage
During the Project's
construction phase
Tribal Cultural Resources Mitigation Measure No. 3. In the unexpected event human remains are uncovered during construction Project Developer
Cultural Monitor
During the Project's
construction phase
RESPONSE TO COMMENTS • OCTOBER 2025
1651
PAGE 18
activities, all construction work taking place within the vicinity of the discovered remains must cease and the necessary steps to ensure the integrity of the immediate area must be taken. The County Coroner must be notified within 24 hours of the discovery of human remains. If the remains discovered are determined by the Coroner to be of Native American descent, the Coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC would in turn contact the Most Likely Descendant (MLD) would determine further action to be taken. The MLD would have 48 hours to access the site and make a recommendation regarding disposition of the remains.
City of Rancho
Mirage
16 LOT SUBDIVISION • TTM 38971
RESPONSE TO COMMENTS
OCTOBER 2025
UTILITIES AND SERVICE SYSTEMS
No Mitigation was required.
Wildfire
No Mitigation was required.
I I I
RESPONSE TO COMMENTS • OCTOBER 2025
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PAGE 19
ATTACHMENT 5
CITY O RANC O MIRAGE
DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
[email protected] • (760) 328-2266
NOTICE OF DETERMINATION AND MITIGATED NEGATIVE DECLARATION To: ® Office of Land Use and Climate Innovation ® Riverside County Clerk 1400 Tenth Street P.O. Box 751
Sacramento, CA 95814 Riverside, CA 92501
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.
State Clearinghouse (SCH) Number: 2025070800
Project Title/Case No.: Environmental Assessment Case No. EA24-0009, Minor Variance Case No. VAR24-0005, and Tentative Tract Map Case No. TTM24-0003 (TTM 38971) ("Project") Project Applicant: Phillip Fomotor
Project Location: North of the intersection of Mirage Cove Drive and Peterson Road. Assessor's Parcel Numbers:
689-090-003, 689-130-004, -005, -013, -014, -017, -018, & 689-140-022 Project Description: Consideration to subdivide eight (8) parcels totaling 19.81 acres into sixteen (16) residential lots.
Phase 1 includes the subdivision of three (3) southern parcels into eight (8) lots, identified as Lots 6, 7, 8, 9, 13, 14, 15, and 16. Phase 2 includes the subdivision of five (5) northern parcels into eight (8) lots, identified as Lots 1, 2, 3, 4, 5, 10, 11, and 12. The project site is currently vacant and has a zoning designation of Residential Estate (R -E). A Minor Variance is proposed to consider a .98 -acre size for two parcels; all other parcels will range in size from 1 acre to 1.55 acres. No single-family residence architectural plans are proposed as part of this project.
This is to advise that the lead agency, City of Rancho Mirage, has approved the above described project on and has made the following determinations regarding the above described project.
1. The project ❑ will O will not have a significant effect on the environment.
2. ❑ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ❑x A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures were ❑ were not made a condition of the approval of the project.
4. A mitigation reporting or monitoring plan ❑x was ❑ was not adopted for this project.
5. A Statement of Overriding Considerations ❑ was ❑x was not adopted for this project.
6. Findings were ❑ were not made pursuant to the provisions of CEQA.
The City Council adopted the following Finding: The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). This is to certify that the Mitigated Negative Declaration with comments and responses and record of project approval is available to the General Public at: City of Rancho Mirage, 69-825 Highway 111, Rancho Mirage, CA 92270.
Mitigated Negative Declaration — Rancho Mirage City Council Date:
Ben Torres, Planning Manager
I hereby certify that the City of Rancho Mirage has made the above findings of fact and that based upon the Mitigated Negative Declaration and hearing record the project will not have a significant effect on the environment.
Date:
Ben Torres, Planning Manager
1653
ATTACHMENT 6
CITY OF RANCHO MIRAGE
Chair Chanter
Vice Chair Bryant
Commissioner Agostini
Commissioner Beale
Commissioner Grey
REGULAR PLANNING COMMISSION MEETING
69-825 Highway 111, Rancho Mirage, CA 92270
Thursday, October 9, 2025, 2:00 PM
DRAFT MINUTES
1. GENERAL
1.A. CALL TO ORDER
Chair Chanter called the meeting to order at 2:00 P.M.
1.B. FLAG SALUTE
Commissioner Agostini led the flag salute.
1.C. ROLL CALL - Agostini, Beale, Grey, Bryant, Chanter
Present: Agostini, Beale, Bryant, Chanter.
Absent: Grey.
MOVED/SECONDED BY AGOSTINI/BEALE TO EXCUSE COMMISSIONER GREY'S ABSENCE. MOTION CARRIED 4/0.
2. COMMISSIONER COMMENTS
Commissioner Agostini thanked the City and staff for honoring G. Dana Hobart, former Rancho Mirage City Council Member, and highlighted his contributions to the City and community.
Vice Chair Bryant reflected on the passing of G. Dana Hobart, calling it a somber time for Rancho Mirage. He praised Mr. Hobart's intelligence, leadership, and integrity, recalling his own appointment to the Planning Commission by Mr.
Hobart in 2018 and the four guiding principles Mr. Hobart shared with him. Vice Chair Bryant highlighted Mr. Hobart's long tenure in public service and dedication to the City.
Chair Chanter agreed with Vice Chair Bryant's remarks, calling them fine words about a valuable man to the community.
3. APPROVAL OF MINUTES
3.A. September 25, 2025, Regular Planning Commission Meeting Minutes —RECOMMENDED ACTION: Approve the September 25, 2025, Regular Planning Commission Meeting Minutes as presented.
The following individual provided public comments: Brad Anderson. 1654
MOVED/SECONDED BY BEALE/AGOSTINI TO APPROVE THE SEPTEMBER 25, 2025, REGULAR PLANNING COMMISSION MEETING MINUTES AS PRESENTED. MOTION CARRIED 4/0.
4. PUBLIC HEARINGS
4.A. Environmental Assessment Case No. EA23-0003, Variance Case No. VAR24-0002, and Tentative Tract Map Case No. TTM23-0001 (TTM 38636) — Applicant: Farhad Zomorodi. Consideration of a 9 -Lot Residential Subdivision on 5.04 Gross Acres. The Project Requests Approval of a Variance to the Very Low Density Residential (R -L-2) Minimum Required Lot Size From 18,000 Sq. Ft. to 16,000 Sq. Ft. Located at 72094 Ginger Rogers Road (APN: 685-080-002)
Joy Tsai, Senior Planner, presented the staff report.
The following individual provided public comments: Brad Anderson.
A discussion ensued.
MOVED/SECONDED BY BEALE/AGOSTINI TO RECOMMEND THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS: 1) APPROVE THE FILING OF A MITIGATED NEGATIVE DECLARATION (SCH# 2025051428) BASED ON ENVIRONMENTAL ASSESSMENT CASE NO. EA23-0003; AND, 2) APPROVE VARIANCE CASE NO. VAR24-0002; AND, 3) APPROVE TENTATIVE TRACT MAP CASE NO. TTM23-0001 (TTM 38636), SUBJECT TO THE CONDITIONS OF APPROVAL, AND BASED ON THE CONTENT AND FINDINGS IN THE STAFF REPORT. MOTION CARRIED 4/0.
4.B. Environmental Assessment Case No. EA24-0009, Minor Variance Case No. VAR24-0005, and Tentative Tract Map Case No. TTM24-0003 (TTM 38971) —Applicant: Phillip Fomotor. Consideration of a 16 -Lot Residential Subdivision on 19.81 Gross Acres. The Project Requests Approval of a Minor Variance to the Residential Estate (R -E) Minimum Required Lot Size of 1 Acre to .98 Acre for Two Lots. North of the Intersection of Mirage Cove Drive and Peterson Road (APN's: 689-090-003, 689-130-004, -005, -013, -014, -017, -018, & 689-140-022) Vice Chair Bryant recused himself, due to the proximity of his residence to the subject project.
The meeting was recessed at 2:24 P.M. and Vice Chair Bryant left the Council Chamber. The meeting was reconvened at 2:30 P.M., with CommissionerAgostini, Commissioner Beale, and Chair Chanter present.
Ben Torres, Planning Manager, presented the staff report. He recommended inclusion of the following three (3) additional conditions of approval:
• As determined to be feasible by the City Engineer curb and gutter shall be installed along the project frontage on Nielson Road and Peterson Road with the curb face at a width to be determined during plan check. • Existing tamarisk trees on the project site shall be removed within 6 months from a final determination on the proposed project by the City Council.
• The ultimate roadway width as determined by the City Engineer shall be installed by the applicant on Peterson Road fronting the following addresses: 38841, 38785, & 38775 Peterson Road.
The following individuals provided public testimony: Kay Williams, Toni Ringlein, Janeen Bahr, and Vicki Petersen.
Phillip Fomotor, applicant, spoke regarding the project and answered questions posed by the Planning Commission.
A discussion ensued.
Stephan Longoria, City Engineer, answered questions posed by the Planning Commission.
MOVED/SECONDED BY BEALE/AGOSTINI TO RECOMMEND THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS: 1) APPROVE THE FILING OF A MITIGATED NEGATIVE DECLARATION (SCH# 2025070800) BASED ON ENVIRONMENTAL ASSESSMENT CASE NO. EA24-0009; 2) APPROVE MINOR VARIANCE CASE NO. VAR24- 0005; 3) APPROVE TENTATIVE TRACT MAP CASE NO. TTM24-0003 (TTM 38971), SUBJECT TO THE CONDITIONS OF APPROVAL WITH THE ADDED CONDITIONS, Al ggQoN THE CONTENT AND FINDINGS IN THE STAFF
REPORT; 4) DIRECT STAFF TO LOOK INTO EQUESTRIAN TRAIL INCLUSION; AND 5) ADD THE FOLLOWING THREE (3) CONDITIONS OF APPROVAL:
• AS DETERMINED TO BE FEASIBLE BY THE CITY ENGINEER CURB AND GUTTER SHALL BE INSTALLED
ALONG THE PROJECT FRONTAGE ON NIELSON ROAD AND PETERSON ROAD WITH THE CURB FACE AT A WIDTH TO BE DETERMINED DURING PLAN CHECK.
• EXISTING TAMARISK TREES ON THE PROJECT SITE SHALL BE REMOVED WITHIN 6 MONTHS FROM A FINAL DETERMINATION ON THE PROPOSED PROJECT BY THE CITY COUNCIL. • THE ULTIMATE ROADWAY WIDTH AS DETERMINED BY THE CITY ENGINEER SHALL BE INSTALLED BY THE APPLICANT ON PETERSON ROAD FRONTING THE FOLLOWING ADDRESSES: 38841, 38785, & 38775 PETERSON ROAD.
MOTION CARRIED 3/0 (VICE CHAIR BRYANT RECUSED).
The meeting was recessed at 3:01 P.M. and Vice Chair Bryant returned to the Council Chamber. The meeting was reconvened at 3:03 P.M. with all four Planning Commissioners present.
5. NON -AGENDA PUBLIC COMMENTS
The following individual provided non -agenda public comments: Vicki Petersen.
6. ADJOURNMENT
Chair Chanter adjourned the meeting at 3:04 P.M.
Date Approved by Planning Commission:
1656
ATTACHMENT 7
•
FRANK SINATRA DR.
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF RANCHO MIRAGE IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 5 EAST,
SAN BERNARDINO BASE
AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM 1/16TH OF ALL COAL, OIL, GAS, AND OTHER MINERAL
DEPOSITS IN SAID LAND, RESERVED IN PATENT FROM THE STATE OF CALIFORNIA, RECORDED DECEMBER 03, 1923 IN
BOOK 8, PAGE 398 OF PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN 689-130-014)
PARCEL 2:
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 5 EAST,
SAN BERNARDINO BASE
AND MERIDIAN.
(APN 689-130-017; APN 689-130-018)
PARCEL 3:
THAT PORTION OF THE NORTHERLY 247.50 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 5 EAST, SAN
BERNARDINO BASE AND
MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, LYING
WESTERLY OF THE WESTERLY LINE OF THE COACHELLA VALLEY STORM WATER CHANNEL.
(APN 689-130-004)
PARCEL 3A:
A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITIES, OVER THE WESTERLY 15 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF
THE NORTHWEST
QUARTER, AND THE WESTERLY 15 FEET OF THE WEST HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND THE EASTERLY 15 FEET OF SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND THE EASTERLY 15 FEET OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER IN SECTION 2, TOWNSHIP 5 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF.
PARCEL 4:
THAT PORTION OF THE NORTH HALF OF THE NORTH HALF QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 5 EAST, SAN
BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 247.50 FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 5, RANGE 5 EAST SAN
BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF; THENCE CONTINUING SOUTH 00`04'50" EAST TO THE SOUTHWEST CORNER OF THE SOUTH HALF
OF THE NORTH HALF OF THE
NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE EASTERLY AND PARALLEL WITH THE NORTH LINE OF THE
SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 2, TO THE WESTERLY BOUNDARY LINE OF THE COACHELLA VALLEY STORM WATER CANAL; THENCE NORTHWESTERLY ON THE WESTERLY
BOUNDARY LINE OF
THE COACHELLA VALLEY STORM WATER CANAL TO A POINT 247.50 FEET SOUTH OF
THE NORTH BOUNDARY LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2,
WHEN MEASURED ON A LINE PARALLEL WITH THE EASTERLY LINE OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE WESTERLY
AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2, TO THE POINT OF BEGINNING. (APN 689-130-005)
PARCEL 5:
THE EASTERLY RECTANGULAR 330.79 FEET OF GOVERNMENT LOT 4, SECTION 2, TOWNSHIP 5 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN, LYING
SOUTHERLY OF THE SOUTH RIGHT OF WAY OF THE COACHELLA VALLEY STORM WATER CHANNEL.
(APN 689-090-003)
PARCEL 6:
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 5 EAST,
SAN BERNARDINO BASE
AND MERIDIAN, IN THE CITY OF RANCHO MIRAGE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
EXCEPTING THEREFROM THE WESTERLY 15 FEET.
ALSO EXCEPTING THEREFROM, 1/16TH OF ALL COAL, OIL, GAS, AND OTHER MINERAL
DEPOSITS CONTAINED IN SAID LAND, AS RESERVED TO THE STATE OF CALIFORNIA IN
THE PATENT RECORDED
DECEMBER 03, 1923 IN BOOK 8, PAGE 398 OF PATENTS, RIVERSIDE COUNTY RECORDS.
(APN 689-140-022)
PARCEL 7:
PARCEL A, IN THE CITY OF RANCHO MIRAGE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON EXHIBIT "A" ATTACHED TO CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 30,
1997 AS INSTRUMENT NO. 355737 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. WEST 1/2 OF THE SOUTHWEST 1/4OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2,
TOWNSHIP 5 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM ONE -SIXTEENTH OF ALL COAL, OIL, GAS, AND MINERAL
DEPOSITS IN SAID LAND RESERVED IN PATENT FROM THE STATE OF CALIFORNIA, RECORDED DECEMBER 03, 1923 IN
BOOK 8, PAGE 398 OF PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN 689-130-013)
A PORTIO\ OF THE NW QUA
AND ME
FOv1OTOR ENGI\
EASEMENT NOTES
HA
89/
RTER OF SECTION 2, TOWNSHIP 5 SOUTH, RA\GE 5 EAST, SAN BE RIDIAN, IN THE COU\TY OF RIVERSIDE, STATE OF CALIFORNIA EE'ING APRIL 2024
1. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT DISCLOSED BY THE PUBLIC RECORDS.
3. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF SAID LAND, LYING WITHIN ANY LAWFULLY ESTABLISHED STREETS, ROADS, OR HIGHWAYS.
4. ANY RIGHT, TITLE, AND INTEREST OF THE STATE OF CALIFORNIA, IN AND TO ALL
COAL, OIL, OILSHALE, GAS, PHOSPHATE, SODIUM, AND OTHER MINERAL DEPOSITS UNDER THE PROVISIONS OF CHAPTER 303, STATUTES OF 1921, EXCEPT AS TO A 15/16THS OF ALL OIL AND GAS RESERVED IN PATENT RECORDED DECEMBER 03, 1923 IN BOOK 8, PAGE 398 OF PATENTS.
5. ANY RIGHT, TITLE, AND INTEREST OF THE STATE OF CALIFORNIA, IN AND TO ALL
COAL, OIL, OILSHALE, GAS PHOSPHATE, SODIUM, AND OTHER MINERAL DEPOSITS, UNDER THE PROVISIONS OF CHAPTER 303, STATUTES OF 1921, EXCEPT AS TO 15/16THS OF ALL OIL AND GAS.
6. EASEMENT IN FAVOR OF HARVEY E. PETERSON AND EDNA P. PETERSON FOR ROAD PURPOSES RECORDED APRIL 23, 1947 IN BOOK 832, PAGE 53 O.R. AFFECTS PARCELS 1 AND 6.
7. EASEMENTS IN FAVOR OF CALIFORNIA ELECTRIC POWER COMPANY FOR UTILITIES PURPOSES RECORDED MARCH 23, 1948 IN BOOK 899, PAGE 277 O.R. AFFECTS PARCEL 6. (CENTERLINE OF UNDISCLOSED WIDTH)
8. EASEMENT IN FAVOR OF CALIFORNIA ELECTRIC POWER COMPANY FOR THE TRANSMISSION OF ELECTRIC ENERGY PURPOSES RECORDED JANUARY 26, 1949 IN BOOK 1047, PAGE 72 O.R.
AFFECTS: PARCELS 2 AND 5
9. EASEMENTS IN FAVOR OF CALIFORNIA ELECTRIC POWER COMPANY FOR THE TRANSMISSION OF ELECTRIC ENERGY PURPOSES RECORDED APRIL 25, 1950 IN BOOK 1167, PAGE 229 O.R.
AFFECTS: PARCELS 1, 2, AND 5. (CENTERLINE OF UNDISCLOSED WIDTH)
10. MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED "AGREEMENT" RECORDED AUGUST 10, 1950 IN BOOK 1196, PAGE 186 O.R.
1 1. EASEMENTS FOR FLOOD CONTROL PURPOSES RECORDED APRIL 1 1 , 1951 IN BOOK 1261, PAGE 183 O.R. AFFECTS: PARCELS 2, 4, AND 5
12. EASEMENTS IN FAVOR OF CALIFORNIA ELECTRIC POWER COMPANY FOR UTILITIES PURPOSES RECORDED NOVEMBER 30, 1951 IN BOOK 1323, PAGE 415 O.R.
AFFECTS: PARCEL 6 (CENTERLINE OF UNDISCLOSED WIDTH)
13. EASEMENTS IN FAVOR OF FLOYD ALTON GILES FOR UNDERGROUND PIPELINES PURPOSES, RECORDED NOVEMBER 13, 1958 IN BOOK 2363, PAGE 7 O.R.
LOCATED FROM THE WELL PUMPING PLANT TO THE NORTH LINE OF SAID LAND.
AFFECTS: PARCELS 2, 3, 4, 5, AND 6
(THE LOCATION CANNOT BE DETERMINED FROM THE RECORD DOCUMENT)
14. EASEMENTS FOR ROAD AND PUBLIC UTILITIES PURPOSES RECORDED JUNE 22, 1959 AS INSTRUMENT NO. 53997 O.R., ALSO RECORDED JUNE 22, 1959 AS INSTRUMENT NO. 53998 O.R.
15. EASEMENTS IN FAVOR OF FLOYD A. GILES FOR UNDERGROUND PIPELINES PURPOSES RECORDED NOVEMBER 09, 1959 AS INSTRUMENT NO. 95489 O.R.
16. EASEMENTS IN FAVOR OF GENERAL TELEPHONE COMPANY OF CALIFORNIA FOR
THE TRANSMISSION OF ELECTRIC ENERGY FOR COMMUNICATION PURPOSES RECORDED OCTOBER 31, 1980 AS INSTRUMENT NO. 203643 O.R.
17. EASEMENTS IN FAVOR OF GENERAL TELEPHONE COMPANY OF CALIFORNIA FOR PUBLIC UTILITIES PURPOSES RECORDED JANUARY 15, 1981 AS INSTRUMENT NO. 7907 O.R.
18. DOCUMENT RECORDED MAY 01, 1981 IN 79588 O.R.
(IT IS NOT ON, OR DOES NOT TOUCH, THE SURVEYED PROPERTY)
19. EASEMENTS IN FAVOR OF: THE CITY OF RANCHO MIRAGE FOR FLOOD CONTROL FACILITIES PURPOSES RECORDED MARCH 30, 1983 AS INSTRUMENT NO. 59319 O.R.
20. EASEMENTS IN FAVOR OF: THE CITY OF RANCHO MIRAGE FOR STORM WATER CONTROL FACILITIES PURPOSES RECORDED AUGUST 03, 1984 AS INSTRUMENT NO. 169692 O.R.
21. THE LAND DESCRIBED HEREIN IS INCLUDED WITHIN A PROJECT AREA OF THE
REDEVELOPMENT AGENCY SHOWN BELOW, AND THAT PROCEEDINGS FOR THE
REDEVELOPMENT OF SAID PROJECT HAVE BEEN INSTITUTED UNDER THE
REDEVELOPMENT LAW (SUCH REDEVELOPMENT TO PROCEED ONLY AFTER THE ADOPTION OF THE REDEVELOPMENT PLAN) AS DISCLOSED BY A DOCUMENT.
REDEVELOPMENT AGENCY: RANCHO MIRAGE REDEVELOPMENT AGENCY RECORDING DATE: FEBRUARY 27, 2004
RECORDING NO: 2004-0134828 OF OFFICIAL RECORDS
22. EASEMENTS IN FAVOR OF: SOUTHERN CALIFORNIA EDISON COMPANY AND VERIZON CALIFORNIA INC. FOR PUBLIC UTILITIES PURPOSES RECORDED JANUARY 14, 2009 AS INSTRUMENT NO. 2009-0017714 O.R.
23. EASEMENTS IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY AND VERIZON CALIFORNIA INC. FOR PUBLIC UTILITIES PURPOSES RECORDED JANUARY 14, 2009 AS INSTRUMENT NO: 2009-0017715 O.R.
24. EASEMENTS IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY AND VERIZON CALIFORNIA INC. FOR PUBLIC UTILITIES PURPOSES RECORDED JANUARY 14, 2009 AS INSTRUMENT NO: 2009-0017716 O.R.
25. EASEMENTS IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY AND VERIZON CALIFORNIA INC. FOR PUBLIC UTILITIES PURPOSES RECORDED JANUARY 14, 2009 AS INSTRUMENT NO: 2009-0017717 O.R.
26. EASEMENTS IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY AND VERIZON CALIFORNIA INC. FOR PUBLIC UTILITIES PURPOSES RECORDED JANUARY 14, 2009 AS INSTRUMENT NO: 2009-0017718 O.R.
31. ANY RIGHTS OF THE PARTIES IN POSSESSION OF A PORTION OF, OR ALL OF, SAID LAND, WHICH RIGHTS ARE NOT DISCLOSED BY THE PUBLIC RECORDS.
OWNER/APPLICANT
HORTI CAESARIS LLC.
9401 WILSHIRE BLVD. 12TH FLOOR
BEVERLY HILLS, CA 90212-2928
CONTACT:
KONSTANTINOS PATIS
CICD LAX
OFFICE: +302108128242
MOBILE: +306947378121
KPATIS@CENTRALICD. CH
VANJA HABEKOVIC
ERVIN COHEN 8c JESSUP LLP.
OFFICE: (310) 281-6377
FAX: (310) 877-6816
ENGINEER/SURVEYROR
FOMOTOR ENGINEERING
225. S. CIVIC DR. SUIT 1-5
PALM SPRINGS, CA 92262
PHILLIP FOMOTOR, CIVIL ENGINEER
EMAIL: [email protected]
TEL: (760) 323-1842
NA
D
N
0 BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTER
SECTION LINE OF SECTION 2, BEING NO0`10'53"W PER RS 152/51.
FEMA ZONE
ZONE X (0.2% ANNUAL CHANCE FLOOD HAZARD OF 1% ANNUAL
CHANCE FLOOD WITH AVERAGE DEPTH LESS THAN ONE FOOT OR
WITH DRAINAGE AREA OF LESS THAN ONE SQUARE MILE) PER
FEMA MAP NO. 06065C1595G EFFECTIVE 08/28/2008.
ASSESSOR PARCEL NUMBER(S)
689-090-003, 689-130-004, 689-130-005, 689-130-013,
689-130-014, 689-130-017, 689-130-018, 689-140-022
EXISTING ZONING
RESIDENTIAL - ESTATE (R -E)
OPEN SPACE - FLOODWAYS & DRAINAGE CHANNELS (OS -W)
PROPOSED ZONING
RESIDENTIAL - ESTATE (RE)
BUILDING SETBACK
FRONT - 25'
REAR - 25'
SIDE (INTERIOR) - 10'
SIDE (STREET) - 15'
SCHOOL DISTRICT
RANCHO MIRAGE SCHOOL DISTRICT
LOT TABULATION
NO. TYPE
LOT(S) 1-16 RESIDENTIAL LOTS
LOT A PUBLIC STREET
LOT B PUBLIC STREET
LOT C PUBLIC STREET
TOTAL: 19.81 AC.
UTILITIES:
ELECTRIC:
WATER/SEWER:
GAS:
TELEPHONE:
CABLE:
GROSS ACRES
17.72 AC.
1.33 AC.
0.70 AC.
0.06 AC.
SOUTHERN CALIFORNIA EDISON
6999 OLD WOMAN SPRING RD.
YUCCA VALLEY, CA 92284
(760) 369-5413
COACHELLA VALLEY WATER DISTRICT
51501 TYLER ST.
COACHELLA, CA 92236
(760) 398-2651
SOCAL GAS
PO BOX 1626
MONTEREY PARK, CA 91754-8626
(909) 305-8261
FRONTIER
1980 ORANGE TREE LN. STE 210
REDLANDS, CA 92374
(951) 992-1715
CCI SYSTEMS (SPECTRUM)
105 KENT ST.
IRON MOUNTAIN, MI 49801
(800) 338-9299
TOLL FREE
A PUBLIC SERVICE BY
UNDERGROUND SERVICE ALERT
TWO WORKING
DAYS BEFORE
YOU DIG
1-800-227-2600
NO.
APPROVED
DATE
DRAWN BY:
DATE:
ti
NORTH
VICINITY MAP
MORNINGSIDE DR.
MIRAGE COVE DR.
INDEX MAP
SCALE 1"= 200'
TRACT MAP NO. 38971
OWNER: HORTI CAESARIS LLC
PH. +30(210)812-8242
MAILING: 9401 WILSHIRE BLVD. 12TH FLOOR
BEVERLY HILLS, CA 90212-2928
SITE: PETERSON RD.
RANCHO MIRAGE, CA 92270
11)
NORTH
DATE: 11/21/2024
PREPARED BY:
FOMOTOR
ENGINEERING
225 S. CIVIC DRIVE, SUITE 1-5
PALM SPRINGS, CA. 92262
(760) 323-1842 FAX (760) 323-1742
SHEET 1
OF 5
SHEETS
JN22106
LEGEND:
ELECTRIC BOX
GUY WIRE
SIGN
TELEPHONE PEDESTAL
UTILITY POLE
TELEPHONE BOX
TV BOX
UTILITY BOX
GAS METER
MAILBOX
WATER VALVE
PRESSURE INDICATOR VALVE
w
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WATER METER
ELECTRICAL MANHOLE
BUILDING
CONCRETE
WATER BACKFLOW PREVENTER
TELEPHONE MANHOLE
TELECOM STRUCTURE
FIRE HYDRANT
STORM DRAIN MANHOLE
STORM DRAIN MANHOLE
IRRIGATION VALVE
GRATE
W _
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SD
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CENTERLINE
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WATER LINE
TELECOM LINE
UNDERGROUND ELECTRIC LINE
GAS LINE
CABLE LINE
FENCE
SANITARY SEWER LINE
STORM DRAIN LINE
O
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OWNER:
JESSE & CHRISTINA STRUSS
APN: 689-400-018
ZONING: OTHER
(RIGHT-OF-WAY)
OWNER:
ANCHO COVE �A�N
1 APN: 689-40 02
ZONING: OTHER (RIGHT -0
/
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APN: 6 9-170-017
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LISA MCFADDEN
APN: 689-170-010 -1 v
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APN: 689-140-017
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21.93'
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OWNER:
PATRICK & MONICA ADAMS
APN: 689-140-016
ZONING: RESIDENTIAL ESTATE I
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I
0 LOT 12
67608 SQFT.
1.55 AC.
PAD 261.6
DIAL
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TOLL FREE
Hir
TWO WORKING
DAYS BEFORE
YOU DIG
1-800-227-2600
NO.
APPROVED
DATE
DRAWN BY:
DATE:
SEAL
TRACT MAP NO. 38971
OWNER: HORTI CAESARIS LLC
PH. +30(210)812-8242
MAILING: 9401 WILSHIRE BLVD. 12TH FLOOR
BEVERLY HILLS, CA 90212-2928
SITE: PETERSON RD.
RANCHO MIRAGE, CA 92270
DATE: 11/21/2024
PREPARED BY:
FOMOTOR
ENGINEERING
225 S. CIVIC DRIVE, SUITE 1-5
PALM SPRINGS, CA. 92262
SHEET 2
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RANCHO MIRAGE MOBILE HOME COMMUNITY
APN: 689-090-002
ZONING: 1T�61.1
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♦ OW ER' HON SUDINSKY
AND`1 S.PO1 SPROLES
2 APN`. 689-090-007
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THOMAS SUDINSKY & SCOTT \SPROLES
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NO.
APPROVED
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NO 9/
TRACT MAP NO. 38971
OWNER: HORTI CAESARIS LLC
PH. +30(210)812-8242
MAILING: 9401 WILSHIRE BLVD. 12TH FLOOR
BEVERLY HILLS, CA 90212-2928
SITE: PETERSON RD.
RANCHO MIRAGE, CA 92270
APRIL 2024
DATE: 11/21/2024
PREPARED BY.
FOMOTOR
ENGINEERING
225 S. CIVIC DRIVE, SUITE 1-5
PALM SPRINGS, CA. 92262
(760) 323-1842 FAX (760) 323-1742
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PRELIMINARY GRADING PLAN
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OWNER: HORTI CAESARIS LLC
PH. +30(210)812-8242
MAILING: 9401 WILSHIRE BLVD. 12TH FLOOR
BEVERLY HILLS, CA 90212-2928
SITE: PETERSON RD.
RANCHO MIRAGE, CA 92270
15'
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PAD +1.2
DATE: 11/21/2024
PREPARED BY.
FOMOTOR
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225 S. CIVIC DRIVE, SUITE 1-5
PALM SPRINGS, CA. 92262
(760) 323-1842 FAX (760) 323-1742
SHEET 5
OF 5
SHEETS
ATTACHMENT 8
Public Comments
Environmental Assessment Case No. EA24-0009,
Minor Variance Case No. VAR24-0005, and Tentative
Tract Map Case No. TTM24-0003 (TTM 38971)
1662
Deanna Mendoza, MBA
From:
Sent:
To:
Subject:
Kristie Ramos, CMC
Thursday, October 9, 2025 10:51 AM
Planning Division
FW: Document shared with you: "Peterson Subdivision"
Good morning,
Please see public comment below.
Best,
Kristie Ramos, CMC
City Clerk
Phone: 760-324-4511 Ext. 488
E-mail: [email protected]
69-825 Highway 111, Rancho Mirage, California, 92270
www. RanchoMirageCa.gov
TRANSPARENCY NOTICE
Some or all of the content of this e-mail and its attachments may be subject to disclosure pursuant to the California Public Records Act (Government Code section 7920-7931, et seq.) From: Kay Williams (via Google Docs)
Sent: Thursday, October 9, 2025 10:10 AM
To: City Clerk
Subject: Document shared with you: "Peterson Subdivision" CAUTION: This email originated from outside The City of Rancho Mirage. DO NOT CLICK links or open attachments unless you recognize the sender and know the content is safe.
Kay Williams shared a document
Kay Williams ([email protected]) has invited you to edit the following document:
16 6 3
Hi! This is a letter that I will read aloud at the planning commission meeting today.
Thank you,
Kay Williams
Peterson Subdivision
This email grants access to this item without logging in. Only forward it to people you trust.
Open
Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA You have received this email because [email protected] shared a document with you from Google Docs.
164
City Clerk of Rancho Mirage, CA
October 9. 2025
Subject Environmental Assessment Case No. EA24-0009, Minor Variance Case No. VAR24-0005. and Tentative Tract Map Case No. TTM24-0003 (TIM 3°971)
Dear Members of Rancho Mirage Planning Commission,
Nly name is Kay Williams. Ivly husband. Ron. and I live within the proposed subdivision under discussion today. We built our home on Peterson Road, and moved in August of 2001. We enjoy living in our area and look forward to homes being built on these residential estate lots.
As members of the community, we appreciate the planning commissions work to implement standards that benefit the whole area. With that said, I only have a few items with which l hope the commission will consider when cooperating with the developer.
1) The tamarisk trees at the north end of Peterson must be taken out. They are overgrown and over the past few winters. the homeless have found it a desirable location. This has led to trash in the area, outright damage of local property, and altercations with individuals with mental health issues. For the proposed homes to be built safely, the tamarisk trees MUST be removed. 2) The lots in the proposed area must be cleaned of dead brush for fire prevention. (I have emails with code enforcement promising action over the years.) The lots should also be treated with a covering to mitigate the blowsand that this creates.
3) Peterson is a quiet street. However, when there are accidents or delays on HWY 111, travelers unfamiliar with the area; drive speedily down Peterson or Mirage Cove. They think they are able to get through to other major streets even though there are signs posted contradicting this belief. We desire that the developer consider placing a structure at key points to give drivers a visual clue that they are entering private areas and the roads dead end.
4) While researching the many particulars of this development. I noticed there is no mention of the "equestrian trail". There is an equestrian easement near the north end of Peterson on the east side to allow horses to be ridden from Peterson to the Butler Trail. When we built, we were required to put in an `equestrian trail' split rail fence, as did our neighbor to the north. I do not see a trail designated on any of the maps in attachment 6. For the continuity of the area, it seems this needs to be added or otherwise what was the point of the requirement?
*This is just a general question regarding point #4. We also had to put in split rail fencing at the back of our property along Butler Trail. Our split rail is significantly further back than the trail and looks quite ridiculous like an afterthought. At the time, we questioned the distance as we gave up a sizeable part of our lot. A person within planning agreed that it was not appropriate. but that was the rule to be followed. Maybe you can come out and rethink it sometime. It truly distracts from the feel of the trail.
Thank you for your considerations regarding the above statements Sincerely,
Kay & Ron Williams
38600 Peterson Road
Rancho FFvllrage
[email protected]
1665
Deanna Mendoza, MBA
From:
Sent:
To:
Subject:
Kristie Ramos, CMC
Tuesday, October 7, 2025 1:02 PM
Planning Division
FW: Peterson Ranch Subdivision
Good afternoon,
Please see public comment below.
Best,
Kristie Ramos, CMC
City Clerk
Phone: 760-324-4511 Ext. 488
E-mail: [email protected]
69-825 Highway 111, Rancho Mirage, California, 92270
www.RanchoMiraceCa.cov
TRANSPARENCY NOTICE
Some or all of the content of this e-mail and its attachments may be subject to disclosure pursuant to the California Public Records Act (Government Code section 7920-7931, et seq.) From: LIS McF
Sent: Monday, October 6, 2025 6:25 PM
To: City Clerk
Subject: Peterson Ranch Subdivision
CAUTION: This email originated from outside The City of Rancho Mirage. DO NOT CLICK links or open attachments unless you recognize the sender and know the content is safe.
October 6, 2025
City of Rancho Mirage
Planning Department
Rancho Mirage, CA. 92270
Dear Members of the Planning Division,
I am writing as a concerned resident regarding the proposed Peterson Ranch development. I respectfully request that the following concerns be thoroughly addressed during the planning and approval process to ensure the project aligns with the best interests of the neighborhood and its residents:
1666
The proposed development should complement the existing character of our neighborhood. Concerns include the scale, design, and density of the project, which could alter the aesthetic and functional cohesion of the area.
The construction phase can cause significant disruption, including noise, dust, and road closures. I request that the planning division establish clear guidelines for construction hours, noise mitigation, brush/tree cleanup and removal, and communication with residents to minimize disturbances and ensure transparency throughout the process.
To foster trust and collaboration, I urge the planning division to provide regular updates and opportunities for meaningful public input. This includes clear communication about the project timeline, scope, and any changes to the original plan. Ensuring that residents' voices are heard will help create a development that benefits the entire community.
I appreciate the opportunity to provide input in lieu of attending the upcoming meeting. I trust that the planning division will carefully consider the potential impacts of this development and implement measures to address them responsibly.
Please feel free to contact me at (760) 992-6500 or [email protected] if additional feedback or clarification is needed.
Thank you for your time and commitment to our community's well-being.
Sincerely,
Lisa McFadden
38900 Kelley Lane
Rancho Mirage, CA. 92270
[email protected]
760-992-6500
"Do not be overcome by evil,
but overcome evil with good."
Romans 12:21
"When someone shows you who they are, believe them the first time." Maya Angelou
1667
Ben Torres
From:
Sent:
To:
Subject:
Good afternoon,
Please see below.
Best,
Kristie
Kristie Ramos, CMC
Wednesday, October 29, 2025 1:05 PM
Planning Division
Fwd: Peterson Rancho Subdivision
Kristie Ramos, CMC
City Clerk
Phone: 760-324-4511 Ext. 488
E-mail: [email protected]
69-825 Highway 111, Rancho Mirage, California, 92270
www.RanchoMirageCa.gov
TRANSPARENCY NOTICE
Some or all of the content of this e-mail and its attachments may be subject to disclosure pursuant to the California Public Records Act (Government Code section 7920-7931, et seq.) Begin forwarded message:
From: Joseph Wilson
Date: October 29, 2025 at 12:55:04 PM PDT
To: "Kristie Ramos, CMC"
Subject: Peterson Rancho Subdivision
CAUTION: This email originated from outside The City of Rancho Mirage. DO NOT CLICK links or open attachments unless you recognize the sender and know the content is safe.
City of Rancho Mirage
City Council Members
Re: City Council Meeting 11-6-25
10-29-25
1668
Peterson Road Subdivision. 19+ acres Subdivide into 16 parcels.
Environmental Assessment Case No. EA24-0009 et. Seq.
Dear City Council Members,
Our neighborhood welcomes the proposed subdivision done with the following components. These will enhance our neighborhood and properly develop one of the last equestrian estate zoned areas in Rancho Mirage.
The neighborhood residents and supporters request the following:
CONDITIONS OF SUBDIVISION APPROVAL
1. Tamarisk Trees at North end of Peterson Road cut down and removed before January 31, 2026. Homeless people encampments around these trees have been a health and safety hazard for the past three years. Many calls to Code Enforcement and Sheriff have been made by nearby residents because of the encampments. With cool weather upon the Valley now, homeless people will again be illegally trespassing and living around the Tamarisk trees.
1669
2. Equestrian Trails existing by deeded easement and those established by common use going back 60+ years be maintained. Rancho Mirage Planning Staff report does not require Developer to have Equestrian Trails. This was based on trails are "under-utilized" currently. However, if the trails system is not required, such would be the death knell for current and future property owners having horses. Elmwood, Peterson Road, Nielson Road, Kelley Lane and Desert Cove properties have had horses in the past. The properties in our neighborhood are zoned for horses and have connection to the Butler -Abrams Trail that goes from Country Club Drive to Wolfson Park. The one -acre parcels in the subdivision will encourage more horses in our neighborhood. Keep or require equestrian trails easements from North end of Elmwood to North end of Nielson Road and North end of Nielson Road to Peterson Road along the North boundary line of 38-752 Nielson Road and 38-775 Peterson Road.
3. Do NOT put a Road from North end of Nielson Road to Peterson Road. This area for an equestrian trail.
4. Cut weeds, remove trash on the 19+ acres. Mitigate blow sand with approved methods.
1670
5. Entry and Exit. New parcels entry and exit onto Peterson Road not Nielson Road or Kelley Lane.
Desired By Neighborhood Consensus
1. Peterson Road North of Mirage Cove and Mirage Cove East of Peterson Road Private not Public streets. Gates are not necessary, but property owners, developer too, could decide to include. Where no gate, erect a "monument" that clearly defines a Private street. With private streets, No curb and gutters.
2. Private streets would be open for horses, pedestrians, bicycles, people walking their dogs and wildlife which is common in area.
3. Future Houses Architecture. Modern, Contemporary, flat roof "white box" houses do not fit in the neighborhood. Architectural styles that enhance the area include Spanish, Mediterranean, Ranch, Farmhouse, Modern Farmhouse, and similar.
4. House construction may/could be 3+ years in future. Plant trees on perimeters of parcels at Northwest corner and Northeast corner of Peterson 1671
Road and Mirage Cove. This would improve this area visually, help block wind and create value for the Developer and neighborhood properties.
JOSEPH WILSON
70300 Desert cove Ave
Rancho Mirage,CA
direct neighbor to development
1672
From: Kristie Ramos, CMC
To: Planning Division
Subject: Fwd: Environmental Assessment Case No. EA24-0009 et. Seq.
Date: Wednesday, October 29, 2025 11:17:07 AM
Attachments: city seal transparent 2 4b81bffe-bb95-4b18-a74a-4086edea3b60.onq Good morning,
Please see below.
Best,
Kristie
Kristie Ramos, CMC
City Clerk
Phone: 760-324-4511 Ext. 488
E-mail: [email protected]
69-825 Highway 111, Rancho Mirage, California, 92270
www.RanchoMirageCa.gov
TRANSPARENCY NOTICE
Some or all of the content of this e-mail and its attachments may be subject to disclosure pursuant to the California Public Records Act (Government Code section 7920-7931, et seq.) Begin forwarded message:
From: [email protected]
Date: October 29, 2025 at 10:49:14 AM PDT
To: "Kristie Ramos, CMC"
Subject: Environmental Assessment Case No. EA24-0009 et. Seq.
CAUTION: This email originated from outside The City of Rancho Mirage. DO NOT CLICK links or open attachments unless you recognize the sender and know the content is safe.
We are writing this email to support the above referenced application.
However, we are suggesting that these modifications be made to the Conditions of Approval:
• Remove the Tamarisk trees, including the root structure at the north end of the property within one year of the approval of this project. • Maintain the equestrian trails.
• Maintain the existing provisions in the zoning ordinance so that horses 1673
can be kept on these properties
• Do not add a new road from Nielson to Petersen
• Remove weeds and trash from the entire property (On -Going) • Do not develop the street to city standards. Keep the streets as private streets that are more reflective of the rural nature of the part of our community. This is what gives the neighborhood its character and desirability.
• Require a perimeter landscape plan that softens the impact on the area while homes are being built. These early landscape improvements will improve the salability of the home and homesites and can be integrated into the long term landscape plans for the development.
Please share these comments with the Council members.
Sincerely:
Mike and Lynn Fontana
P.O. Box 2637
Rancho Mirage
1674
City Council Staff Report
Revision of the Library & Observatory Collection Development Policy in Compliance with the California Freedom to Read Act (AB 1825)
DATE
ITEM #
November 6, 2025
ACTION CALENDAR - 7A.
Presented To
Presented By
City Council and Library & Observatory Board
Aaron Espinosa, Library/Observatory Director
RECOMMENDED ACTION
Introduce Ordinance No. (Next -in -Order), 1st Reading, Amending Section 9.30.072 ("Collection Development Policy") of Chapter 9.30 ("Use of Library and Observatory") of Division III ("Offenses Against Public Peace") of Title 9 ("Public Peace, Morals and Welfare") of the Rancho Mirage Municipal Code.
DISCUSSION
The mission and purpose of the Rancho Mirage Library & Observatory is to provide free and open access to a broad range of educational, scientific, and general interest materials and services for people of all ages and backgrounds. The Library & Observatory strives to maintain a safe, clean, civil, respectful, and tranquil environment conducive to a positive and productive experience for all patrons, whether they are reading, writing, researching, studying, learning, or participating in community programs and events.
The Library & Observatory functions as a limited public forum, providing a venue for learning, discovery, and civic engagement through reading, research, study, and participation in community programs and events.
The Library and Observatory must adopt and submit a compliant Collection Development Policy by January 1, 2026, to the State Librarian. Failure to do so would result in the Library and Observatory being ineligible for funding through the California State Library.
Significant Change — Collection Development Policy:
The California Freedom to Read Act (AB 1825) requires every public library jurisdiction receiving state funding to adopt and maintain a written and publicly accessible Collection Development Policy by January 1, 2026. The policy must be submitted to the State Librarian, who may provide technical assistance and review for compliance.
The Rancho Mirage Library & Observatory has reviewed and updated its Collection Development Policy to meet the requirements of AB 1825. The policy outlines criteria for selecting materials, ensuring intellectual freedom, and maintaining transparency in collection practices. Once approved by the City Council, the policy will be submitted to the State Librarian at [email protected] with a link to the adopted policy. The State Library will use the California Freedom to Read Act Process and Checklist (Attachment B) to verify compliance and will provide feedback as needed.
1675
The Rancho Mirage Library & Observatory Advisory Commission has reviewed and approved the proposed updates to both the Use Policy and the Collection Development Policy and recommends that the City Council review and consider approval of the updates.
FISCAL IMPACT
There are no fiscal impacts associated with adoption of the updated Collection Development Policy and Use Policy.
However, failure to adopt and submit a compliant Collection Development Policy by January 1, 2026, would render the Rancho Mirage Library & Observatory ineligible for funding through the California State Library.
Attachments
Attachment 1 - Draft Ordinance
1676
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, AMENDING SECTION 9.30.072 ("COLLECTION DEVELOPMENT POLICY") OF CHAPTER 9.30 ("USE OF LIBRARY AND OBSERVATORY") OF DIVISION III ("OFFENSES AGAINST PUBLIC PEACE") OF TITLE 9 ("PUBLIC PEACE, MORALS AND WELFARE") OF THE RANCHO MIRAGE MUNICIPAL CODE
WHEREAS, the City of Rancho Mirage ("City") is a charter city and a municipal corporation, and recognized for certain purposes as a political subdivision of the State of California; and
WHEREAS, the mission and purpose of the Rancho Mirage Library & Observatory is to provide free and open access to a broad range of educational, scientific, and general interest materials and services to people of all ages and backgrounds in a safe, clean, civil, respectful and tranquil environment that is conducive to making everyone's visit at the Library & Observatory a positive, productive and enjoyable experience, whether one is engaged in reading, writing, researching, studying, learning, and/or attending and participating in the multitude of community programs and events offered at the Library & Observatory; and WHEREAS, the Library & Observatory is a limited public forum in that it offers a venue for members of the public to gather for purposes of reading, writing, researching, studying, learning, and/or attending and participating in the multitude of community programs and events focused on or centered around specific subject matters or topics and which allows the public to express themselves in an orderly and relevant manner; and
WHEREAS, The California Freedom to Read Act (AB 1825) requires every public library jurisdiction receiving state funding to adopt and maintain a written and publicly accessible Collection Development Policy by January 1, 2026. The policy must be submitted to the State Librarian, who may provide technical assistance and review for compliance. The proposed ordinance updates the Collection Development Policy to meet the requirements of AB 1825; and
WHEREAS, the Rancho Mirage Library & Observatory Advisory Commission has reviewed and approved the proposed updates herein and recommends that the City Council review and consider approval of the revised Collection Development Policy.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully set forth herein.
1677
Section 2. AMEND SECTION 9.30.072 ("COLLECTION DEVELOPMENT POLICY") OF CHAPTER 9.30 ("USE OF LIBRARY AND
OBSERVATORY") OF DIVISION III ("OFFENSES AGAINST
PUBLIC PEACE") OF TITLE 9 ("PUBLIC PEACE, MORALS
AND WELFARE") OF THE RANCHO MIRAGE MUNICIPAL
CODE
That Section 9.30.072 ("Collection Development Policy") of Chapter 9.30 ("Use of Library and Observatory") of Division III ("Offenses Against Public Peace") of Title 9 ("Public Peace, Morals and Welfare") of the Rancho Mirage Municipal Code, is amended as follows:
9.30.072 Collection Development Policy.
The Library & Observatory provides a variety of print and non -print materials to meet the informational, educational, and recreational needs of the entire community. The Library & Observatory serves as a center for voluntary inquiry and the dissemination of information and ideas.
The Library & Observatory seeks to provide breadth within the collection, various points of view, and differing formats. The Library & Observatory endeavors to balance materials of permanent value with those of current interest. Materials are selected based on their content as a whole, not on selected excerpts. The collection meets the broad and diverse interests of the community and respects both the library's autonomy and their specific community needs.
Race, nationality, or political, social, moral, or religious views of an author does not factor into the selection of materials. Selection is based on merit of the work, value of the work within the collection, and the needs and interests of the community.
Consideration is given
to specific types of material: to materials for specific age groups, for special interests of clientele, and to differing formats of materials. Library materials should be provided for the interest, information, and enlightenment of all people, and should present diverse points of view in the collection as a whole. These selection criteria apply equally to materials purchased and those accepted as gifts.
Responsibility for materials selection rests with the Director operating with the authorization of and within the policies established by the Library & Observatory Board of Directors. Under the direction of the Director, staff members participate in the selection of the print, electronic, and audiovisual materials added to the collection based on input from professional reviews, best seller lists, award winners, as well as direct input from the public.
Suggestions from Library & Observatory patrons are encouraged and receive serious consideration. Patrons making requests that items be added to the collection will be referred to the Information Desk.
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The Library & Observatory believes that the use of Library & Observatory materials is an individual and private matter. The Library & Observatory asserts the right of the public to receive access to a range of social, political, aesthetic, moral, and other ideas and experiences. All patrons are free to select or reject materials for themselves.
Parents have the primary responsibility to guide and direct the use of materials by their own minor children. The Library & Observatory shall not act in loco parentis.
The Library & Observatory incorporates the Library Bill of Rights as adopted by the American Library Association Council.
The library serves a diverse public, and, on occasion, a patron may believe that a specific title or resource should not be in the collection. In this instance, the patron should first discuss his or her concerns about the material with the library staff. If, following the discussion, the patron still wishes the library to reconsider the title or source, he or she should fill out a Library Evaluation of Materials form. Forms are available at the library service desks. Because items are evaluated as a whole, a title will not be reconsidered unless the patron making the request has read/viewed/heard the entire item. A reconsideration form submitted without the name of the person making the objection will not be considered. Requests will only be considered from residents of the City of Rancho Mirage. Also, if the material has been previously reconsidered, it will not be reconsidered again unless the more recent request is based on substantially different reasons than an earlier request.
The request will be referred to the Director for review. The patron will be informed in writing of (1) the receipt of the request and (2) the decision. The Director's decision will be considered final.
The title under consideration will remain in the collection throughout the process to support the freedom of other patrons to read, view, or listen.
Some of the Library & Observatory's digital content is provided using third -party vendors. The Library & Observatory subscribes to services in which the third -party vendor, and not Library & Observatory staff, determines the specific titles or materials made available through the service. In these circumstances, the Library & Observatory may not be able to reconsider specific materials that Library & Observatory users object to but may inform the third -party vendor of user concerns and/or take these concerns into consideration in determining whether to continue subscribing to the service.
Section 3. FURTHER ACTIONS
That the Library and Observatory Director is authorized to take all reasonable and necessary steps to effectuate the purpose of this ordinance, including without limitation submitting the updated Collection Development Policy to the State Library. 1679
Section 4. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 5. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted by the City of Rancho Mirage that are in conflict with the provisions of this ordinance are hereby repealed.
Section 6. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its adoption.
Section 7. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this ordinance pursuant to Section
1.04.01 of the Rancho Mirage Municipal Code and finds that the City Council has the authority to adopt this ordinance, that the ordinance is constitutionally valid, and that the ordinance is consistent with the general powers and purposes of the City as set forth in Section 1.04.031 of the RMMC.
Section 8. AMENDING OF BAIL SCHEDULE
That the City Attorney is hereby directed to determine whether this ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
Section 9. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
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THE FOREGOING ORDINANCE WAS ADOPTED at a meeting of the City Council held on , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF RANCHO MIRAGE:
Ted Weill Mayor
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
Colin Kirkpatrick, City Attorney
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