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Home My WebLink AboutD. CUP / PP 08-263 The Living Desert CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: Approval of a request by the Living Desert, located at 47900 Portola Avenue, for a Conditional Use Permit per Municipal Code Section 25.38 and for a Precise Plan Amendment. The request would revise the original Living Desert plan to construct, (in four phases), new zoological exhibits and a new entry complex as follows: Phase 1: African lion, meerkat, rock hyrax enclosures, Phase 2: crocodile, tortoise, lovebird, serval enclosures, Phase 3: future entry complex/events building, Phase 4: future hyena and rhinoceros enclosures. A Mitigated Negative Declaration resulting from an Environmental Assessment pursuant to the California Environmental Quality Act (CEQA) has been prepared for the proposed project. SUBMITTED BY: Renee Schrader, Associate Planner APPLICANT: The Living Desert 47900 Portola Avenue Palm Desert, CA ARCHITECT: Scott Ramser, AIA WDM Architects 105 N. Washington Wichita, KS CASE NO(s): CUP/PP 08-263 DATE: December 2, 2008 I. EXECUTIVE SUMMARY: Approval of Conditional Use Permit and Precise Plan 08-263 would allow the applicant to expand 6.55 acres of vacant land within the interior portion of the original Living Desert to construct, (in four phases), new zoological exhibits and a new entry complex: The construction of the project would include earthwork, erection of exhibit enclosures, and installation of walkways and landscape. Staff Report Case No.s CUP/PP 08-263 December 2, 2008 Page 2 of 9 The project received unanimous approval for its exterior presentation from the Architectural Review Commission at its October 14, 2008 meeting. II. BACKGROUND: A. Property Description: The property is located on the east side of Portola Avenue at the eastern boundary of the city limits. The Living Desert is a master-planned zoological exhibit and demonstration garden in a public park setting, which includes a total of 180 acres of developable park area. An open area within a southern portion of the park, as yet undeveloped, consists of 6.55 acres. The Living Desert has operated as botanical and zoological park since 1970. Jurisdictionally, it is a shared property with the City of Indian Wells. The park administrators intend to construct the exhibits in phases to blend in with existing layout of the park. (See exhibit G: "Illustrated Living Desert Site Plan" and aerial map). B. Zoning and General Plan Designation: Zone: PI Public Institution General Plan: PF Public/Quasi-Public Facilities C. Adjacent Zoning and Land Use: North: R -1 Single Family Homes South: P Pubic Institution: The Reserve Homes East: City of Indian Wells West: PR Planned Residential Homes: Silver Spur, Marrakesh III. PROJECT DESCRIPTION: The 6.55 acres of open land is proposed to be developed in four phases; the first two are part of the initial permits that will be obtained, the second two are future phases, which, while part of the current Precise Plan approval, are not a part of the immediate construction. The first two phases consist of the following: (a) two African lion yards, a meerkat and a rock hyrax exhibit and (b) crocodile, tortoise, lovebird and serval exhibits. The second two phases consist of the following: (c) future entry complex, Special Events building, dining room, kitchen, visitor's center, ticketing area, stroller, locker and tram stop and (d) future hyena and rhino yards. The construction of the first two phases of the project would include earthwork, erection of exhibit enclosures, and installation of walkways and landscape. The Staff Report Case No.s CUP/PP 08-263 December 2, 2008 Page 3 of 9 construction of the second two phases would include construction of buildings with footprints that have not yet been submitted. A. Site Plan: The plan consists of meandering accessible walkways that lead the visitors though the African section of the exhibit. The proposed new zoo area will be contiguous with the existing circulation. The new and the existing paths will continue to be handicapped accessible. The proposed animal enclosures include from north to south a crocodile enclosure, a tortoise exhibit, a meerkat enclosure, and several African lion enclosures that feature opportunities to view lions feeding and resting. To create variety, an African rodent (rock hyrax), love birds, and an exhibit to showcase a smaller African cat, the serval, is also included. B. Architecture: The project architecture is of a contemporary zoo style, utilizing materials that imitate experiences of an African safari adventure. Architecture for the proposed entry complex and special events building has not been submitted. The exhibit yards and shelters are proposed to emulate natural environments. For example, crocodiles are supplied with pool, cave and beach areas. African rock theme work, "mudwall" stucco and canvas coverings are proposed to shelter and surround the enclosures. Where there is fencing, eucalyptus pole pickets are used. IV. ANALYSIS: The Living Desert conforms to all zoning regulations. The following information analyzes the project's expected impact on the site. A. Parking: Parking requirements are not specifically indicated in the Palm Desert Municipal Code Section 25.58 "Off Street Parking and Loading" for zoo or botanical park uses. However, where a Conditional Use Permit is required, the Planning Commission may require additional parking mitigation and/or a parking management plan if the Planning Commission makes the finding that specific operational characteristics of the use create additional demand for parking. Staff Report Case No.s CUP/PP 08-263 December 2, 2008 Page 4 of 9 The Living Desert currently provides the following existing parking stalls: Parking Category (each category refers to areas as Number of specified on parking plan) spaces Employee Parking 1 44 Employee Parking 2 20 Employee Parking 3 40 Administration Parking 13 Bus Stalls 14 Guests 605 Handicap Parking 30 Total Spaces 710 While the current parking demand does not generally appear to place an impact on the adjacent neighborhoods, staff is made aware that occasionally, during holiday events, guest parking for the Living Desert has occupied spaces along Portola Avenue. It is not anticipated that with the new animal exhibits that additional parking beyond the current demand would be created. However, staff recommends that a parking study and a parking management plan be prepared for the future phases, which intend to construct a "special events" building, and which could potentially attract additional visitors. B. Landscape: The Living Desert project proponents were able to meet with City landscape staff to discuss availability of the proposed plant palette, which is predominantly intended to emulate an African plant community. While preliminary approval has been granted, the Living Desert staff and the City's Landscape specialist are working together to ensure that the optimum aesthetic will be achieved. Staff is confident that the level of detail will reflect the quality exhibits currently available at the zoo. C. Findings of Approval for a Conditional Use Permit: In accordance with the City of Palm Desert Zoning Ordinance 25.72.070, the following findings for a Conditional Use Permit are required to be made before granting a Conditional Use Permit: 1. That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located; Staff Report Case No.s CUP/PP 08-263 December 2, 2008 Page 5 of 9 a. The proposed location of the new Living Desert expansion is in accordance with the objective of the zoning ordinance, which aims to provide compatible uses in proximity. As presented, the expansion project contributes to the usefulness of the Public Institution district, and provides recreational amenities on a regional scale. b. The proposed location of the Living Desert expansion is sited in such a way to make accessible use of the park to everyone and increase the utility and enjoyment for park visitors by upgrading the variety of exhibits. c. The purpose of the 25.38 Public Institutional District is to provide for the orderly establishment of public facilities, expansion of their operations, or change in the use of lands owned, leased or otherwise controlled by governmental agencies and for the orderly establishment of quasi-public institutional uses. The Zoo's expansion would conform to intents and purposes of the district. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity; a. The proposed location is not expected to create detrimental effects to the public health, safety and welfare or be materially injurious to properties or improvements in the city. However, as part of the conditions of approval, the applicant shall be required to provide a parking management plan which should satisfy any parking demands generated by the new expansion and the future phases of the project. b. An environmental assessment leading to a mitigated negative declaration has been prepared that concludes that there will be no adverse environmental effects. The project would be designed to conform to and constructed in compliance with the current building codes. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments; Staff Report Case No.s CUP/PP 08-263 December 2, 2008 Page 6 of 9 a. The proposed conditional use complies with each of the applicable provisions of Title 25 "Zoning". b. The proposed Conditional Use Permit does not request of the Planning Commission any adjustments or variances. The decorative architectural elements and positioning of the exhibits are allowed by the zoning ordinance and have been approved by the Architectural Review Commission. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's General Plan. a. The project as proposed is designed in accordance with the goals and objectives of the City's General Plan for this area. The General Plan land use designation is Public/Quasi Public Facilities. b. It can be found that the use is compatible with the objectives and polices of the Parks and Recreation Element of the General Plan in as much as the Living Desert use adds to the diversity of recreational uses available to residents. The facility would fall under the category of Regional Park and provide the broad spectrum appeal to many users in addition to supplying a natural resource aspect, which can be considered a passive recreational opportunity. D. Findings for Approval of a Precise Plan 1. In accordance with Municipal Code Section 25.73 Precise Plan: The Planning Commission may find that if the proposed precise plan would: (1) substantially depreciate property values in the vicinity, (2) would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes, or (3) endanger the public peace, health, safety or general welfare the plan shall be rejected. The proposed plan, as designed, would upgrade rather than degrade or endanger the appearance of the current vacant area. The new landscape, walkways, and exhibits would formalize the site and create compatibility with the adjacent surroundings of the park. Regional and local public services have committed to service the expansion. The park's Staff Report Case No.s CUP/PP 08-263 December 2, 2008 Page 7 of 9 perimeter is maintained at a highest of city standards and this standard is anticipated to continue. 2. In accordance with Municipal Code Section 25.73 Precise Plan: In addition to the foregoing grounds of rejection, the Planning Commission may also consider the exterior architectural design, general exterior appearances, landscape, color, texture of surface materials and exterior construction, shape and bulk, and other physical characteristics including location and type of public utility facilities. If the Planning Commission were to find that the proposed precise plan of design, including the considerations enumerated in the Code, would interfere with the orderly development in the vicinity or with the existing or proposed use, then it could either reject, modify or condition its approval so as to remove the objections. The proposed architectural style is iterated to convey a rich expression of the typical attributes of a contemporary nature park. Maximum attention is given to detailing of the architectural language in such a manner as to provide a lasting positive contribution to the built environment. The Living Desert expansion would not interfere with the orderly development of the vicinity as its boundaries are permanently defined. V. ENVIRONMENTAL REVIEW: A Mitigated Negative Declaration has been prepared for the Living Desert. Due to its location in an infill setting, it has been determined that Mandatory Findings of Significance are less than significant with the exception of incorporating the following mitigation measures: • The collection of the mitigation fees established by the Multiple Species Habitat Conservation Plan to provide conservation for biological resources for which mitigation fees will be applied. (See Initial Study IV. a). • The requirement of a Native American Archeological monitor to be present during the excavation phase of the project. (See Initial Study V. a-d). • The City of Palm Desert grading and building permits procedures require detailed geotechnical reports addressing grading specifications and the settlement and expansive characteristics of on site soils. All structures Staff Report Case No.s CUP/PP 08-263 December 2, 2008 Page 8 of 9 must be designed to the 2007 California Building Code requirements to insure that buildings are constructed within the acceptable level of risk set forth herein for the type of building and occupancies being developed. (See Initial Study VI a (i-iv)). • Strict adherence to construction hours and days will be required. Additional measures to mitigate traffic and operational noise will be required. Noise levels will be mitigated so that the General Plan Noise Element limits are not exceeded. (See Initial Study Xl. a-d) VI. CONCLUSION: The proposed expansion of the Living Desert conforms to all zoning regulations. Impacts from the proposed new animal exhibits would be minimal as the subject property has operated as an animal and botanical park since 1970. It can be concluded that the proposed expansion of the public facility would be a favorable addition to the region. VII. RECOMMENDATION: That the Planning Commission adopt the findings and adopt Planning Commission Resolution No. , approving CUP/PP 08-263 subject to conditions attached. Staff Report Case No.s CUP/PP 08-263 December 2, 2008 Page 9 of 9 VIII. ATTACHMENTS: A. Draft Resolution B. Legal Notice C. Negative Declaration D. Initial Study E. Parking Study Data submitted by Architect's office analyzing comparable zoos F. Architectural Review Commission Notice of Action and Minutes G. Letter from City of Indian Wells H. Plans, Renderings, Exhibits Submitted by: Department Head: Renee Schrader Lauri Aylaian Associate Planner Director of Community Development Approval: Homer Croy ACM for Develo ment Services PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST BY THE LIVING DESERT, LOCATED AT 47900 PORTOLA AVENUE, TO ALLOW A CONDITIONAL USE PERMIT AND A PRECISE PLAN AMENDMENT. THE REQUEST WOULD REVISE THE ORIGINAL LIVING DESERT PLAN TO CONSTRUCT, (IN FOUR PHASES), NEW ZOOLOGICAL EXHIBITS AND A NEW ENTRY COMPLEX AS FOLLOWS: • PHASE 1: AFRICAN LION, MEERKAT, ROCK HYRAX ENCLOSURES • PHASE 2: CROCODILE, TORTOISE, LOVEBIRD, SERVAL ENCLOSURES • PHASE 3: FUTURE ENTRY COMPLEX AND EVENTS BUILDING • PHASE 4: FUTURE HYENA AND RHINO ENCLOSURES CASE NO.s CUP/PP 08-263 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 2nd day of December, 2008, hold a duly noticed public hearing to consider the request by The Living Desert, for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 06-78, in that the Director of Community Development has determined that the project as mitigated will not have a significant impact on the environment and a Mitigated Negative Declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify approval of said Conditional Use Permit Request that: 1. The proposed location of The Living Desert, a Botanical and Zoological Park, requiring a conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located; 2. The proposed design of The Living Desert, as conditioned, is in accord with the objectives and policies of the general plan and zoning ordinance and the purpose of the district in which the site is located. 3. The proposed location of The Living Desert, and the conditions under which it will be operated and maintained, will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. PLANNING COMMISSION RESOLUTION NO. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify approval of said Precise Plan Request that: 1. In accordance with Municipal Code Section 25.73 Precise Plan: The Planning Commission may find that if the proposed precise plan would: (1) substantially depreciate property values in the vicinity, (2) would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes, or (3) endanger the public peace, health, safety or general welfare the plan shall be rejected. The proposed plan, as designed, would upgrade rather than degrade or endanger the appearance of the current vacant area. The new landscape, walkways, and exhibits would formalize the site and create compatibility with the adjacent surroundings of the park. Regional and local public services have committed to service the expansion. The park's perimeter is maintained at a highest of city standards and this standard is anticipated to continue. 2. In accordance with Municipal Code Section 25.73 Precise Plan: In addition to the foregoing grounds of rejection, the Planning Commission may also consider the exterior architectural design, general exterior appearances, landscape, color, texture of surface materials and exterior construction, shape and bulk, and other physical characteristics including location and type of public utility facilities. If the Planning Commission were to find that the proposed precise plan of design, including the considerations enumerated in the Code, would interfere with the orderly development in the vicinity or with the existing or proposed use, then it could either reject, modify or condition its approval so as to remove the objections. The proposed architectural style is iterated to convey a rich expression of the typical attributes of a contemporary nature park. Maximum attention is given to detailing of the architectural language in such a manner as to provide a lasting positive contribution to the built environment. The Living Desert expansion would not interfere with the orderly development of the vicinity as its boundaries are permanently defined. 2 PLANNING COMMISSION RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That it does hereby approve Conditional Use Permit and Precise Plan 08- 263, subject to conditions attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 2nd day of December, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 3 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. CUP/PP 08-263 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. Construction of said project shall commence within one (1) year from the date of final approval unless an extension of time is granted, otherwise said approval shall become null, void and of no effect whatsoever. 3. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 4. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 5. Applicant shall comply with each mitigation measure as identified in the Mitigated Negative Declaration prepared November 12, 2008, summarized in the Staff Report prepared for the Planning Commission meeting of December 2, 2008, and stated in detail within the attached Initial Study comments. 6. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Coachella Valley Multiple Species Conservation Plan, TUMF, School Mitigation and Housing Mitigation fees. 7. A detailed outdoor path and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards. The plan must be prepared by a . qualified lighting engineer. 4 PLANNING COMMISSION RESOLUTION NO. 8. The project is subject to the Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 9. All conditions of approval shall be recorded with the Riverside County Clerk's office before any building permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning. 10.The proposed size and enclosures for trash must accommodate at minimum one trash and one recycle bin. Construction of all trash/recycling enclosures must meet Palm Desert Municipal Code Chapter 8.12 standards. The City and Burrtec must review and sign off on the plans in relation to the placement and number of trash/recycling enclosures. Review of the plans by Burrtec will ensure that vehicle circulation for its trucks is adequate to service the complex. 11.A parking study and parking management plan shall be submitted and reviewed by the Planning and Public Works Department in conjunction with plan submittals for Phase 3. The parking study shall indicate the total number of existing parking spaces and include tallies for every occupied parking space during both regular business hours and the after-hours events. In addition, to the aforementioned parking counts, the parking study shall account for the maximum occupancy number of parking stalls required for the proposed Phase 3 Special Events building. If the study concludes that the existing parking capacity insufficiently supplies parking for all proposed phases, a parking management plan submitting site plans for alternative on-site parking shall be required prior to obtaining construction permits for the Phase 3 Special Events building. Department of Public Works: GENERAL REQUIREMENTS 1. All landscape maintenance shall be performed by the property owner and the applicant shall enter into a landscape maintenance agreement with the City for the life of the project, consistent with the Municipal Code provisions and the approved landscaped plan. 2. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. BONDS AND FEES 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 5. A standard inspection fee shall be paid prior to issuance of grading permits. 5 PLANNING COMMISSION RESOLUTION NO. DESIGN REQUIREMENTS 6. Any storm drain design and construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. 7. Complete grading and improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 8. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 9. Pad elevations are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code. 10. Landscape installation shall be drought tolerant in nature and in accordance with the City's Water Efficient Landscape Ordinance (24.04). 11. Landscape plans shall be submitted for review concurrently with grading plans. CONSTRUCTION REQUIREMENTS 12. All private grading and paving improvements shall be inspected by the Department of Public Works and no occupancy permit shall be granted until the improvements have been completed. 13. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management and Discharge Control. 14. Prior to the start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for informational materials. Building & Safety Department: 1. Project must conform to the current State of California Codes adopted at the time of plan check submittal. The following are the codes enforced at this time: 2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC) 2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC) 2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC) 2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC) 2007 CALIFORNIA ENERGY CODE 2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2007 CALIFORNIA FIRE CODE (Based on the 2006 IFC) 6 PLANNING COMMISSION RESOLUTION NO. 2. Compliance with Ordinance 1124, Local Energy Efficiency Standards. The requirements are more restrictive than the 2007 California Energy Code. Please obtain a copy of the Ordinance for further information. 3. A disabled access overlay of the precise grading plan is required to be submitted to the Dept of Building and Safety for plan review of the site accessibility requirements as per 2007 CBC Chapters 11 A & B (as applicable) and Chapter 10. 4. All entrances and exits of the common facilities must provide an accessible path of travel to the public way. (CBC 1024.6 & 1127B.1) 5. Detectable warnings shall be provided where required per CBC 11336.8 and 1127B.5 (7). The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supercede the State requirement. 6. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Dept of Building and Safety. 7. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 8. All contractors and/or owner-builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 9. Address numerals shall comply with Palm Desert Ordinance No. 1006 (Palm Desert Municipal Code 15.04.110 through 15.04.160). Compliance with Ordinance 1006 regarding street address location, dimension, stroke of line, distance from street, height from grade, height from street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1006 from the Department of Building and Safety counter staff. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced project, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, CFC, and CBC or any recognized Fire Protection Standards: 2. Hydrant shall be not less than 25' and no more than 50' from FDC. a. All pipe material and thrust blocks shall be installed as per NFPA 24. b. All pipes shall be a minimum of 36" in depth. c. The following inspection test shall be witnessed by the Palm Sesert Fire Marshall's Office. 7 PLANNING COMMISSION RESOLUTION NO. d. Thrust blocking prior to pouring. e. Hydro, 200 lbs for 2 hours, may be center loaded. f. Tracer tape or wire must be in place. g. Flush prior to connecting to building sprinkler system. h. The underground flush shall be done through a pipe or hose equal in size to the sprinkler underground supply pipe. A diffuser shall be used for all underground flushes. i. Chlorination reports must be copied for the Fire Marshall. j. Final Building inspection. k. Plans must be present on job site upon inspection. I. Installing company/representative must be present at time of underground inspection. m.The required fire flow shall be available from a wet barrel Super Hydrant(s) 4" x 2 1/2" x 2 1/2", located not less than 25' and no more than 200' from any portion of a single family-dwelling, 165' from any portion of a multi-family structure, and 150' from any portion of a commercial building via vehicular travel way. n. The Fire Marshall's Job card, Approved Plans and condition letter must be at the job site or NO inspection will be performed. Coachella Valley Water District: 1. Plans for grading, landscaping, and irrigation systems shall be submitted to the District for review to ensure efficient water management. 8 CITY Of PALM DESERT 73-510 FRED WARING DRIVE (....._ PALM DESERT,CALIFORNIA g2260-2575 tom,>rTEL:760 346-0611 4 FAX:760 341-7098 a �:.. ............ info@palm-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO.CUP/PP 08-263 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by The Living Desert, located at 47900 Portola Avenue, to approve a Conditional Use Permit and a Precise Plan Amendment.The request would revise the original Living Desert plan to construct, (in four phases),new zoological exhibits and a new entry complex as follows: • Phase 1:AFRICAN LION,MEERKAT, ROCK HYRAX ENCLOSURES • Phase 2:CROC,TORTOISE,LOVEBIRD,SERVAL ENCLOSURES • Phase 3: FUTURE ENTRY COMPLEX/EVENTS BLDG • Phase 4: FUTURE HYENA AND RHINO ENCLOSURES A Mitigated Negative Declaration resulting from an Environmental Assessment pursuant to the California Environmental Quality Act (CEQA) has been prepared for the proposed project and is on file in the City of Pam Desert Planning Department.- p�� L :.• r y�� " C .J.1.i4t - r 'v//W. -_ 3.73 i ri7ts a t � r 1 FA / !� 4 Zry � ]� 1 `�ellai 1 M. { lJ 1 , "ifiR °- _1 ,igS �7> _ e�rvil•t,rrirxr 4 iri t49rirvr37ta>`r' �a • �1 ,,.., ;Vv--,;',..it:/'-"- 1114 17^,,‹ '-;,A1-,;,:r/k - • ' ,%, ' ' w r` a5v,7], N._ , `� � :,r a r r , ) `I( , w,a ` 5III ....-_ 1 1.. _ `�Ktil",,'i ' 'iC-1—L1' [TTTTT i ,- �1L_i [ [1iiIll!....z, , �--1� � S t.t1S1� 111-a �' SAID public hearing will be held on December 2, 2008, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center,73-510 Fred Waring Drive, Palm Desert,California,at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m.and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,the public hearing. PUBLISH: Desert Sun LAURI AYLAIAN,Secretary November 12,2008 Palm Desert Planning Commission NEGATIVE DECLARATION 1: Name or description of project: The Living Desert Approval of a Precise Plan amendment and a Conditional Use Permit; revising the original Living Desert plan to construct,(in four phases),new zoological exhibits,including species enclosures and shelters,and a new entry complex. 2. Project Location—Identify street address and cross streets or attach a 47-900 Portola Avenue map showing project site(preferably Palm Desert,CA 92260 a USGS 15' or 7 1/2' topographical The project is located on Portola Avenue between Haystack Road and map identified by quadrangle name): Grapevine Street,also known as APN 630-250-045 3. Entity or Person undertaking project: WDM Architects Scott Ramser 105 North Washington Wichita,Kansas 67202 A. B. Other(Private) (1) Name: (2) Address: The Planning Commission, having reviewed the Initial Study of this proposed project and having reviewed the written comments received prior to the public meeting of the Planning Commission, including the recommendation of the City's Staff,does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the Planning Commission's findings are as follows: Any construction,improvement and development impacts such as those categories delineated in the Initial Study, especially those including Noise,Air Quality,Traffic,Biological,Cultural or Aesthetic,shall be mitigated with the stated conditions of approval affirmed in the Planning Commission resolution which shall be recorded with the Riverside County Clerk. The Planning Commission hereby finds that the Negative Declaration reflects its independent judgment. A copy of the Initial Study may be obtained at: Planning & Community Development Department, City of Palm Desert 73510 Fred Waring Drive,Palm Desert CA 92260 Phone No.:760-776-6486 The location and custodian of the documents and any other material which constitute the record of proceedings upon which the City based its decision to adopt this Negative Declaration are as follows: City of Palm Desert Planning&Community Development Department Phone No.: 760-346-0611 Date Received for Filing: Staff SACRAMENTOUTB\21603.1\CITY\2006 FORM"E" CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY CITY OF PALM DESERT INITIAL STUDY FOR CUP/PP 08-263 THE LIVING DESERT PROJECT DESCRIPTION/LOCATION: Conditional Use Permit (CUP) to allow a Zoological and Botanical Garden use in a Public Institutional Facility as per PDMC section 25.38 Public/Institutional District, where all uses are subject to a Conditional Use Permit; and a Precise Plan (PP) amendment to revise original site plan proposing to add in phases various zoological exhibits and a new entry complex for a property located at 47900 Portola Avenue also known as APN 630-250-045. DATE: November 12, 2008 PREPARED BY Renee Schrader Associate Planner PREPARED FOR City of Palm Desert Planning & Community Development Department 73510 Fred Waring Drive Palm Desert, CA, 92260 (760) 346-0611 REVIEWED BY Independently reviewed, analyzed and exercised judgement in making the determination, by the Planning & Community Development Department on , pursuant to Section 21082 of the California Environmental Quality Act (CEQA). Is 1 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or nor a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. 1. Project Title: The Living Desert 2. Lead Agency Name: City of Palm Desert Address: 73510 Fred Waring Drive Palm Desert, CA 92260 3. Contact Person: Renee Schrader, Associate Planner Phone Number: 760-346-0611 4. Project Location: 47900 Portola Avenue between Haystack Road and Grapevine Street. 5. Project Sponsor: The Living Desert Address: 47900 Portola Avenue Palm Desert, CA 92260 6. General Plan Designation: PF Public/Quasi Public Facilities 7. Description of Project: The Living Desert is a master-planned zoological exhibit and demonstration garden in a public park setting, which includes a total of 180 acres of developable park area. An open area within a southern portion of the park, as yet undeveloped, consists of 6.55 acres. This area is proposed to be developed in four phases; the first two are part of the initial permits that will be obtained, the second two are future phases, which, while part of the Precise Plan approval, are not a part of the immediate construction. The first two phases consist of the following: (a) Two African Lion Yards, a Meerkat and a Rock Hyrax exhibit and (b) Crocodile, Tortoise, Lovebird and Serval exhibits. The second two phases consist of the following: (c) Future entry complex, events building, dining room, kitchen, visitor's center, ticketing stroller locker and tram stop and (d) Future hyena and rhino yards. The construction of the project would include earthwork, erection of exhibit enclosures, and installation of walkways and landscape. 8. Surrounding Land Uses and Setting: The existing Living Desert is surrounded by residential uses and is set against the foothills of the Santa Rosa Mountains. 9. Other agencies whose approval is required (e.g., permits, finance approval, or participation agreement): Coachella Valley Water District The City of Indian Wells, in whose jurisdiction the Living Desert also resides, has granted the discretionary entitlement to the City of Palm Desert for this project. IS 2 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/ Soils ❑ Hazards & Hazardous ❑ Hydrology/Water ❑ Land Use / Planning Materials Quality ❑ Population / Housing ❑ Mineral Resources ❑ Noise ❑ Transportation /Traffic ❑ Public Services ❑ Recreation ❑ Utilities/ Service ❑ Mandatory Findings of Systems Significance On the basis of this Initial Study, the City of San Bernardino Environmental Review Committee finds: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Printed Name For IS 3 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Less Potentially Significant Than No Significant With Significant Impact Impact Mitigation Impact Incorporation I. AESTHETICS —Would the project: a) Have a substantial adverse effect on a ❑ ❑ ❑ El scenic vista as identified in the City's General Plan? b) Substantially damage scenic resources, ❑ ❑ ❑ IZI including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual ❑ ❑ ❑ character of quality of the site and its surroundings? d) Create a new source of substantial light or ❑ ❑ ❑ IZI glare which would adversely affect day or nighttime view in the area? e) Other: ❑ ❑ ❑ El Discussion: a) The project as proposed will not present adverse visual impacts to the City's scenic vistas as identified in the City's General Plan. The proposed new structures and zoological exhibits will be designed to be in keeping with the high standards currently set forth at the Living Desert facility. b) The project will not substantially damage scenic resources. The project is contained within a facility that has upheld highest visual standards and whose perimeter presence is constantly maintained. c) The project does not propose to create circumstances which would in any way degrade the existing visual character of the site and its surroundings. d) The zoo's lighting standards conform to the city's policies. New lighting that is adverse is not proposed. The new project would continue to comply with the requirements of low lighting. Any new light that will be produced by the project will be required to prevent lighting spill over. In addition, the requirement for an engineered lighting plan, per Ordinance No. 826, will assure that this condition is fulfilled. IS 4 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation II. AGRICULTURE RESOURCES: a) Convert Prime Farmland, Unique Farmland, ❑ ❑ ❑ IZI or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non- agricultural use? b) Other: ❑ ❑ ❑ Discussion: a-b) The project site itself is vacant desert with minor amounts of native desert vegetation. The site has never been used for agricultural purposes nor shown on maps as agricultural. The City of Palm Desert does not contain any agriculture uses. Therefore, the project would not impact such uses. IS 5 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation III. AIR QUALITY—Would the project: a) Conflict with or obstruct implementation of ❑ ❑ ❑ the applicable air quality plan? (South Coast Air Basin) b) Violate any air quality standard or ❑ ❑ ❑ contribute substantially to an existing or projected air quality violation based on the thresholds in the SCAQMD's "CEQA Air Quality Handbook?" c) Result in a cumulatively considerable net ❑ ❑ ® ❑ increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial ❑ ❑ ❑ pollutant concentrations? e) Create objectionable odors affecting a ❑ ❑ ® ❑ substantial number of people based on the information contained in Project Description Form? f) Other: ❑ ❑ ❑ IZI Discussion: a & b) During construction, particularly grading, a potential dust problem is a short-term impact. Requiring that the ground be watered during days in which grading occurs will mitigate this problem. City of Palm Desert Grading Ordinance requires this. Because the site is already a developed setting its construction will not result in an overall deterioration of ambient air quality. This conclusion is supported by the discussions relating to air quality contained in the Draft Environmental Impact Report (SCH#2003051103) prepared for the City of Palm Desert September 2003. Completed development of the site will result in less dust leaving the site then currently occurs with the site's vacant condition. IS 6 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY c. Development of this site will not result in any climatic changes. This is due to its size and identified uses. d. The proposed development does not call for uses that would create substantial pollutant concentrations. e. While the existing land use is a zoo. Therefore contains animal feeding and waste disposal activities, the proposed development would not be conducted in a manner different from its existing routines, which do not appear to cause complaints from adjacent residential uses. IS 7 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation IV. BIOLOGICAL RESOURCES —Would the project: a) Have a substantial adverse effect, either ❑ ® ❑ ❑ directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? b) Have a substantial adverse effect on any ❑ ❑ ❑ EZI riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on ❑ ❑ ❑ federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of ❑ ❑ ❑ any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with the provisions of an adopted ❑ ® ❑ ❑ Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? IS 8 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation IV. BIOLOGICAL RESOURCES — Continued f) Other: ❑ ❑ ❑ Discussion: a. The property is in the designated area of the Coachella Valley Fringe-Toed Lizard. This project will eliminate all fringe-toed lizards within the project boundaries. Pursuant to the Coachella Valley Fringe-Toed Lizard Habitat Conservation Plan and Multiple Species Habitat Conservation Plan the loss of lizards and habitat can be mitigated by the applicable per acre fee for each acre developed at the time of obtaining permits. Project will be conditioned to pay said fee. The mitigation fee will be collected and paid to the Coachella Valley Conservation Commission and used to purchase land in special preserves. The preserved lands will create suitable habitat for lizards as well as other biological species in the multiple species habitat conservation plan. The site may contain other dune species, which are of statewide concern (i.e., Coachella Valley Milk Vetch). A Multiple Species Habitat Conservation Plan has been prepared by CVAG and adopted by the City of Palm Desert City Council, which establishes preserves and conservation practices to insure the future survival of these dune species. b. No riparian habitat present on site. c. No wetlands habitat present on site. d. No migratory fish or wildlife present on site. e. No local policy or ordinance protecting biological reserves other than that delineated in item (a) above. f. See (a) above. The dune species of concern are not migratory in nature. The site has been designated for development with mitigation fees within the Multiple Species Habitat Conservation Plan, for fees will be imposed. IS 9 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation V. CULTURAL RESOURCES — Would the project: a) Be developed in a sensitive archaeological ❑ ❑ ❑ area as identified in the City's General Plan? b) Cause a substantial adverse change in the ❑ ❑ ❑ IZ significance of an archaeological resource pursuant to §15064.5 of CEQA? c) Cause a substantial adverse change in the ❑ ❑ ❑ IZ significance of a historical resource as defined in §15064.5 of CEQA? d) Directly or indirectly destroy a unique ❑ ® ❑ ❑ paleontological resource or site or unique geologic feature? e) Disturb any human remains, including ❑ ® ❑ ❑ those interred outside of formal cemeteries? f) Other: ❑ ❑ ❑ Discussion: a-d. The cultural resource study performed as part of the City of Palm Desert General Plan Environmental Impact Report found no evidence of any cultural, archeological or historical significance on this site. However, a Native American archeological monitor shall be required to be present during the site grading process, which entails excavation. In addition, state law requires that should any evidence be found during construction, construction must cease and the site cleared. Construction would be reactivated upon the expert advice of a qualified Archeologist. IS 10 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation VI. GEOLOGY AND SOILS —Would the project: a) Involve earth movement (cut and/or fill) ❑ ® ❑ ❑ based on information included in the Project Description Form? b) Expose people or structures to potential ❑ ❑ ❑ substantial adverse effects, including the risk of loss, injury, or death? c) Be located within an Alquist-Priolo ❑ ❑ ❑ Earthquake Fault Zone? d) Result in substantial soil erosion or the loss ❑ ❑ ❑ of topsoil? e) Be located within an area subject to ❑ ❑ ❑ landslides, mudslides, subsidence, or other similar hazards as identified in the City's General Plan? f) Be located within an area subject to ❑ ❑ ❑ liquefaction as identified in the City's General Plan? g) Modify any unique physical feature based ❑ ❑ ❑ on a site survey/evaluation? h) Result in erosion, dust, or unstable soil ❑ ® ❑ ❑ conditions from excavation, grading, fill, or other construction activities? i) Other: ❑ ❑ ❑ Discussion: a (i-iv). The area is subject to earthquakes and seismic shaking. Various studies have concluded that with proper building design, which is required by the 2007 California Building Code, people will not be exposed to substantial adverse effects. The following mitigation measures are imposed as routine for proposed construction: IS 11 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY MITIGATION MEASURES for Geology and Soils a.(i-iv) The City of Palm Desert grading and building permits procedures require detailed geotechnical reports addressing grading specifications and the settlement and expansive characteristics of on site soils. All structures must be designed to the 2007 California Building Code requirements to insure that buildings are constructed within the acceptable level of risk set forth herein for the type of building and occupancies being developed. b. Development will reduce blow sand erosion, which is common in this area. There is no topsoil present. c. See mitigation measure a.i-iv. above. d. See mitigation measure a.i-iv. above. e. Sandy soil is capable of supporting septic tanks but they will not be used, as sewers are available. f. General Site grading: an on-site pre-job meeting with the developer, the contractor and soils engineer shall occur prior to all grading operations. Grading of the site shall be performed at a minimum in accordance with these recommendations and with applicable portions of the 2007 California Building Code. IS 12 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation VII. HAZARDS AND HAZARDOUS MATERIALS —Would the project: a) Create a significant hazard to the public or the ❑ ❑ ❑ environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ❑ ❑ ❑ environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous ❑ ❑ ❑ or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list ❑ ❑ ❑ of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use ❑ ❑ ❑ plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) Impair implementation of or physically interfere ❑ ❑ ❑ with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures to a significant risk ❑ ❑ ❑ of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? IS 13 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation VII. HAZARDS AND HAZARDOUS MATERIALS — Continued h) Other: ❑ ❑ ❑ IZ Discussion: a. Site and immediate area are not subject to routine transport, use or disposal of hazardous materials. b. Project will not create health hazards or potential health hazards. c. Washington Charter School and Park is located approximately one mile from the Living Desert. The Living Desert project is not anticipated to generate any hazardous materials that would impact the learning institution. d. The site has not been identified on the list of hazardous materials sites. e. Site is not within two miles of a public airport. f. No private airstrip in area. g. Project will not interfere with the City's emergency response or evacuation plan. h. Project will not increase the fire hazard in area with flammable brush, grass or trees. IS 14 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation VIII. HYDROLOGY AND WATER QUALITY— Would the project: a) Violate any water quality standards or ❑ ❑ ® ❑ waste discharge requirements? b) Substantially deplete groundwater supplies ❑ ❑ ❑ or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage ❑ ❑ ❑ pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage ❑ ❑ ❑ pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which ❑ ❑ ❑ would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff, such as from areas of material storage, vehicle or equipment maintenance (including washing or detailing), waste handling, hazardous materials handling or storage, delivery areas, loading docks, or other outdoor areas? IS 15 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation VIII. HYDROLOGY AND WATER QUALITY— Continued f) Otherwise substantially degrade water ❑ ❑ ❑ quality? g) Place housing within a 100-year flood ❑ ❑ ❑ hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area ❑ ❑ ❑ structures which would impede or redirect flood flows? i) Expose people or structures to a ❑ ❑ ❑ significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or ❑ ❑ ❑ mudflow? k) Other: ❑ ❑ ❑ Discussion: a. Project will be required to comply with Palm Desert Master Plan of Drainage and the grading ordinance. b. Project will use water provided by CVWD and will not interfere with groundwater recharge. c-e. Water will be redirected to drainage facilities designed and constructed to accept the water from the site. f. Project will not substantially degrade water quality. g. Housing is not a part of this project and existing housing would not be affected by the construction of this project. In addition the Site is not within a 100-year flood hazard. IS 16 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY h. See (g). i. Area is not subject to flooding. The site is located in FEMA Flood Zone AO which represents a 1% chance of shallow flooding. While this area is designated an area of minimal flooding it is protected by a levee. j. Area is flat desert land not subject to seiche, tsunami or mudflow. IS 17 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation IX. LAND USE AND PLANNING —Would the project: a) Physically divide an established ❑ ❑ ❑ community? b) Conflict with any applicable land use plan, ❑ ❑ ❑ policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat ❑ ❑ ❑ IZI conservation plan or natural community conservation plan? d) Be developed within the Hillside ❑ ❑ ❑ Management Overlay District? e) Be developed within a Fire Zone? ❑ ❑ ❑ f) Be developed within any Airport Influence ❑ ❑ ❑ Area? g) Other: ❑ ❑ ❑ Discussion: a. The proposed project within an existing park is not anticipated to physically divide an established community. b. The site is zoned for public facility uses. However, in accordance with Municipal Code Section 25.38 any land use proposed for a Public Facility zone is subject to a Conditional Use Permit. The said phased Living Desert project proposes to expand its exhibits while it continues its current use under a previous Conditional Use permit. A less than significant impact is anticipated. Should the project be approved as a Conditional Use, it is consistent with the General Plan and zoning. IS 18 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY c. Property is not subject to habitat conservation plan or natural community conservation plan, other than that discussed in Section IV(a). d. The proposed Living Desert Precise Plan would be developed within an hillside overlay zone. e. The proposed Living Desert Precise Plan would be developed within a Fire hazard zone that is designated moderate to high. However the existing park has been at this location for 38 years without an unresponded event that would have caused a threat to the property. f. The proposed project will not interfere or be developed within an airport influence zone. IS 19 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation X. MINERAL RESOURCES —Would the project: a) Result in the loss of availability of a known ❑ ❑ ❑ El mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of a locally-important ❑ ❑ ❑ mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? c) Be located in a Mineral Resource Zone as ❑ ❑ ❑ adopted by the State Mining and Geology Board and identified in the City's General Plan? Discussion: a. No known mineral resources are located on the project site. b. No locally important mineral resource recovery site delineated on local general plan. c. The project site is not located in a Mineral Resource Zone as adopted by the Sate Mining and Geology Board and/or identified in the City's General Plan. IS 20 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation XI. NOISE —Would the project result in: a) Exposure of persons to or generation of noise ❑ ❑ ❑ levels in excess of standards established in the City's General Plan or Development Code, or applicable standards of other agencies? b) Exposure of persons to or generation of ❑ ❑ ❑ excessive groundborne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient ❑ ❑ ❑ noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase ❑ ® ❑ ❑ in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land ❑ ❑ ❑ use plan or Airport Influence Area, would the project expose people residing or working in the project area to excessive noise levels? f) Other: ❑ ❑ ❑ Discussion: a, b, c, d. The Living Desert proposes to install animal enclosures some of which will contain nocturnal species. The zoo has operated since 1970. Residences surrounding the zoo have been constructed since this period in the City of Palm Desert without noise complaints. Referencing the applicant's comments regarding the African Lion exhibit: "Much of the sound of lions calling or roaring will be absorbed or reflected in a manner that these sounds should go unnoticed in the surrounding residential areas. Most of the exhibit and holding building sits in a depression surrounded by walls and berms. The buildings, walls and berms will reflect the loin sounds upward, and the tall vegetation and shorter vegetation on the elevated berms will absorb any lion sounds. To the north (The Vintage residential development) and northwest (North on Portola Avenue) of the exhibit are the exhibit rock wall, the Palm Garden, the current entrance, the retail nursery, the hospital and the education buildings with associated tall plantings of palms and cottonwoods. To the west (Portola Avenue) is the rock wall of the exhibit, an elevated berm, the Chase Administration Building, and the future Special Events Building and new Entrance. To the South (The Reserve residential development) are part of IS 21 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY the exhibit wall, the tall and dense acacia plantings and elevated berms of the African part of The Living Desert, the Giraffe exhibit, and a very large berm that shields The Reserve from The Living Desert". Construction of the project will increase ambient noise level. The increase is not expected to create an annoyance to adjacent residential properties. Post construction all uses on the site will be required to comply with the City Noise Ordinance. Ample setbacks are proposed including the distance from the recreation areas and dining facilities to the adjacent residences, which should mitigate any disturbances. MITIGATION MEASURES for XI a-d. Strict adherence to construction hours and days will be required. Additional measures to mitigate traffic and operational noise will be required. Noise levels will be mitigated so that the General Plan Noise Element limits are not exceeded. e & f. Project is not within two miles of a public airport or in vicinity of a private airstrip. IS 22 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation XII. POPULATION AND HOUSING —Would the project: a) Induce substantial population growth in an ❑ ❑ ❑ IZI area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Remove existing housing and displace ❑ ❑ ❑ El substantial numbers of people, necessitating the construction of replacement housing elsewhere? c) Other: ❑ ❑ ❑ Discussion: a-c. The proposed project is for the construction of animal yards and enclosures. Human population growth is not anticipated. The proposed project does remove or change the location of housing in the general area. No existing residents would be displaced. IS 23 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation XIII. PUBLIC SERVICES a) Would the project result in substantial ❑ ❑ ❑ adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection, including medical aid? ❑ ❑ ❑ El Police protection? ❑ ❑ ❑ El Schools? ❑ ❑ ❑ El Parks or other recreational facilities? ❑ ❑ ❑ Other governmental services? ❑ ❑ ❑ b) Other: ❑ ❑ ❑ Discussion: The Living Desert is a privately administered and funded public park that is presently well developed with associated infrastructure and public services. There are no governmental agencies or facilities which would be associated with the project. The proposed 6.55—acre project is presently a vacant area within a larger park and serves no productive use. Level of Service to respond to this new installation would not increase as the services are currently committed for the larger park. A commitment to utilize the site, as a Zoological/Botanical park, is represented by the general plan and zoning maps, which have designated it as a Public facility use. Infrastructure improvements (i.e., interior drives, utilities) will be added to the existing installation by the developer. The proposed land use would increase the economic productivity of the land in terms of land efficiency and greater economic return would be generated from the project installation, versus the current state of the land. Public services would not be impacted by the proposed installation as the Living Desert has been operating since 1970. Fire and Police Protection Police and Fire services have indicated that they can service the proposed project. IS 24 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Schools The project will not be required to pay school mitigation fees per state law at time of building permit issuance. Parks The school and family services center project will not impact parks. Other Public Facilities Libraries and other public facilities are adequate to serve the project. In addition the project proposes to construct a private library within the site. Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation XIV. RECREATION a) Would the project increase the use of ❑ ® ❑ ❑ existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational ❑ ❑ ® ❑ facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? c) Other: ❑ ❑ ❑ Discussion: a-b. Expansion of the exhibit facilities at the Living Desert will not increase the use/requirement of current parks or recreational facilities within the area. The project would expand the existing recreational opportunities of the region. IS 25 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation XV. TRANSPORTATION/TRAFFIC — Would the project: a) Cause an increase in traffic which is ❑ ❑ ® ❑ substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, ❑ ❑ ❑ a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, ❑ ❑ ❑ including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a ❑ ❑ ❑ design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ El g) Conflict with adopted policies, plans, or ❑ ❑ ❑ programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? h) Other: ❑ ❑ ❑ El IS 26 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Discussion: a-b. As part of the conditions of approval the applicant shall be required to provide road improvements as provided by the Circulation Element of the General Plan. Except for additional vehicular movements discussed above, the project should not generate additional demands on existing transportation systems. The proposed circulation systems have sufficient capacity to accept any 'additional traffic produced by the proposed residential project. Principal access to the project area will be through Portola Avenue, which is designed to handle vehicular traffic for this type of use. c. Project will not change air traffic patterns. d. Street design and intersections are currently designed to meet all city standards and the project will not include incompatible uses. e. Emergency access will be acceptable. f. There will be a demand for additional parking facilities, which will be supplied by the project on site in compliance with city code. g. Off street sidewalks are provided for pedestrians and bicyclists on Portola Avenue. IS 27 • CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation XVI. UTILITIES AND SERVICE SYSTEMS — Would the project: a) Exceed wastewater treatment ❑ ❑ ❑ IZ requirements of the Santa Ana Regional Water Quality Control Board? b) Require or result in the construction of ❑ ❑ ❑ new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of ❑ ❑ ❑ new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to ❑ ❑ ❑ serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in determination by the wastewater ❑ f1 ❑ treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient ❑ ❑ ❑ permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local ❑ ❑ ❑ statutes and regulations related to solid waste? h) Other: ❑ ❑ ❑ IS 28 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Discussion: a. Project will not exceed limits. b. CVWD has indicated ability to serve this project. c. Construction of said facilities are currently under review. They will occur with or without this project. d. See (b) above. e. See (b) above. f. Landfill space is available in the immediate area and long term will be available at Eagle Mountain. g. City will enforce these statutes through the Community Development/Planning Department. IS 29 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporation XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to ❑ El ❑ IZ degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of major periods of California history or prehistory? b) Does the project have impacts that are ❑ El ❑ individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental ❑ ❑ ❑ IZ effects which will cause substantial adverse effects on human beings, either directly or indirectly? IS 30 CITY OF PALM DESERT PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT "THE LIVING DESERT" INITIAL STUDY Discussion: a. Mandatory Findings of Significance are less than significant with the exception of incorporating the following mitigation measures: • The collection of the mitigation fees established by the Multiple Species Habitat Conservation Plan to provide conservation for biological resources for which mitigation fees will be applied. (See Initial Study IV. a). • The requirement of a Native American Archeological monitor to be present during the excavation phase of the project. (See Initial Study V. a-d). • The City of Palm Desert grading and building permits procedures require detailed geotechnical reports addressing grading specifications and the settlement and expansive characteristics of on site soils. All structures must be designed to the 2007 California Building Code requirements to insure that buildings are constructed within the acceptable level of risk set forth herein for the type of building and occupancies being developed. (See Initial Study VI a (i-iv)). • Strict adherence to construction hours and days will be required. Additional measures to mitigate traffic and operational noise will be required. Noise levels will be mitigated so that the General Plan Noise Element limits are not exceeded. (See Initial Study XI. a-d) b. None. c. None. REFERENCES. The following references cited in the Initial Study are on file in the Development Services Department. 1. City of Palm Desert General Plan 2. City of Palm Desert General Plan Land Use Plan/Zoning Districts Map 3. City of Palm Desert Zoning Ordinance (Title 25 of the City of Palm Desert Municipal Code) 4. City of Palm Desert Historic Resources Reconnaissance Survey 5. Alquist-Priolo Earthquake Fault Zones Map 6. South Coast Air Quality Management District, CEQA Air Quality Handbook 7. Federal Emergency Management Agency, Flood Insurance Rate Maps 8. Public Works Standard Requirements —Water 9. Public Works Standard Requirements - Grading IS 31 ITAT; � 1 ARCHITECTS The Living Desert Parking Study 2 April, 2008 • Existing parking and visitor statistics: Number of vehicle parking spaces- 700 Number of bus parking spaces- 24 Weekday visitors- busiest day- 4,132; slowest day- 91 Weekend visitors- busiest day- 3,757; slowest day- 156 Average visitors per day- 888 Total annual visitors- 324,444 Parking and visitors at zoos similar in size and larger. annual zoo's with 320,000 to 500,000 annual visitors visitors parking Birmingham Zoo Birmingham, AL 472,542 500 Arizona-Sonora Desert Museum Tucson, AZ 443,910 536 Reid Park Zoo Tucson, AZ 457,940 1,000 Wildlife World Zoo Litchfield Park, AZ 390,000 300 ,4 ,.. .,... ...«,,.,,...,t ... .... ... ...�<. _ ? ., ..:_ ., .. ,... ... J,.. .. ,__, <, ,.,,,, .��.��✓ate. ,.. .,...., x ,,. ' r n Oakland Zoo Oakland, CA 530,000 779 Santa Barbara Zoological Gardens Santa Barbara, CA 461,401 325 Cheyenne Mountain Zoo Colorado Springs, CO 356,780 560 Fort Wayne Childrens Zoo Fort Wayne, IN ' 470,851 650 Audubon Zoo New Orleans, LA 500,000 600 John Ball Zoological Garden Grand Rapids, MI 391,764 425 Cape May County Park Zoo Cape May, NJ 450,000 250 Buffalo Zoological Gardens Buffalo, NY 391,729 354 Erie Zoo Eirie, PA 395,000 500 Knoxville Zoological Gardens Knoxville, TN 379,303 1,255 Gladys Porter Zoo Brownsville, TX 356,365 345 Avera•e of 16 zoos in stud 423,252 567 The Living Desert provides 62% more parking spaces per visitor than the average zoo. WDM Architects P.A.• 105 North Washington•Wichita, KS 67202•316.262.4700•wdmarchitects.com we do more (, ( ............... CITY OF PRIM DESERT .....1: :0 . 73-510 FRED WARING DRIVE �. PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-0611 '�. �. " FAX 760 34i-7098 • info@palm-descrt.org October 16, 2008 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: PP 09-263/MISC 08-189 APPLICANT (AND ADDRESS): WDM ARCHITECTS/Scott Ramser, 105 N. Washington, Wichita, KS 67202 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of a Precise Plan design for new animal exhibit yards and holding facilities, public paths', shade structures and new entry complex; The Living Desert LOCATION: 47-900 Portola Avenue ZONE: P.D. Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission granted preliminary approval. Date of Action: October 14, 2008 Vote: Motion carried 6-0-0-1, with Commissioner Touschner absent (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. 0.a el(1QEG rule ARCHITECTURAL RE'v I W COMMISSION MINUTES October 14, 2008 2. CASE NO: PP 09-263/MISC 08-189 APPLICANT (AND ADDRESS): WDM ARCHITECTS/Scott Ramser, 105 N. Washington, Wichita, KS 67202 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of design for new animal exhibit yards and holding facilities, public paths and shade structures; The Living Desert LOCATION: 47-900 Portola Avenue ZONE: P.D. Ms. Schrader presented the staff report and summarized the project. Approval of the architectural and landscape design features would allow the request for Precise Plan and Conditional Use Permit to proceed to the Planning Commission allowing the Living Desert to expand its exhibits and as per the Municipal Code conditionally approve the use of a Park/Botanical garden in a "Public Institution" zone. The expansion would include a new African lion exhibit and proposes to renovate exhibits in phases. Staff recommends that the Architectural Review Commission approve architectural and landscape design for The Living Desert's expansion, animal exhibits and the conceptual placement of the future visitor/conference center. She presented a material sample board and an aerial photo for the Commission's review. She expressed Staff's concern with the amount of parking and safety concerns that the Fire Department had regarding the pubic aspect of responding to an emergency. Mr. Scott Ramser, WDM Architects, stated that this is an expansion of the existing zoo and everything that they are doing is attempting to tie in with some of their existing exhibits as far as similar rock work, similar structure with plaster work, wood poles, screening and fencing found elsewhere throughout the zoo. They are taking the material pallet that is already in use that represents the vernacular of structures that would be found in Africa and expanding that throughout their new exhibits. The main thing they are doing with these designs is to minimize the guest's view of animal containment. They are trying to create magical views where people are not looking at animals through bars or in an obvious fenced enclosure. They are doing everything they can with landscape and artificial rock work to minimize the public's view of an animal trapped. The Commission discussed the lion yard and the windows that divide them from the meerkat exhibit. Mr. Scales stated that they layer so the guests get a more naturalist view of seeing multiple species within G:\Planning\Janine Judy\Word Files`A Mlnutes'2008\AR081014.min.doc Page 13 of 18 ARCHITECTURAL RED JEW COMMISSION MINUTES October 14, 2008 one view as opposed to just seeing a lion or just seeing a meerkat. A representative from The Living Desert explained how they give the predator a glimpse of prey for an enriching experience for the predator and the way the exhibit is situated, the meerkats don't necessarily have a view of the lions. She explained that they want to keep the animal's well-being in mind and giving them that stimulus is part of the animal enrichment program at The Living Desert. Each species has a program around it to keep them basically happy giving them interest and an activity to do. The representative went on to explain the number of lions that they will have at The Living Desert and explained the endangered species program. She stated that they have about fourteen managed programs that they work with. The representative explained that this plan does meet the American Zoo Association guidelines for height as do all their carnivore exhibits. ACTION: It was moved by Commissioner Hanson and seconded by Commissioner DeLuna to grant preliminary approval. Motion carried 6-0-0-1, with Commissioner Touschner absent. C. Miscellaneous Items: 1. CASE NO: APPLICANT (AND ADDRESS): INTERACTIVE DESIGN; 199 S. Civic Dr. Suite No. 10, Palm Springs, Ca 92262 NATURE OF PROJECT/APPROVAL SOUGHT: Review of conceptual plans for: Country Village LOCATION: 42-455 Washington Street, Palm Desert Ca, 92260 ZONE: P.C. (2) Ms. Kathy Walker, RDA, Senior Management Analyst presented the project. She stated that the City Council requested the Redevelopment Agency to develop a potential conceptual plan for low to moderate income housing at the old Country Villa site off Washington and Avenue of the States and incorporate an additional acreage that the RDA owns off Dudley Street. She stated that they have contracted with Interactive Design and stated that this has gone to a preliminary ad-hoc committee meeting. G:\Planning\Janne Judy Word Files!A Minutes\20o8\AR081014.ma,.doc Page 14 of 18 INDIAN WELLS July 2, 2008 Ms. Renee Schrader Associate Planner City of Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Ms. Schrader, Thank you for keeping the City of Indian Wells informed about the proposed Sir William Fries II Lion Ridge exhibit at the Living Desert. As the majority of the exhibit will be located in Palm Desert, it is only appropriate that the City of Palm Desert process the entitlements. Please allow this letter to serve as the City of Indian Wells authorization to allow the City of Palm Desert to process the entitlements for the Sir William Fries II Lion Ridge exhibit. Should you require any assistance from our department, please do not hesitate to call. Sincerely, orrie Kates Community Development Director 44950 Eldorado Drive / Indian Wells,California 92210-7497 /V(760)346.2489 / F(760)346-0407 / www.Indian Wells.com