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HomeMy WebLinkAboutA. Case No. CUP/PP 08-363 - 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 and a Precise Plan Amendment. 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 92260 ARCHITECT: Scott Ramser, AIA WDM Architects 105 N. Washington Wichita, KS 67202 CASE NO(s): CUP/PP 08-263 DATE: February 17, 2009 I. EXECUTIVE SUMMARY: Approval of Conditional Use Permit and Precise Plan 08-263 would allow the applicant to expand onto 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. The project received unanimous approval for its exterior presentation from the Architectural Review Commission at its October 14, 2008 meeting. For a detailed project description please see attached December 2, 2008 Planning Commission Staff report. II. BACKGROUND: At its December 2, 2008 meeting, the Planning Commission continued the public hearing to the next Commission hearing date of January 6, 2009, to allow staff and the applicant to respond to public comments offered. Unable to attend the Staff Report Case No.s CUP/PP 08-263 February 17, 2009 Page 2 of 11 January 6, 2009 meeting, the applicant requested that action on The Living Desert be continued until February 17, 2009. The minutes of the December 2, 2008 and January 6, 2009 meeting are attached. III. CONCERNS VOICED AT THE DECEMBER 2. 2008 PLANNING COMMISSION MEETING: Several community members expressed concerns regarding the proposed Living Desert project. The following five (A-E) general categories were addressed (see minutes December 2, 2008). Staff investigated each concern and has provided responses below. A. General Traffic considerations: Expressed concern: No stop sign for visitors leaving The Living Desert, making difficult left turns (northbound) for residents along the nearby Portola intersections. Staff response: A condition of approval has been added that requires that the applicant install stop controls on driveway exit. Expressed concern: Traffic would be increased by a "convention center". Staff response: A condition has been added that prior to submitting for the Phase 3 Conference Center building plan check, a traffic study be submitted to the Public Works Department for approval. The traffic study would indicate the expected highest number of conference center visitors compared to the existing traffic volume. If, at that time, additional traffic mitigations are necessary in order to construct the new building, they would be determined by the City's Transportation Engineer. Construction permits would not be issued until the applicant could determine the impacts and adequately meet staff or the Planning Commission's findings, whichever would be deemed appropriate by the Director of Community Development. Staff Report Case No.s CUP/PP 08-263 February 17, 2009 Page 3 of 11 B. Appearance of the perimeter chain link fence: Expressed concern: A resident commented about the location and appearance of the existing chain link fence adjacent to residential properties. The resident suggested that it be relocated to the interior of the complex. Staff response: The Living Desert has been in operation as a park since 1970, providing both botanical and zoological exhibits. (See attached Living Desert history.) In accordance with a permit requirement of the United States Department of Agriculture, actively operating zoos must install a containment fence as per the following: USDA Exhibitor's Facility Regulations, Sub Part F, Section 3.127: "All outdoor housing facilities (i.e., facilities not entirely indoors) must be enclosed by a perimeter fence that is of sufficient height to keep animals and unauthorized persons out. The fence must be constructed so that it protects the animals in the facility by restricting animals and unauthorized persons from going through it or under it and having contact with the animals in the facility, and so that it can function as a secondary containment system for the animals in the facility. It must be of sufficient distance from the outside of the primary enclosure to prevent physical contact between animals inside the enclosure and animals or persons outside the perimeter fence." [36 FR 24925, Dec. 24, 1971. Re- designated at 44 FR 36874, July 22, 1979, as amended at 64 FR 56147, Oct. 18, 1999; 65 FR 70770, Nov. 28, 2000]." As an industry standard, some measure of out-rigging or in-rigging is generally installed. In order to comply with USDA regulations, The Living Desert chose the chain link fence and angled barbed wire at the top, for animal containment as well as a security measure to prevent people from climbing over the fence. The applicant received their USDA exhibitor's license in 1978. In a conversation with Karen Sausman, President Emeritus, she first installed a chain link fence along Portola Avenue in 1970. Due to the USDA permit, the chain link fence cannot be removed, and is in fact, a public safety measure. Staff Report Case No.s CUP/PP 08-263 February 17, 2009 Page 4 of 11 However, a condition of approval has been added requiring that The Living Desert maintain the living landscape plant materials that shield the fence from view. In addition, the applicant shall be subject to seasonal landscape maintenance inspections. The city's expectation is that the living landscape plant material, which buffers the Portola Avenue streetscape from the visibility of the chain link fence, not encroach into the right of way. C. Noise/ Special Events: Expressed concern: Parties and special events that cause musical noise are louder, and at times later, at night than should be allowed. Staff response: Staff requested that the City of Pam Desert Police Department, (Riverside County Sheriff Station) research the occurrence of noise complaints received from nearby residents expressing specifically that The Living Desert was too loud too late. Police records were investigated from January 1, 2005 to December 31, 2008 for the address of The Living Desert located at 47900 Portola Avenue. The Police data base reported the following (see attached message from Lt. Andrew Shouse, dated January 6, 2009): 1. There were 83 calls for service generated at the address (47900 Portola) between 1/1/05 and 12/31/08. 2. None of the calls were for noise complaints. 3. The types of calls were 1) assist to Fire Department, 2) vehicle burglaries, 3) 911 hang-up calls from a pay phone(s), 4) lost property reports, 5) alarms, 6) petty thefts, etc. If a citizen called the Police Department dispatch complaining of noise at The Living Desert, but providing a different or incorrect address during that time, those calls were not captured in this search. It is unknown how many of those types of calls were generated, if any. According to Lieutenant Andrew Shouse, he is unfamiliar with the Living Desert ever being a source of complaints regarding noise. Staff Report Case No.s CUP/PP 08-263 February 17, 2009 Page 5 of 11 Planning Department staff also researched the Code Compliance division's records for complaints of The Living Desert. (See attached.) The majority of code citations were for illegally parked vehicles. There were no records of noise complaints registered. The applicant has provided copies of the application paperwork required to reserve space at The Living Desert for a special event, (see Facility Use Approval Request). A Facility Rental Agreement and a Calendar of random events have also been provided. Noise and time limits are not specifically addressed as a part of The Living Desert special event application. Staff is recommending that the Commission consider the following condition: that new information be added to the "Facility Approval Request" limiting outdoor entertainment noise Sunday through Thursday shall be set at 9 PM and Friday and Saturday to 10 PM. A few lists of past events are also included for the Commission's review. D. Noise/ Tour and School Bus: Expressed Concern: A resident stated that tour buses idle in the parking lot for hours. It is assumed that the idling is so that the bus engines are cooling the interior of the bus in order to provide air conditioning for The Living Desert visitors. Both noise and exhaust were cited by an adjacent resident. Staff response: The Living Desert staff does not know of any buses that idle for hours, however, the representatives are eager to do what they can for the environment. Included in the report is a table indicating the number and type of buses from the 2007 - 2008 season, (see attached "Number of Buses for 2007-2008 Season"). The total number from July 2007 to June 2008 was 676. Of the 676 total buses, 172 buses were "tour groups" or commercial tour buses other than school. The other 504 were school buses. It can be concluded based on the data that the vast majority of the buses are visiting from various schools. Primarily, the buses arrive from Coachella Valley schools. Some of the schools that visit The Living Desert outside of the Coachella Valley include (but are not limited to) Los Angeles, Ontario, San Bernardino, El Staff Report Case No.s CUP/PP 08-263 February 17, 2009 Page 6 of 11 Centro, Brawley, Calexico, Temecula, Escondido, El Cajon, Parker and Yuma Arizona. In addition to the three school districts in the Coachella Valley, schools that visit The Living Desert design their educational programs to meet some of the teaching standards for science for the State of California. The greatest incidence of annual bus-arriving and departing visitors, in all categories (school and private groups), is from November through May. The highest number of visitors occurs during the month of March. In accordance with Palm Desert Municipal Code Title 10 Vehicles and Traffic, Chapter 10.98 Commercial Vehicles, Section 10.98.010 Parking prohibitions and restrictions, "C. While adjacent to a developed residential area within the city, the operator shall not idle the vehicle engine for longer than fifteen minutes". This code section would apply to commercial vehicles (private "tour" buses), and would be enforceable through the City's Code Compliance Division should a complaint be registered. It should be noted there is an approximate 320-foot distance, from where the buses are designated to park, to the closest edge of a residential building. The City does not have the ability to dictate, control or enforce the operation of school buses on a private property site. However, the Planning Commission can recommend that the Living Desert place reminders, send notices, and/or publish on their website the following notice: "The environment and energy are valued resources and that the idling of any bus longer than 15 minutes is discouraged". E. Noise/ leaf blowers: Expressed concern: Residents have been awakened at 6:00 AM by the noise of leaf blowing machines. Staff Report Case No.s CUP/PP 08-263 February 17, 2009 Page 7 of 11 Staff Response: According to Title 9 Public Peace, Morals and Welfare, 9.24.075 Property maintenance activities. A. Noise sources associated with property maintenance activity and all portable blowers, lawnmowers, edgers or similar devices shall be prohibited except during the following hours: October 1st through April 30th Monday through Sunday: Nine a.m. to five-thirty p.m. Government code Not allowed. holidays: May 1st through September 30th Monday through Friday: Eight a.m. to five-thirty p.m. Saturday and Sunday: Nine a.m. to five-thirty p.m. Government code Not allowed. holidays: Notwithstanding the hours of permitted operations, such equipment that constitutes a public nuisance may be abated as otherwise provided in this code. With the exception of blowers, all maintenance activities in communities associated with golf courses and/or tennis courts can operate from five-thirty a.m. to seven p.m., seven days a week. B. No person shall wilfully make or continue, or wilfully cause to be made or continued, any noise from any portable powered blower at a level which exceeds seventy decibels dBA measured at the midpoint of a wall area twenty feet long and ten feet high and at the horizontal distance fifty feet away from the midpoint of the wall, or not more than seventy-six decibels dBA at a horizontal distance of twenty-four feet using a sound level meter. Staff Report Case No.s CUP/PP 08-263 February 17, 2009 Page 8 of 11 C. All gasoline powered blowers shall be equipped with a permanently installed limiter that restricts the individual equipment motor performance to half throttle speed or less. D. No portable powered blower shall be operated in a manner which will permit dirt, dust, debris, leaves, grass clippings, cuttings, or trimmings from trees or shrubs to be blown or deposited onto neighboring property or public right-of-way. All waste shall be removed and disposed of in a sanitary manner by the user or property occupant. E. Leaf blowers shall not be operated within a horizontal distance of ten feet of any operable window, door, or mechanical air intake opening or duct. F. All portable power blowers operated by commercial landscape businesses in the city of Palm Desert must be registered and licensed with the city of Palm Desert pursuant to the most current adopted resolution. (Ord. 1076 § 1 (part), 2005; Ord. 842 § 3, 1997) If the Living Desert landscape maintenance crews abide by the above set schedule, then there is code compliance. However, Staff recommends that the Planning Commission approve a condition be recorded in the resolution limiting The Living Desert to these code requirements. IV. ANALYSIS: The outstanding concerns that were raised at the December 2, 2008 meeting have been addressed by crafting conditions of approval and by analyzing the reasonable basis for attaching the conditions. The new conditions appear in the resolution for the current hearing, which are enumerated in the following paragraphs. The following are new conditions that Staff has added to the Planning Commission resolution. They appear under the Planning Department "Special Conditions" heading. 1. The applicant shall install stop controls on driveway exit. 2. Prior to submitting for the Phase 3 Conference Center building plan checks, applicant shall submit a traffic study to the Public Works Department for approval. The traffic study shall indicate the Staff Report Case No.s CUP/PP 08-263 February 17, 2009 Page 9 of 11 expected highest Level of Service numbers generated by the proposed conference center visitors compared to the existing traffic volume. If additional traffic mitigations are necessary in order to construct the new building, they shall be determined by the City's Transportation Engineer. Adequate mitigations shall meet staff's or the Planning Commission findings. 3. The Living Desert shall install new plant material and maintain the living landscape plant materials to shield the fence from view of the Portola Avenue right of way. 4. The applicant shall be subject to seasonal landscape inspections and shall not allow landscape plant material, buffering the Portola Avenue streetscape from the visibility of the chain link fence, to encroach into the public right-of-way. 5. The applicant shall require a time limit for outdoor entertainment noise Sunday through Thursday of 9 PM and Friday and Saturday of 10 PM. 6. The Living Desert shall place signs in the parking lot, visible to parked buses, send notices, and publish on their website the following notice: "The environment and energy are valued resources. The idling of any bus longer than 15 minutes is discouraged". 7. The applicant shall limit early morning noise from the use of leaf blowers and landscape maintenance equipment as per Palm Desert Municipal Code 9.24.075 Property Maintenance Activities. V. CONCLUSION: The subject property has operated as an animal and botanical park since 1970. The proposed expansion of The Living Desert conforms to all zoning regulations. Findings for the Conditional Use Permit and the Precise Plan are met. The Living Desert site totals 1,200 acres of land. Of these, 180 acres are part of the current master plan for future uses. The remaining 1,020 acres are proposed to be left in a natural state. Currently in operation are 120 acres of the 180 master-planned acres. The 120 acres are developed as zoological exhibits, botanical gardens, park amenities, trails, and infrastructure. Impacts from the proposed new animal exhibits would be minimal, as the proposed exhibit area is 6.5 acres. A Mitigated Negative Staff Report Case No.s CUP/PP 08-263 February 17, 2009 Page 10 of 11 Declaration has been prepared and a Mitigation Monitoring Reporting Plan would be in place to assure that the project's environmental impacts are less than significant. Each of the concerns voiced from the public at its last meeting have been addressed in the form of a condition of approval. It can be concluded that the proposed expansion of the public facility would be a favorable addition to the region. VI. RECOMMENDATION: Upon consideration of community comments made at the public hearing, and deliberations expressed by the Commissioners, Staff recommends that the Planning Commission adopt the findings and adopt Planning Commission Resolution No. , approving CUP/PP 08-263 and approving the Mitigated Negative Declaration subject to conditions attached. Staff Report Case No.s CUP/PP 08-263 February 17, 2009 Page 11 of 11 VIII. ATTACHMENTS: A. Draft Resolution B. December 2, 2008 Planning Commission Minutes, including written statement submitted for the record. C. January 6, 2009 Planning Commission Staff Report and DRAFT Minutes. D. History of the Living Desert E. Living Desert "Facility Use Approval Request" (rental agreement), "Facility Rental Agreement" (rules), and event calendars for September 29, 2008, and October 6, 2008. F. Bus Parking Counts for 2007-2008 G. Letter and email submitted in favor of project received February 11, 2009 H. Riverside County Sheriff Department, Desert Station, Police Reports I. City of Palm Desert Code Compliance Division Enforcement Reports J. Mitigation Monitoring and Reporting Program for Mitigated Negative Declaration K. Planning Commission December 2, 2008 Staff Report and Attachments L. Plans, Renderings, Exhibits Submitted by: Department Head: -41-766-7 e Renee Sch er auri Aylaian Associate Planner Director of Community Development Approv : Omer Croy ACM for Dev pment 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 which was continued and heard on 17th day of February, 2009, 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 conditioned to be maintained at the 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 17th day of February, 2009, 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. 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 Living Desert complex. 10.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. SPECIAL CONDITIONS 11.The applicant shall install stop controls on driveway exit. 12. Prior to submitting for the Phase 3 Conference Center building plan checks; applicant shall submit a traffic study to the Public Works Department for approval. The traffic study shall indicate the expected highest Level of Service numbers generated by the proposed conference center visitors compared to the existing traffic volume. If additional traffic mitigations are necessary in order to construct the new building, they shall be determined by the City's Transportation Engineer. Adequate mitigations shall meet staff's or the Planning Commission findings. 13.The Living Desert shall install new plant material and maintain the living landscape plant materials to shield the fence from view of the Portola Avenue right of way. 14.The applicant shall be subject to seasonal landscape inspections and shall not allow landscape plant material, buffering the Portola Avenue streetscape from the visibility of the chain link fence, to encroach into the public right-of-way. 15.The applicant shall require a time limit for outdoor entertainment noise Sunday through Thursday of 9 PM and Friday and Saturday of 10 PM. 16.The Living Desert shall place signs in the parking lot, visible to parked buses, send notices, and publish on their website the following notice: "The environment and energy are valued resources. The idling of any bus longer than 15 minutes is discouraged". 5 PLANNING COMMISSION RESOLUTION NO. 17.The applicant shall limit early morning noise from the use of leaf blowers and landscape maintenance equipment as per Palm Desert Municipal Code 9.24.075 Property Maintenance Activities. 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. 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 perm its. 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 6 PLANNING COMMISSION RESOLUTION NO. 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) 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 1133B.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. 7 PLANNING COMMISSION RESOLUTION NO. 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. 8 PLANNING COMMISSION RESOLUTION NO. 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. 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 '/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. 9 • MINUTES PALM DESERT PLANMIt _COMMISSION_ DECEMBER 2;200$ go from one center to the other. He believed there was some kind of cut thru there to get from one project to the other. Chairperson Tanner said it might help the process, but it certainly was a problem. Commissioner Limont wanted to make sure they were aware of it, took a look at it, and made sure they didn't bypass it. She agreed with Co-Chair Campbell that Architectural Review did a good job dressing up the building a lot and thought that area suffered from some mediocre architecture and this was a nice building. Action: It was moved by Commissioner S. Campbell, seconded by Commissioner Schmidt, approving the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner S. Campbell, seconded by Commissioner L mont, adopting Planning Commission Resolution No. 2491, approving Case No. PP 08-309, subject to conditions. Motion carried 5-0. ivam r D. Case No. CUP/PP 08-263—THE LIVING DESERT, Applicant Request for 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. Ms. Schrader stated that 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 those four phases. She gave a detailed staff report, and then distributed a packet of pictures and a survey of national zoos, which she explained was where there are African lions and where they are in proximity to residential areas. It was compiled by Terrie Correll, the Director at the Living Desert. She said there were only a few outstanding comments, most of them were positive, and in the staff report, the method for addressing the containment of the lions, including the sound they might make, had been expressed where there is basically excavation, berming and walls. The hope was that the noise itself would not be an issue at all. Also included in the packet was a study of parking. Basically, throughout the nation the number of visitors and parking that is provided, and it turned out that the Living Desert is well within the ranges, so right now it is in great standing in that regard. She stated that the proposed expansion conforms to all zoning regulations and indicated that impacts were very minimal. She thought the Living Desert could be counted on to make a very aesthetic contribution to the region. It 6 MINUTES PALM DESERT PLANNING COMMISSION _ DECEMBER 2. 2Q04 could be concluded that the facility would be favorable and staff recommended approval with the conditions attached to the draft resolution. Commissioner Limont asked if they had talked to folks that live close by, like at the Reserve. Ms. Schrader said she did have visitors come to the public counter who commented that they really enjoy the animal noises in the morning. They actually hear wart hogs and the animals clamoring for their humans to come and feed them, and they enjoyed it very much. There were some other concerns; she wasn't sure if those people were in the audience or not and wasn't sure she should speak for them or not, but they were concerned about noises that were not animal noises, noises that upset the animals having to do with fireworks and things like that. Other than that, it was very positive living near the Living Desert and hearing any kind of noises, as far as the zoo was concerned. Commissioner S. Campbell asked where the fireworks were coming from. Ms. Schrader said it was her understanding that they come from both the Vintage and the Reserve. They were from individual residential partiers--it wasn't from the Living Desert. Commissioner Limont asked during the season, and during the holiday season, if the parking was difficult because of so much going on at the Living Desert. She asked if, as of today, we have had parking issues there. Ms. Schrader hadn't heard of any complaints from residents and noted that this was actually noticed well in advance because of the Negative Declaration, so there was an opportunity to hear if anyone had complaints. She knew there were a couple of events, recent events, that weren't always there, like the Earth Day event, etc., which caused some parking on Portola, but they didn't have residents complain to Code Enforcement that she was aware of. Commissioner Limont noted that the Living Desert has expanded their classes and a lot of really good things, and she thought they needed to really look out for that neighborhood. That is a wonderful neighborhood, it's very sweet and a lot of people walk, and they wanted to make sure there weren't a lot of cars on the street. Chairperson Tanner asked how many parking spaces were available right now. Ms. Schrader replied 635 total for the guests. Chairperson Tanner pointed out the open area just southwest of the parking area along Portola and asked if it could be used now for additional parking. Ms. Schrader wasn't sure how the Living Desert attended to their spillover when they have holiday events, etc., and asked that the question be directed to the applicant as to what happened to that area when it gets really full. When speaking with staff, the area near the giraffe exhibit was almost empty all year round and it was only during event times when it becomes really full. Chairperson Tanner asked about that area as they add attractions. Ms. Schrader pointed out the existing parking and the employee parking and noted that there appeared to be a building there and wasn't sure how the area would accommodate an expansion of the existing parking. Ms. Aylaian noted that one of the conditions of approval in the draft resolution before them required that before they get to Phase 3 of the expansion, which is really 7 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2001 where the vehicle intensive use would be for the conference center or things that would actually draw more people, a parking study and a parking management plan would be required. For the first two phases, staff didn't anticipate that the use would increase the number of people using the parking. Commissioner S. Campbell asked if they would return to Planning Commission when Phase 3 was started. Ms. Schrader thought the Public Works and Planning Departments would make sure that the parking management plan was to staff's satisfaction; otherwise, they would have to bring it back if for some reason they felt it wasn't satisfactory. Commissioner Schmidt asked if it was a condition. Ms. Schrader said yes. It was in the staff report and in the resolution. There were no other questions for staff. Chairperson Tanner opened the public hearing and asked the applicant to address the Commission. MS. TERRIE CORRELL of Palm Desert, and SCOTT RAMSER, the architect, from Wichita, Kansas, came forward. Ms. Correll thanked the Commission and the staff for all their hard work and effort on their project. They looked forward to Lion Ridge and it would be one step closer to completing their master plan. Regarding parking, Ms. Correll clarified that right now they allow staff to park in the lot, which she believed was 100+ spaces that Renee quoted. At any time, they could request staff to park in off-exhibit or service areas that they have designated as staff parking. They could also create additional staff parking. She said Thanksgiving weekend is their biggest weekend at the Living Desert, and she had volunteers and staff out counting parking spaces, because she thought this might be a question during the day time. At no time on Friday, Saturday or Sunday was the parking lot full. In fact, Friday, they had 81 available spaces at the peak, and the high end on Sunday, 520 spaces were available. So it was taken over times at 11:00, 12:00, 1:00, 2:00 and 3:00 o'clock, their peak visitation times. So the same could be said for Wild Lights which opened that weekend as well. At no time did they fill the lot. She thought that might be useful. Mr. Ramser thanked the staff and thought this non-traditional project required a few extra things as far as looking at it and trying to figure it out. The one thing he wanted to stress was the exhibit and architecture they did was all in keeping with the existing development and architecture that exists at Village Watutu and the giraffe exhibit. They were doing similar things and trying to enhance what is there. 8 MINUTES PALM QUERI PLANNING COMMISSI _ -__ D QEMBER 2, 20011 There were no questions for the applicant. Chairperson Tanner asked for testimony in FAVOR of. There was no response. He asked for testimony in OPPOSITION to the proposed project. MR. PATRICK G. BEDROSIAN, P.O. Box 272 in Palm Desert, California, stated that he has a place on Ocotillo Court in Corsican Villas. He stated that he didn't necessarily agree with everything that had been said. One of the things he found just going out the gate sometimes is people will be leaving the Living Desert, and because they are following each other, they don't all stop. If you are trying to turn left out of Corsican there, there are continuous cars coming out because the one person is following the one ahead. But he would follow what he had (referring to a letter he submitted before the meeting started). He said these were things that have actually happened. His first objection, and they were talking about how nice it looks inside for the animals, but his first objection is he came to City Hall when they were in the process of putting up the chain-link fence along Portola, which by the way, he didn't think they would approve a chain-link fence anywhere in Palm Desert in a residential neighborhood. Was he right? He knew he was. He worked for the City. They put up a chain-link fence along Portola with some barbwire. When he brought that to the staff's attention, he was told that nothing could be done about it because it is in Indian Wells. Now when he sees this, he didn't want to call anybody anything, but basically it wasn't the truth. If there is a concern, the concern should be what the appearance is from the road, what the rest of them have to comply with. The barriers, if they are putting up barbwire and those kinds of fences, should be on the other side of the parking lot internal to the complex. What is along the road should have to go through the same kind of thing any other project has to do in the city. To him it was wrong, and if they wanted to do anything, that's where they needed to start. His second objection was high noise levels. When he lived there in his condo, he had to take a flight, and it had to do with the City, and there was a party going on there and the music was actually vibrating his roof. He could hear all the people getting on the loud speaker. He called law enforcement several times and nothing happened because it was in the Living Desert. When he talked to them and complained, they offered him some passes. He was not interested in some passes. He was interested in maintaining a high level neighborhood. He moved in there in 1987 and the reason why they were there, and it's changing in the desert and he understood that, was because they could see the stars, they could hear a pin drop, and the animals they hear are coyotes once in a while. He didn't want to change that. He was sorry, but he didn't. He didn't want a convention center there; he didn't want any more traffic there. Traffic has to do with ambient noise levels. He knew about them 9 C MINUTES PALM INSERT PLANNING COMMISSION _ _ DECEMBER 2.209$ and has enforced them. So it has to do with ambient noise levels and when they bring that kind of traffic in there, they change the ambient noise levels. When they change the ambient noise levels that allows people to get louder in other things they do because it is based on ambient noise levels. The ambient noise level in that area before they changed the Living Desert from what it used to be to protect the bighorn sheep, they were heading toward it being a zoo. When he moved there, that wasn't the idea. He always thought, gee, this is great, he has all these nice neighborhoods around him, and besides that, he has a place that is not going to be a problem. Mr. Bedrosian said basically it affects their right to enjoy their property, it affects their peace and quiet and the value of their property. He didn't think it should keep changing. If anything, it should go backwards. If they wanted to make a zoological park, they should do it near 1-10, or use the Vintage gate as the entrance to this place and see how quickly that would change the way they donate their money. The rest of them have to live with it; it was on the Vintage's side gate, not at their front gate. So it was traffic, noise, pollution. He thought she said 14 or 18 bus spaces. That is an indication of how much traffic they are really talking about. That was not normal. Would they like 14 or 18 diesel trucks coming down their city street? No, they would not. And Portola is their city street. That was part of what's wrong. The activities there should be limited. The hours should be limited. They have Sandpiper who made all kinds of noise. They had some really good businesses that were going to bring revenue to the City and the City built a park there. The reason why the City built a park there was because every business that tried to get in there, Sandpiper pitched a complaint about and there was no business there and it is a commercial zone. They have had businesses that get a complaint from outside the city, and he was familiar with all of this. They get a noise complaint from someone that lives in Rancho Mirage, and yet they will come down on the business, and he lives within the neighborhood there and basically it is going to be ignored. He didn't think so. Mr. Bedrosian said there are 130 units in their complex. Granted, all of them didn't border this place. But from his own experience, he also has a home in Indian Wells, when these events happen in the hotels, or whatever, he couldn't open up his windows when it was nice weather. Why? Because of the loud speakers and he lives all the way by Fairway and he could hear someone on their loudspeaker at the Hyatt or at the Esmeralda. None of them want that in their neighborhood, and they shouldn't have it. They didn't pick a location where they would be dealing with any of this. 10 ( �. MINUTES PALM QESERI PLANNING COBS - _ W DLCEMBER 2. 2004 To him it has just gotten worse, and they were just trying to make more of the same and it was wrong. The indication to him is someone showing him a hut and how it's going to look nice for the lions. He didn't care about that. They spent money on their entryway and on their fence. His development has some old fence that is grandfathered in, but the Living Desert put in a brand new fence that's illegal and no one at the City did anything about it. He would actually use the word now because he saw the property, the actual city limits, and they lied to him. And that's wrong. And that was high levels that lied to him. It's got to stop. When they make exceptions for things that are non-profit or whatever it is, things happen like what happened in La Quinta. Someone goes in to make the change, the next thing you know they are tearing up the mountainside and now it would be something different. That's what happened here. It's going to be something different than what they started out with: saving the bighorn sheep. Convention center? They have Desert Willow and all kinds of places. How much traffic and how many people can go in that convention center? Would they want that by their house? He didn't think any of them did. He also didn't think there was one person that wanted 18 buses, buses idling, vehicles running and polluting the air. They like to be able to walk. That's a walking neighborhood and always has been. Let them put it behind Bighorn and see what kind of scrutiny they get. Just because they don't have million dollar homes doesn't mean they don't have rights as citizens. And the people that are donating money, they are donating money to a good cause, but he knows some of them. Where their other fancy homes are outside the city, if someone was to put a zoo next to their house they would have a fit. Mr. Bedrosian thought they should think twice about allowing any expansion of that place at all. He thought they had already done too much, and he thought they did a lot of it without approval, because that parking lot expanded. Did they get a notice that the parking lot was going to expand? Did they get a notice that the fence was going to go up on Portola? No. He knew they didn't because he questioned that fence when it went in. So it was okay, they were going to reward people for doing things illegally and then give them more. He didn't think so. That was his objection and the rest were in his letter. His neighbors, a lot of them voice the same opinion. He originally wasn't going to come here and was glad he did, because the more he heard, the more he doesn't like it. He thanked them. MR. VOLKER NIEWISCH, 73856 Ocotillo Court, said he was not a professional at this and got a very professional and polite briefing, a lot of patience, from Ms. Renee Schrader. He thanked her for that and said it 11 MINUTES PALM DEE.EOT,PIPA 1 IINQ COMMISSION DECEMEER 2.200Q was very interesting. He was,there as a resident who loves Palm Desert. He has been there since 1985 and lives in the Corsican Villas complex. He had questions and asked if they could be addressed to the applicants, or to assume that all of them know all the details. According to the mailing they received from the City, they were proposing Phases 1 thru 4 and he asked if they had a timeline estimate. Part of Phase 3, and he wanted to confirm it and had been briefed by staff, is called an entry complex. That was very scary to him because their entry from the complex could possibly face the new entry and he didn't know what entry complex meant, unless the applicants explained it to him. Because that would be a major traffic hazard if it was moved from the existing entrance, which was just a little bit up from their entrance, and that would be a huge inconvenience and safety hazard. The exiting vehicles from the complex were not really traffic safety conscious because he didn't really recall if there was a stop sign at the exit or not. So it might be perfectly legal to make a right turn to go north on Portola towards Palm Desert. He would like to have an answer to that. Is there any plan to move the entry complex from where there is not an entry gate? Ecology. Mr. Niewisch was most proud of Palm Desert of being such an ecology advocate. It was really refreshing and he was sure the City would serve as an example for the whole nation. He emailed more about the City ecology program all over, not just the United States, but Europe, as an example. Therefore, he was a little bit angry about the nonchalance with which the Living Desert did not reply to their inquiries about the legality or advisability or the ethics of 4, 5 or 6 tour buses idling for hours. If the applicant could give him an explanation of why it was technically necessary that a modem diesel engine run, or if it was for the bus users comfort so that they have a nice cold bus to get back into, he could understand that, but that did not fit into the City's embracing of the ecology issues, because that's an air pollution issue and not justifiable. Noise abatement regulations. There were times and decibels for music and fireworks events in the evening. That was an issue. He liked to sit on his patio and not be forced to listen to someone else's music tastes. He liked most of the Christmas music there now, but it was really not a peaceful place anymore because they have local performers and all kinds of bands. It was very audible where they live. Mr. Niewisch said he had a neighbor that accompanied him here. At 6 o'clock in the morning his bedroom window faces onto Portola toward the Living Desert. It was 56 feet from the Living Desert border. They use leaf blowers at 6:00 in the morning. He is unable to sleep with an open window, which they all like to do when they can. Some of them need to have it explained. 12 MINUTES PALM POEM FLAMM COMMISSION _ DECEMBER 2. 2001 Everything about the Living Desert is great: the website is great, the mission statement is beautiful, and they could really be enthusiastic about it, but the reaction from the staff, and he didn't like to complain, and those are usually employees and volunteers and he didn't like to do that, but usually they offer a free ticket. He would also like to have an explanation from the applicant or the Commissioners about the specifications and the irregularity of the chain-link fencing. He thanked them and Ms. Schrader. MR. MIKE VULOVIC, 73-864 Ocotillo Court in Corsican Villas, stated that he is in the front side and his window is open 53 feet from the Living Desert. He didn't want them to get him wrong, he wished them the best and wanted to be a good neighbor, but he would give them two or three examples just to bring it on a human level to see what he has to go through. About a year ago they had three diesel buses running for hours. As they knew, the wind is always toward them. They had to close the windows, not because of the noise, but because they couldn't breathe. He ran across the street and talked to the bus driver who told him, not very politely, that they have to keep the buses cool for their customers. The visit usually lasts at least two or three hours. He requested to speak to someone in charge. He should have taken her name; the lady was very polite and very nice and she more politely than the driver told him that the customer was their first obligation. On another occasion there were fireworks and it was at 11:40 p.m. and he has to get up at 3 o'clock to go to work. It was for 10 to 15 minutes and was loud. It wasn't on the 4th of July. Somehow he was so excited he called the La Quinta police department and their explanation was that someone important must be having a birthday. So those were little examples of what they have to go through. When his family bought there after many, many years of hard work, they could finally afford to buy a little piece of property in this paradise. They were so happy and so glad and never objected to anything. He even sent all of his friends and customers across the street to visit them to support them. He was proud of them. But gradually it has become worse and worse: the air pollution, the noise, and it wasn't just that it was unbearable, but it's also insulting the way they are treated. And it was to the point where he was talking to his family that it was going to get worse and worse and they would probably have to sell and move away and give away all their dreams and what they had worked for..He thanked them for letting him speak. Chairperson Tanner asked if there was any other testimony in opposition. Hearing no one, he asked the applicant to answer questions and offer rebuttal comments. Ms. Correll said that with regard to fireworks, the Living Desert does not shoot off fireworks. That comes from most likely the Vintage and the Reserve. In fact, they call the Living Desert when they are going to have a 13 MINUTES PALItDESF T PLANt NQ COMMISSION DECEM@ER 2. 200§ fireworks program to let them know because they were concerned that it might cause problems with the animals, but that was not the case. The animals habituate to it, and because of where they are located and how it is planted, the animals don't really hear it. That was something out of their control and they have no control over who shoots off fireworks. With regard to the buses, they do offer bus parking and have 14 spaces. They are used most of the time for school buses. They do have tour buses that come through and they do ask that the buses park there. If they choose for their customers, or it's their company policy that they have the buses running for air-conditioning, she didn't know that they had any control over that. With regard to the noise level of parties, they do offer parties and people do from time to time have wedding receptions and things like that at the park. When they are notified that the noise level is too loud, because sometimes it does get loud, and on occasion they have had to tell the people renting the space to quiet down or they have to close the function down, so they try whenever possible in their planning and what they do to be good neighbors to the Corsican Villas, to the folks at the Vintage, and at the Reserve. She didn't know if she missed anything. Mr. Ramser addressed the entry complex and what that would be. He said that wasn't a separate entrance onto Portola; that was the entrance from the parking lot into the zoo, so it would be a new entrance gate where you pay admission. It would include gift shop and some other services for security and things like that. It wouldn't directly affect any traffic. There was also a question about timeline of the future phases. Basically the phases that would include the entry complex and then the event center, there were basically no timelines at this point because they were anticipated to be several years out at this point. Ms. Correll said that right now, Phase 1 and Phase 2 construction would begin in 2009 and they anticipated that to go 18 months to two years, depending on what happens, for completion in 2011. Referring to her notes, regarding the chain-link fence, as she recalled, they worked with the City of Palm Desert to install that and plant it at some point quite a while ago. So they did that in conjunction with the City. The parking lot itself, they just put pavers down and used the existing space that they had for their parking lot. They eliminated berms and some plantings in the dirt parking lot and installed pavers, which allows water to seep through. She asked for any other questions. Ms. Aylaian said the one remaining question she didn't hear addressed was the use of leaf blowers. She asked what hours the maintenance crew worked. 14 MINUTES PALM RED PLANNING CMIMISSIO_N CECEMPER 2.20Q$ Ms. Correll said their gardening crew works in the summertime 6:00 a.m. to 3:00 p.m. She understood those hours were per City ordinance, but if she was wrong, and they do use leaf blowers in the interior of the park, not every day, but they do use them. (Someone from the audience spoke and said they were also used outside on the sidewalk.) Ms. Correll said they try to meet the City ordinance, and if it was 6:00 a.m., that's what they were doing. If it was before then, they wouldn't want to do that and would want to meet the City ordinance for leaf blowing. Chairperson Tanner asked for their hours of operation. Ms. Correll said they are open 9:00 a.m. to 5:00 p.m. with the last admission at 4:00 p.m. Chairperson Tanner asked about the parties they have for weddings, anniversaries, etc. Ms. Correll said that typically the parties they have are smaller functions in the space. They have a DC house, they have a new Chase administration building they rent, and they rent out their palm garden, which is the largest of the venues and that can hold around 200 for a seated dinner and up to 400 for a standing cocktail kind of hour. It is a revenue-generating source for them, but most of the parties were not a lot of people because the venues they have are smaller. It was just the palm garden. They don't get weddings every weekend or anything like that; occasionally they do. Chairperson Tanner asked how late those go. Ms. Correll said those can go until midnight. Chairperson Tanner asked if that was with music. Ms. Correll said not with music, but the whole function itself, they've had them as late as midnight. But that was a rare thing. Usually there are dinners and things like that which are over with around 10:00 p.m. Commissioner R. Campbell asked if they could somehow find another parking area for these buses to go to, and the people who ride the bus, because he has gone through this in other places where they're told the bus will not be back until 4 o'clock and they would have to find something to do until that time because they are not allowed to have the buses parked there idling. So it made him wonder if something like this could be worked out with somewhere else in the city. 15 MINUTES PALM DESERT PLANNING COMMISSION_ DECEMBER 2. 2Q0§ Ms. Correll said possibly, but when they built the new parking lot itself and redid it, they allowed for 14 spaces. Those were mainly for school buses that do come and go, but they do park there. Anything was possible, so yes, it was possible. Commissioner Limont thought it was obvious that the City needed to maybe have a conversation with the Living Desert and say we have some neighbors, here are the issues, and take a look at our ordinances and make sure, because it didn't matter if they are non-profit. They are all neighbors in this town and she wanted to make sure they are within the ordinances and make sure everyone was in agreement that we address this and then at a later time bring some of these issues back. Commissioner S. Campbell noted that there were quite a few issues here that should be given an answer to and suggested a continuance. The noise up to midnight, and Augusta's having to close, so she thought they should continue it. Chairperson Tanner asked if that was a motion. Commissioner S. Campbell made motion to continue. Commissioner Limont seconded the motion. Action: It was moved by Commissioner S. Campbell, seconded by Commissioner Limont, continuing Case No. CUP/PP 08-263 to the first meeting in January (January 6, 2009). Commissioner Schmidt asked about the scope of the future events center and asked Ms. Correll to elaborate on it a little bit. Ms. Correll said it was called the Special Events building and was basically a big box and what they would be doing with that is using it for temporary exhibits that they might want to bring into the park. They would also use it for their own fundraising. Right now they rent a tent when they have their annual fundraising event. They would be able to use that building for that. If someone wanted to have an indoor space instead of using their palm garden for a larger event, they would be able to have that facility for rental. She wanted to emphasize that most of these events are small events at night and it was rare that they really go late. She just wanted to make sure everyone understood that. Commissioner Schmidt asked if the events were placed more toward the center of the complex or around the periphery. Ms. Schrader showed a site plan of the future buildings and believed the larger building was for special events and the smaller the entry complex. 16 MINUTES PALM QESEEMPLANNIM MMMISSIQN _ DEQEMEER 2. 209$ Mr. Ramser also showed the corner of the existing parking lot, the administration building and pointed out the new entry area. Commissioner Schmidt noted that it was a little north and east of the street entrance from Portola. Mr. Ramser thought that it would be almost straight south from the entrance. Ms. Schrader explained that the plan was turned around. She showed Portola and pointed out the entry area and the events building, as well as the Portola entrance. There was no other discussion and Chairperson Tanner called for the vote. Motion carried 5-0. IX. MISCELLANEOUS A. Case No. VAR 08-821 —MICHAEL AND MARIANNE TOIA, Applicants Per Planning Commission direction on November 18, 2008, presentation of a resolution denying a request for a variance that would reduce the required minimum side yard setback from five feet to zero feet to allow construction of a golf cart shed located on property line for an existing single family home located at 46-020 Burroweed Lane. Action: It was moved by Commissioner S. Campbell, seconded by Commissioner Limont, approving the findings as presented by staff. Commissioner Schmidt wanted to make sure that a yes vote was to deny it. Commissioner S. Campbell said yes. For the record, Chairperson Tanner stated that his understanding of what the Planning Commission does is they look at ordinances and not the legal aspects of building and not building. At the meeting, there was comment about the legality of building the complex, about proper permits and he understood that and feels for that, but at the same time, what was presented before them was the variance of five feet. He, again for the record, just wanted to make sure they know that that is what they are supposed to be doing. There was a motion and a second. He called for the vote. Motion carried 4-1 (Chairperson Tanner voted no). It was moved by Commissioner S. Campbell, seconded by Commissioner Limont, adopting Planning Commission Resolution No. 2492, denying Case No. VAR 08-821. Motion carried 4-1 (Chairperson Tanner voted no). 17 TOMMORROWS HEADLINES COUNCIL APPROVES FUTURE CIRCUS /AMUSMENT PARK OF THE DESERT IN THE MIDDLE OF A HIGH END RESEDENTIAL DISTRICT. WHAT NEXT ??? 1 FIRST OBJECTION ILLEGAL CHIAN LINK FENCE WITH BARBED WIRE IN PUBLIC VIEW. I CONTACTED CITY HALL WHEN WORK WAS IN PROGRESS ASKING ABOUT PERMITS WAS TOLD NOTHING COULD BE DONE IT WAS IN INDIAN WELLS NOW BELIEVE THIS WAS NOT THE TRUTH (I AM BEING NICE) BY CITY STAFF AT MANAGEMENT LEVELS. THIS TYPE OF FENCE DOES NOT BELONG ON PORTOLA AND NOT LEGAL IN A RESIDENTIAL DISTRICT THIS IS ALSO TRUE FOR THE BARBED WIRE. BARIER WALLS AND FENCES BELONG INSIDE THE PROPERTY OUT OF PUBLIC VIEW THIS IS NOT A COMERCIAL ZONE. REMOVE /MOVE FENCING TO THE EAST SIDE OF PARKING LOT OUT OF VIEW NOW. 2 SECOUND OBJECTION HIGH NOISE LEVELS OF MUSIC LOUD SPEAKERS BUSES. IN THE PAST WHEN THIS CREAATED A PROBLEM FREE PASSES WERE OFFERED KEEP THE PASSES AND STOP THE NOISE POLUTION. NO FUNCTIONS WEDDING PARTIES ANYTHING UNLESS INDOORS SEE NUMBER 3. 3 THIRD OBJECTION ADITIONAL TRAFFIC AND POLUTION THIS FACILITY WAS INTENDED TO BE A RESERVE TO STUDY AND PRESERVE THE LOCAL BIG HORN SHEEP WE BOUGHT IN THIS AREA FOR ITS CLEAN AIR AND TRANQUILITY. WHAT HAPPENED HOW ABOUT WE MAKE THE ENTRANCE TO THE NEW ZOO WITH LIONS AND ANIMALS THAT DON'T WANT TO BE HERE THE MAIN GATE OF THE VINTAGE. 4 THIS HAS ALREADY GONE WAY TO FAR AND NEEDS TO STOP NOW YOU ALLOWED SANDPIPER AND OTHERS TO DICTATE TO LEGAL BUSINESS IN THE PROPER ZONES AND ARE TURNING YOUR BACK ON PROPERY OWNERS AROUND THIS ILLEGAL ACTIVITY IF THEY WANT TO EXPAND MOVE OUT BY THE I 10 AND BUILD YOUR ZOO BUT NOT HERE. DOYOU REALLY CARE ABOUT THE ANIMALS I THINK YOU HAVE LOST SIGHT OF THE REASON FOR THIS DESERT RESERVE THANK YOU PATRICK G BEDROSIAN Tuesday, December 2, 2008CCCCC Received at Planning Commission meeting Date; I 4-2/0 Case No, PP Os-a6,3/miser From; ? -TAdCK. 27. lsad ea sfa n-- / l%V / ' ��)/ /�' Voker Niewisch 73856 ocotillo Court Palen Desert 776-4103 Received at Planning Commission meeting iI1ein O Date: '%'/ICase No,PPar- 63 0�s From: VDJkw soh The PD Planning Commission Fran Volker Niewisch CO [Click here and type name] Data: 12/2/2008 Re: Case No.CUP/PP 08-263 Timeline of Phase 1 Through 4 estimate Phase 3 Entry Complex Ecology: Bus Idling technical and bus users justification Noise Abatement and Regulations Times and decibels for Music and fireworks events PM Leaf blower use times in AM 4L. Fencing Specs fronting Portola 1 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, Kansas CASE NO(s): CUP/PP 08-263 DATE: January 6, 2008 EXECUTIVE SUMMARY: At its December 2, 2008 Planning Commission meeting, staff presented a report and findings regarding a request to revise the original Living Desert plan with a project in four phases. Some of the proposed various new exhibits for the 6.5 acre project included a lion exhibit and future special events building. After listening to testimony from the public attending the December 2, 2008 meeting, the Planning Commission continued decisive action for CUP/PP 08-263 to the January 6, 2008 meeting. The continuance would provide staff and the Staff Report Case No.s CUP/PP 08-263 January 6, 2008 Page 2 of 2 commission with sufficient background to address the individual public comments stated in opposition of the project. The project proponents, Terrie Correll, COO, The Living Desert, and Scott Ramser, AIA, WDM Architects, were unable to respond to the Commission's continued date until they checked their respective calendars the following day. As a result they were unable to express during said Planning Commission meeting that they were unavailable to attend the January 6, 2008 meeting. II. CONCLUSION: After careful examination of the project issues raised by neighbors at the December 2, 2008 hearing, and reflecting on the optimum dates for each of the applicants and their respective schedules; the Living Desert proponents have respectfully requested that the meeting be continued to the February 17, 2008 Planning Commission hearing. III. RECOMMENDATION: That the Planning Commission continue the public hearing to the February 17, 2009 Planning Commission meeting. IV. ATTACHMENTS: A. DRAFT Minutes of the December 2, 2008 Planning Commission meeting Submitted by: Department Head: 6cot-' Renee Sch ad r Lauri Alaian Associate Planner Director of Community Development Approval: 411111,.. Homer Croy ACM for Dev: op. ent Services The Living Desert—A Brief History For almost four decades The Living Desert has been engaged in the important work of preserving, conserving and interpreting the desert and all its varied plant and animal life. Even as we take immense pride in our accomplishments over the last 38 years, we remain as dedicated as ever to the goals that initially inspired us when we first began operations in March of 1970. Since then we have achieved many critical goals. • We established an organization with a strong governing body and support from the community. • Expanded the grounds from 360 acres to 1200 acres. 1000 acres remain in their natural state. • In 1972 an administration building and a gift shop/theater were dedicated.We received our first animal, a kit fox, and initiated the first evening programs and summer field trips for students.With the help of the Boy Scouts, three miles of nature trails were cleared and a trail guide was published. • 1973 marked the construction of trailside exhibits and the refinement of the nature system and trail guide. A desert oasis was created, along with a bighorn sheep enclosure and small animal exhibits featuring burrowing owls, lizards and tortoises. • During the next six years an admissions building and a small mammal/reptile building were added. A series of gardens depicting desert regions of North America were constructed, and a plant nursery, a propagation center and aviaries were built. • A walk-through aviary for native bird species was completed in 1979, with a surrounding oasis including a Desert Pupfish pond and a stand of native California fan palms. An animal care center was completed for the growing animal collection as well as injured and orphaned native species. • Throughout the 1970s we continued to expand education programs, art classes, lectures and field trips. • By 1980, we employed twelve full time staff. During this decade we continued the expansion of animal exhibits and gardens, plus more activities and special events, bringing more visitors and new members. A community recycling center was started. • In 1980 the Board of Trustees appointed a long-range planning committee charged with studying facilities, programs, projects and funds necessary to our successful future. • In 1981-82 conservation and preservation projects for endangered species were expanded.The Living Desert began its first international involvement in the effort to save threatened and endangered species by accepting five slender-horned gazelles from the San Diego Wild Animal Park. • The Living Desert achieved accreditation from the American Zoo and Aquarium Association in 1983. • During the 1980s we saw record attendance and increased membership. Conservation projects in both Garden and Animal departments and strong media exposure were notable.We expanded our participation in the AZA's SSP programs, and participated in the reintroduction of peninsular bighorn sheep to our local mountains, as well as returning Arabian oryx to Oman. • As a result of the long-range planning committee's efforts, a Master Plan through the year 2000 was initiated in 1986. • A new Education Center was completed in 1988, allowing for expansion of educational programming both on and off site. The new Discovery Room allowed parents and children an opportunity to explore the natural world in an interactive way. • The Living Desert was accepted in 1989 as a member of the World Association of Zoos and Aquariums. • During the 1989-90 season $1.5 million was raised for a proposed Eagle Canyon exhibit. Our operating budget exceeded one million dollars for the first time. The endangered Grevy's Zebra exhibit opened and the first Earth Day celebration was held, which as become an annual event. • In 1990-91 we began the Eagle Canyon project, our largest capital project at that time. We also began planting the new East African garden, and started planning for a new admissions kiosk. • During 1991-92 we began construction of the Palms of the World garden. Staff increased to 50, and new administrative offices were located to temporary modular buildings. The Living Desert was host to an international conference on desert antelope. • 1992-93 was a year of record attendance as Eagle Canyon opened, home to mountain lions, Mexican wolves,javelinas, bobcats, badgers and many birds. More than 90,000 guests visited during the opening three months of this exhibit. • Significant highlights of the 1993-94 season were the opening of a new Meerkat Café, and the launch of an annual holiday light show. The operating budget exceeded $2 million, and an animal enrichment program was developed. • 1994-95 marked the 25th anniversary of The Living Desert.We opened addax antelope, cinereous vulture and Waldraap ibis exhibits. • During 1996 we completed a wildlife programs compound and amphitheater for a twice- daily Wild Wonders show as well as our cheetah exhibit. • In 1996-96 plans were continued for development during the next quarter century. A six- year strategic plan of growth was developed along with a major effort to expand the endowment fund. The warthog exhibit opened. • 1997-98 was a year of record attendance. The Demonstration Garden was completed. • During 1998-99 we opened the Village WaTuTu which included a new café, gift shop, special events structure and new animal exhibits including striped hyenas, weaverbirds, camels, ankole cows, sheep and goats.We had the first successful births of Grevy's zebra. • A new veterinary hospital was begun in 1999-2000 and was completed in 2002. • A savanna exhibit housing reticulated giraffe and ostrich was completed in the fall of 2002. • Gecko Gulch, a children's play park and surrounding picnic area opened in November of 2003. • The new butterfly pavilion opened in the fall of 2005. • A new master plan was approved by the Board of Trustees in 2006. • In the summer of 2007 the orientation room at Eagle Canyon was renovated for our new exhibit, Amazing Amphibians: Frogs on the Edge!which opened in the fall of 2007.This exhibit is dedicated to raising the public's awareness about the endangerment of the world's amphibians. • The new Stephen B. Chase Administration Building was completed in the spring of 2008. • Currently, fundraising is underway for our new Children's Discovery Center and Lion Ridge. Both projects are expected to start construction in 2009-10. The Living Desert Facility Use Approval Request Type of Event: Day of the Week: Date: Start Time: End Time: Min: Max: Area/Facility Requested: Prepared by: Applicant/Company: Contact: Group/Client: Address: City, State, Zip: Phone: Fax: Email Address: _Status of Request: (Mark an X in the appropriate box) Hold space pending client confirmation and give right of first refusal should another request come in. This is a firm booking if the facility use is approved and a contract will be issued. Date of Request: Date Confirmed: Attending Living Desert Staff: Comments: Setup Requirements: (Tables, chairs, etc.) Do not write below this line. _Approval: Today's Date: Approved By: _Copies to: Master Calendar Date: Parties Date: Education Calendar Date: Groups Date: Facilities Date: Events Date: The Living Desert Facility Use Approval Request Type of Event: Commitment Ceremony Celebration Day of the Week: Saturday Date: March 21, 2009 Start Time: 5:30 p.m. End Time: 8:30 p.m. Min: 18 Max: 20 Area/Facility Requested: DC House Prepared by: Franchesca _ Applicant/Company: Contact: __ Group/Client: Address: City, State, Zip: Oyster yule, WA 98641 Phone: Cell: Email Address: Status of Re•uest: (Mark an X in the appropriate box) Hold space pending client confirmation and give right of first refusal should another request come in. This is a firm booking if the facility use is approved and a contract will be issued. Date of Request: 12/30/08 Date Confirmed: Attending Living Desert Staff: FF — I will not be available to assist with Meet and Greet Event at Tennity Board Room. Comments: Two trams, followed by plated dinner from Westwood. No bar, no wedding cake—just nice dessert. Wants to give guests choice of fish or beef. Setup Requirements: As is, but with mini lights outside on. (Tables, chairs, etc.) Do not write below this line. Approval: —, Today's Date: / > 0 / Approved By: • Copies to: r� ,/ Master Calendar Date: Ga- - 5 /Parties Date: 30 -zi / Education Calendar Date: / Groups _ Date: ,-��" Facilities Date: ,� Events Date: THE LIVING DESERT Facility Rental Agreement 1. Use of Premises • The Undersigned on behalf of Client hereby agrees to rent from The Living Desert, a California non-profit corporation, such facilities and services as listed herein.The Living Desert agrees to grant Applicant limited use of The Living Desert grounds. Use is restricted to agreed upon area, and access to grounds is not available. Said premises shall be available for occupancy from agreed upon time, and not continue beyond specified time in contract without permission of The Living Desert. Ending time for event is midnight. Outside rentals and/or equipment must be removed by 2:00 a.m. unless other arrangements have been made. Use of the facility for storage or breakdown the following day may be subject to a usage fee up to the full rental amount.Security charges will apply for daytime events if rentals and/or equipment are not removed by 5:00 pm.The Living Desert is not responsible for items left on its premises whether they belong to the Client or a vendor/supplier with whom the Client has contracted for rental equipment. Client may have access in parking lot; however,The Living Desert is not obligated to furnish parking to Client. 2. Condition of Use The primary business of The Living Desert is operation of the zoo and gardens. Our primary concern is the safety and well being of the animals and people at The Living Desert, and the preservation of our botanical collection.To support these concerns and to insure the safety of the Client,The Living Desert has the right to terminate, move the location of the event, and/or change or terminate aspects of our animal programming for the event. If the Client causes termination, then the Client will not be entitled to any reimbursements of payments made. If the Client does not cause termination,then all payments made by the Client will be refunded in full. 3. Fees Client agrees to pay all suggested fees and possible fees identified in the contract. Applicant further agrees and understands that they are responsible for repair and/or replacement of damage to premises, fixtures, appliances, or landscaping resulting from the use of said premises. 4. Payment/Deposit A$500 non-refundable deposit is required to reserve a facility at The Living Desert and will be applied to the final bill. One-half of the total fees for facility rental shall be due a minimum of thirty (30) days prior to the event. Lack of receipt of deposit required, as set forth in this contract,will be grounds for cancellation of said event. Upon receipt of the partial payment, all prices and offerings are confirmed.The remainder of the unpaid balance is due (5) working days prior to the event date unless other arrangements have been made. 5. Cancellation Policy The$500 deposit required to reserve a facility at The Living Desert is non-refundable, but transferable for one calendar year from the originally scheduled event date. If Client cancels prior to (30) days of the reserved date, any fees paid other than $500 deposit may be refunded, less any portion spent on behalf of Client request (i.e. out-out-pocket expenses such as scheduled labor or rented equipment). If the cancellation occurs less than twenty-nine days (29), any fees paid shall not be refunded, but are transferable for one calendar year from originally scheduled event date. 6. Indemnity Clause Client shall indemnify and hold The Living Desert harmless from any claim, liability, loss, damage, cost, expense, including reasonable attorneys' fees,award, fine or judgment with respect to, or arising out of,the use of the facilities.This includes,without limitation, any such claims, liability, loss, damage, cost, expense, award, fine or judgment arising by reason of death or bodily injury to persons, injury to property arising by reason of client's alleged or actual negligent act, regardless of whether such act is active or passive. Client shall not be obligated to indemnify The Living Desert with respect to the sole negligence or willful misconduct of The Living Desert, its agents, servants, or employees who are directly responsible to contractor. 7. Decorations/Theming/Entertainment All decorations, theming and entertainment must be approved by The Living Desert representatives at least fourteen (14) days prior to the event.The Living Desert reserves the right to refuse any decoration, theming or entertainment that may be considered a human health or safety problem, cause damage to our property or harm or harass the animals in our collection. No balloons, confetti, rice, or fireworks are allowed. The noise level of the proposed entertainment must be approved appropriate to the location by The Living Desert representative. No open flames are allowed, but votive candle lights and enclosed candles are acceptable for use. 8. Graphics& Publicity All invitation copy, pamphlets, flyers, e-vites and related publicity must be submitted to the Facility Rental and Marketing departments for approval at least (30) days prior to the event. The Living Desert will provide camera-ready or web sufficient art upon request. 9. Audio/Visual Client shall only use devices or instruments operated by and/or approved by The Living Desert. This includes all sound systems, video and digital cameras, digital projectors, loudspeakers, live feeds, broadcasts, excessively bright or flashing light devices, or effects of which shall be audible or visible beyond the confines of the premises which may be reasonably considered disruptive to The Living Desert or its neighbors. 10. Catering &Alcoholic Beverages All catering will be provided by The Living Desert. Outside caterers may only be permitted should the caterer be approved by The Living Desert, and agree to pay The Living Desert$10.00 per guest for"kitchen and facility use fee." The Client will not sell or serve any food or beverages at the facility or allow any food or beverages to be brought into the facility without prior consent of The Living Desert. All beverage service will be provided by The Living Desert and is subject to the regulations of the Alcoholic Beverage Control Board of California.The Living Desert reserves the right to refuse service to anyone. Consumption of all alcoholic beverages will be confined to the event area. Persons under 21 will not be served. If consumption appears to be excessive, that Client will be given a courtesy notice. Failure to control the situation will result in immediate cessation of bar services, but all bar guarantees and labor charges will be invoiced. 11.Applicant's Conduct Client shall not use, or permit on the premises, anything that may be dangerous to life or limb. Client, its offices, agents, employees, invitees, representatives, and/or guest, as well as any other persons that may enter,shall not deface or injure the premises or any part thereof, or do anything or permit anything to be done on the premises which shall create a nuisance or which shall injure the reputation of The Living Desert. Client shall observe all rules, regulations, codes, and ordinances established by the United States Government and the State of California. 12. Right of Access A Living Desert representative may enter the premises at any time during the event and observe the Client's actions. 13. Security&Safety Security is mandatory at all events, and is determined and scheduled solely by The Living Desert. For standard rentals, security is required from one hour prior to the arrival of the guests and until the Clients and all outside vendors have left the property. For events of over 250 guests,The Living Desert requires that Medical Assistance and Animal Emergency personnel be added to the security detail. Please sign and date this document and fax or email to The Living Desert at address listed below. Client Representative: Date: Living Desert Representative: Date: 47900 Portola Avenue • Palm Desert,CA 92260 Phone: (760) 346-5694• Fax: (760) 568-9685• E-mail:fforrer@livingdesert.org • Web site:www.livingdesert.org THE LIVING DESERT CALENDAR WEEK OF: September 29,2008 MONDAY Sept.29,2008 All Day Med Cart: Jeremy Konwiser(#2-19)/Terrie Berlin (#16-1) All Day EWT: Rick-L; Terrie-P; Brandon-S; Gilbert-V 7:00 Make-up Staff Meeting—Hoover Room 1:00 Vol.Training/Nature Walk.(35)—Hoover Room 5:00 CHP Dinner Party (50)—D. C. House TUESDAY Sept.30,2008 All Day Med Cart: Terrie Berlin(#16-1)/Jennifer Purcell(#32) All Day EWT: Liz-L;Bill-P;Jerry-S; Ted-V 9:00 Vol.Training/Meet n Greet(35)—Hoover Room WEDNESDAY Oct. 1,2008 All Day Med Cart: Terrie Berlin(#16-1)/Jane Twedt(#15-4) All Day EWT: Liz-L;Bobby-P;Brandon-S,Ted-V 10:00 CHP(30)—Self Guided Group Tour THURSDAY Oct.2,2008 All Day Med Cart: Terrie Berlin(#16-1)/Christine Janson(#54) All Day EWT: Liz-L;Marcos-P;Jerry-S,Ted-V 9:00 Travelsphere(30)—Self Guided Group Tour 9:00 Vol. Orientation(35)—Hoover Room 10:30 Operation's Meeting—Powell Conference Room FRIDAY Oct.3,2008 All Day Med Cart: Jeremy Konwiser(#2-19)/Mark Engle(#18) All Day EWT: Rick-L;Jerry-P; Brandon-S,Manuel-V 9:00 Travelsphere (30)—Self Guided Group Tour 9:00 Mt. SAC (20)—Self Guided Group Tour SATURDAY Oct.4,2008 All Day Med Cart:Jeremy Konwiser(#2-19)/Brandon Garcia (#16-5) All Day EWT: Jerry-L;Brandon-P; Bobby-S,Manuel-V 9:00 Vol.Training/ZooTeen(35)—Hoover Room 9:30 Watase Family Group (22)—Guided Group Tour w/trams 12:00 ZooTeen Monthly Meeting(25)—Lower McManus SUNDAY Oct.5,2008 All Day Med Cart: Terrie Berlin(#16-1)/Brandon Garcia(#16-5) All Day EWT: Jeremy-L; Bobby-P; Brandon-S,Manuel-V 9:00 Thomas Cook Tours (35)—Self Guided Group Tour 9:30 Dibello Birthday Party(15)—Hospital Reception Garden 1:00 Vol.Training/ZooTeen(35)—Hoover Room WEEKEND CURATOR: Saturday: Jane Twedt (Radio#15-4) Sunday: Liz Hile (Radio#20) SHUTTLE: Tickets purchased at Admissions or from Drivers Daily: 9:30am—4:30pm (running every 15 minutes) DISCOVERY ROOM: Daily 10:00am—4:00pm. DAILY PROGRAMMING: Schedules at Admissions 12/30/2008 EWT: L=Leader;P=Primary; S =Secondary; V=Van Driver School/Children Tours: C=Children;A=Adult;P=Picnic on Grounds Group Tour Package=Admissions,Shuttle or Guide,&Lunch 12/30/2008 THE LIVING DESERT CALENDAR WEEK OF: October 6,2008 MONDAY Oct.6,2008 All Day Med Cart: Jeremy Konwiser(#2-19)/Terrie Berlin (#16-1) All Day EWT: Bill-L; Terrie-P; Brandon-S; Gilbert-V 9:00 Mom's by Design (15)—Self Guided Group Tour 6:30 CTTC Meeting—Hoover Room TUESDAY Oct.7,2008 All Day Med Cart: Terrie Berlin (#16-1)/Christine Janson (#54) All Day EWT: Liz-L; Jerry-P;Rick-S; Ted-V 9:00 BBLT—Education Center 9:30 Desert ARC (9C-3A)—Self Guided Youth Tour 2:00 Finance Committee Meeting—Powell Conference Room 3:00 Executive Committee Meeting—Powell Conference Room WEDNESDAY Oct.8,2008 All Day Med Cart: Terrie Berlin(#16-1)/Jane Twedt(#15-4) All Day EWT: Liz-L; Brandon-P; Bobby-S,Ted-V 1:00 Vol.Training/Giraffe(35)—Hoover Room 3:00 Flemming Tours(37)—Guided Group Tour w/trams 6:00 Desert Horticulture Meeting—Lower McManus THURSDAY Oct.9,2008 All Day Med Cart: Terrie Berlin(#16-1)/Rick Uyemura (#97) All Day EWT: Liz-L;Jeremy-P; Marcos-S,Ted-V 9:30 AEM (10)—Guided Group Tour 1:00 Vol.Training/Hospital (35)—Hoover Room 2:00 AAZK Board Meeting—McCallum Room 2:00 Manager's Meeting—Lower McManus 4:30 Coleman Savannah at Sundown (25)—Giraffe Pavilion&Tour FRIDAY Oct. 10,2008 All Day Med Cart: Jeremy Konwiser(#2-19)/Jennifer Purcell (#32) All Day EWT: Rick-L;Jerry-P;Marcos-S,Manuel-V 8:30 Destination Incentive FAM(10)—Guided Group Tour 9:00 Travelsphere(30)—Self Guided Group Tour 9:30 AEM(12)—Guided Group Tour 12:00 Board of Trustees Meeting—Tennity Board Room 4:00 Coleman Wedding&Reception(150)—Tennity Amphitheater&Palm Garden Patio SATURDAY Oct. 11,2008 All Day Med Cart: Jeremy Konwiser(#2-19)/Brandon Garcia (#16-5) All Day EWT: Jerry-L; Brandon-P; Bobby-S,Manuel-V 10:00 Kitagawa Birthday Party (20)—Birthday Boma 2:00 Vigue Birthday Party—(17)Birthday Boma 12/30/2008 SUNDAY Oct. 12,2008 All Day Med Cart: Terrie Berlin(#16-1)/Brandon Garcia(#16-5) All Day EWT: Jeremy-L;Bobby-P;Brandon-S,Manuel-V 9:00 Travelsphere(30)—Self Guided Group Tour 9:00 Thomas Cook Tours(35)—Self Guided Group Tour WEEKEND CURATOR: Saturday: Franchesca Forrer (Radio#15-6) Sunday: Franchesca Forrer (Radio#15-6) SHUTTLE: Tickets purchased at Admissions or from Drivers Daily: 9:30am—4:30pm (running every 15 minutes) DISCOVERY ROOM: Daily 10:00am—4:00pm. 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CD a w tC CD CD AD CD CD a k AD AD AD AD P AD AD V) Cn V) C) V) Cn Cn n v) Cn Cn Cn v) n (/) CA CA n v) Cn C t Ct m O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 CD 0 0 0 0 0 0 0 0 td td CO td CO td CO td td td td td td to bd td Ltd w td td td CO 5) 5) 5) 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 1 o z N N - . - r-' N N . . - - N - N -' r-. r-, r- o-+ N CA co12 `o AD D '-t co. AD AD 0 4 v CD C4 rd `C C "'t n 0 CD n CD CD0O n CA 0 CD AD CD CD 77' r-' 0 1--, N r-, I-, r-, — N N 1 r-, 1-+ r-, F-+ 1--' N — r-, r-, 1-, r'' I4t L Y � o rn o� o� d o o c\ \ ,.� 0 0 C C C21 00 00 00 00 1..3 V) Z1 7 y o C O n d cn 5 ICI nz o r Ui p N lit 1111) 0-3 0 CD 5 6 ,. n (t 0 00 0 CD O s. 407. r - - � Il G� N J at Schrader, Renee From: Andrew Shouse [ASHOUSE@riversidesheriff.org] Sent: Tuesday, January 06, 2009 10:47 AM To: Schrader, Renee Subject: Living Desert Calls for Service Report Good morning, I ran the address to the Living Desert (47900 Portola Ave.) in our database. The following is what I discovered: 1. There were 83 calls for service generated at the address (47900 Portola) between 1/1/05 and 12/31/08. 2. None of the calls were for noise complaints. 3. The types of calls were 1) assist to Fire department, 2) vehicle burglaries, 3) 911 hang- up calls from a pay phone(s), 4) lost property reports, 5) alarms, 6) petty thefts, etc. If a citizen called our dispatch complaining of noise at the Living Desert but providing a different or incorrect address during that time those calls were not captured in this search. It is unknown how many of those types of calls were generated, if any. Anecdotally, I am unfamiliar with the Living Desert ever being a source of complaints regarding noise. I hope this is helpful. Andy Lieutenant Andrew Shouse Riverside County Sheriff's Department Palm Desert Station (760) 836-1615 - Desk (760) 578-4705 - Cell (760) 836-1616 - Fax ashousePriversidesheriff.org 1 C x z z n U) OH yron nmm H H 0 > C > �)Or UW ✓y HidU O tr) H U m CLo0C U 'i m HOU) C H H M U) xo i U) )n tii H0U o n > omo t)m m> H U U) H U U Oy' UHH 0y;U H H H J' UJ'O A C m '< 'T)3 U) O z C H m O , zU U z U) > to x m ro to m n m 3 UHo>i =.U)H •• U) HOmU tr tNN m r ' x (D 3O- •• HO HCrn<XXH ✓y H Fi OO zz rHHOU)Oy ,C z UrA m rznrxUx ) > 0 Ui n r HU) U) U)oHU) U) U) c m o • to pA •A x H xO OHzxnr U < U) a) fit) to C U)0 › Un r oo H x H y H H U H H r U) O)ODU , 0 H wH o o U z 'U) H Z M U r U) \ r 0 O z M O M 'C C n y n a) io Uo Uo U) UU) ✓y rctricU) H n H 0 io Uo Io U U ) ✓, m ✓y U) x H > H U tv ) CU x HUUUH > o U) as m z ✓y H U) H H n H Ia z zO to z zU U)H P U) H ✓y ) yH z n nrH N m n .0 yn ro rOU) Qom mCz n U Hid Gl zr rU)O n) o m U hi O m mm r m H H H HO OM U7 z m x U0.m O ncn HC HHH H MC C o U › H-m'0 ✓yU) 'd U) H 0 U) z` H iU r Hm rm HZH H HH ✓y z U] U 0 U) H HMS Fi HHro MO ) U) r m U) H r U �' C H H-A) O n H >C H >C >C U) U > z t1P rrzrH HH HHH U O H n •• "C O •• U)0 .. .. .• z C dd H U) H-rrFi mz H in ) m 0 0 -' H U U) z nuaH m O 0 H z H H n C H H-m ) H HHH U) U)cr H-m di ) ) H U cr 0 co 0 HHH ✓y H H H z H mH rhC U) m mm til U H m to• O� 0 H U) UJ U] C H A U) MO m m UP) H- z U UU U) 0 WC ✓ X 0 U HrrO 0 x • 00 '7n z U) (DOH m $ H A U U) C' n • m m H z n U A\ x) U H U '00 U7 id U) O �A H H z U H h i 0' to m r r DI H-N H U o C U) n tri O H UU "UU IC \ Url UUJ)n H. n co'0'0 H O 0 H tx La+) ~ > C WW H H 3 3 > U UJ CU) F-'Fi U U H N. r r 0 m U) H Xx 'C) HO U) U) m o Cl) td H • rr O O H H v x trim h i 0' • U U) U) U) id H O m AMU U VI 0 O CO IOz to C • r Io'C m m o to o H- O .A IA ti O U) IP a m O it) H H H 0 00 P) m o O r oU) p. \ \ H H H wH C G 10 io U) AA z U) O m'O Uo Uo U a) �,, z m 1-10 rr H w w Pi Z H- �� 0 H m P) w 10 10 z H-O m 1w H U �� 0 n 3 m ui U > U) H m m ✓7 Uo r U) H a, H C C n Cr) m H r H 0 0 C > > Z U UU m m to m to 0 0 ro m z z n U U m H H H H H 0 AA z AZ 'A 'A z P Pi \r ��r U) H n H U) H H U) Cl) to 0 WI{ w W'C C 3 \ \\ 10 U Uo LOW Uo r V) Uo Uo H H Z 0 H H to > C z H m H U m z H a,U7 H H C w Cl) 10 U 'CI VD > H 0 .A U) - 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F-'C �- H H ) co 0 Un Ui n (Dznn U) rr Di H3 U)> 1-0 O O 0 H 0 3 0 0 to z to 0• W tt" C O H o 0 o m n tri (n a U] td H crrrr" H 0 0 OJm H Ha d rt U O 0 On Pi P) CI) a, w k cfH-ro z CD 0(0 (D 0 (D H (7 R.rR Fig Cn oro H-N C 0 0 OF0Oio r o O 1-tcr H r H a, H O (D O ) H H H ) w m 1-0 0w 0 J '-\ C z r-(D a U) N N H rr Fi (D 0 .0.0 z z (D rr O 0 H • << rr 0 o o 01 z H m (0 r 1 H U U] n 3 U] co 0 co M n p,£ to m Uro C U > C Nrr co H C)] H H-n a 0 CD 0 n U n En mmO m o (.a9 H. m CD • xw z H U a(D Cr) Cr) U) o ro z CI n '=i H H 0 H H H H Z 'U N N N Di 01 U)ID ID ID t< \\ -\ O O 0 O wwww H tri oH z H H r z H to H PI U) 3 H > H N C l0 U] o t7 ro w y H 0 . • H [+7 [�7 H H H 0 O 3 Cn H 11 Feb 2009 Honorable City of Palm Desert Planning Commission Members Subject: Proposed 4 phase construction project at The Living Desert The Living Desert is a world class zoo and botanical garden with missions that emphasize conservation, education and preservation of our wildlife and natural resources. In order to carry out those missions The Living Desert must be open to public access which involves buses as well as private vehicles. These buses bring school children from public and private schools in the Coachella Valley and as far away as Ontario, Calif. In addition private tours are conducted for adults and children for the purpose of teaching conservation and preservation. The proposed construction project would enhance the missions mentioned above and allow The Living Desert do a better job of educating the public. Because it is a nonprofit organization TLD must host various fund raising events and they obviously must be held in the evening when The Living Desert is closed. Sometimes these events have music which can be heard outside the property. As I read the transcripts of the 2 Dec 08 Planning Commission meeting my neighbors raised objections to the noise and fumes of the buses and to noise from the events. I live a few yards up the street from those neighbors and I have never heard or smelled the buses. In addition I am a Meet and Greet docent at TLD and in that role I meet virtually every guest that comes in the gate. I have done this for five years, 12 months a year, and not once has a guest complained about the buses and they walk right by them. On occasion I have heard music from the events but it is never overly loud and it is always turned off by 9PM. . p All three of the neighbors previously mentioned have property either bordering on or very close to Portola. This is a major artery in Palm Desert with access to highway 74. If traffic noise is a problem why live on or very close to a major street? My wife and I moved to Corsican Villas to get away from traffic noise and we still marvel at how quiet it is, particularly at night. This due in large part to having over 1600 acres next door with approximately 200 acres in a park-like setting and the rest wilderness. One complaint mentioned declining property values due to TLD. This is nonsense. When my wife and I moved to Corsican Villas, it's proximity to TLD was used as a selling point and why are two of our most exclusive developments, Vintage and The Reserve, sharing borders with The Living Desert if proximity to The Living Desert has had a negative effect on property values? Sincerely, Thomas R. Tefft 47719 Date Palm Ct Palm Desert, CA 92260 760 346 1619 Schrader, Renee From: JEsholl@aol.com Sent: Wednesday, February 11, 2009 12:22 PM To: Schrader, Renee Subject: Living Desert Lion Project Dear Ms. Schrader: We are long-time residents of Palm Desert and Volunteers at The Living Desert. Please support the Lion project currently being considered at The Living Desert. As Volunteers we can assure you that visitors, from around the world, tell us daily how much they enjoyed their visit to The Living. People of this valley understand what a beautiful attraction and community asset we have in The Living Desert. We personally believe that The Living Desert would not offer any new project that was not environmentally sound, attractive, or posed a threat to the surrounding community. Please support us. Respectfully, Jack and Joan Sholl Palm Desert The year's hottest artists on the red carpet at the Grammy Awards. AOL Music takes you there. 1 Schrader, Renee From: stangarnett[sgarnett3@verizon.net] Sent: Wednesday, February 11, 2009 3:38 PM To: Schrader, Renee Subject: Lion Compound at the Living Desert As a citizen of Palm Desert I would like to request that the planning commission approve the building of the Lion compound. The addition of this will enhance the viewing of the "Africa" area that we take the children on tour each weekday. It will not increase any additional buses and noise for our neighbors in the area. Stan Garnett , Docent Harriette Garnett, volunteer 41860 Jones Dr. Palm Desert, 92211 1 MITIGATION MONITORING AND REPORTING PROGRAM FOR CUP/PP 08-263 THE LIVING DESERT This Mitigation Monitoring and Reporting Program (MMRP) has been prepared pursuant to Public Resources Code Section 21081.6, which requires adoption of a MMRP for projects in which the Lead Agency has indentified mitigation measures to avoid those "less than significant" environmental impacts detailed in the Initial Study. The City of Palm Desert (City) is the lead agency for the proposed Living Desert expansion project and is, therefore, responsible for administering and implementing the MMRP. The primary purpose of the MMRP is to ensure that the mitigation measures identified in the Mitigated Negative Declaration and any subsequent changes in the mitigation measures included in this document are implemented, thereby minimizing identified environmental effects. The MMRP for The Living Desert would be in place throughout all phases of the project, including during design (pre-construction), construction, and operations (post- construction both prior to and post-occupancy). The Department of Community Development shall be responsible for administering the MMRP activities via staff, other City departments (e.g., Department of Building and Safety, Department of Public Works, etc.), consultants, and contractors. Furthermore, the Community Development Department will also ensure that monitoring is documented through reports and permits paid to the city, and that deficiencies are promptly corrected. The designated environmental monitor (e.g., City building inspector, project contractor, certified professionals, etc., depending on the provisions specified below) will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to remedy problems. Included in this Monitoring Plan are the mitigation measures cited in The Living Desert Initial Study. The Initial Study prepared for the December 2, 2008 Planning Commission meeting details the category or environmental topic (e.g., air quality, biology, etc.), for which a "less than significant impact" needing mitigation has been identified. The following list identifies the responsible agency and the chronology of methods for the monitoring: • The enforcement agency; • The monitoring agency; • The monitoring phase (i.e., the phase of the project during which the measure should be monitored); o Pre-construction o Construction* * For the purposes of this document, construction is defined as grading, excavation, framing, siding, roofing, landscaping, installation of doors and windows, and any interior work that utilizes pneumatic tools or compressors that would be located outside the proposed expansion project. City of Palm Desert The Living Desert CUP/PP 08-263 Page 1 Mitigation Monitoring Reporting Plan February 2009 o Post-construction (prior to and post-occupancy) • The monitoring frequency; and • The action indicating compliance with the mitigation measure(s). A. AIR QUALITY Mitigation Measure III. (c,d): Water three times daily or apply non-toxic soil stabilizers, according to manufacturers' specifications, as needed to reduce off-site transport of fugitive dust from all unpaved staging areas and unpaved road surfaces. Additionally, install AQMD approved track-out prevention devices for construction vehicles leaving the project site. Enforcement Agency: City of Palm Desert, Department of Public Works Monitoring Agency: City of Palm Desert, Department of Public Works Monitoring Phase: Construction Monitoring Frequency: Throughout construction during field inspection. Action Indicating Compliance with Mitigation Measure(s): Quarterly compliance certification report submitted by project contractor. Mitigation Measure HI. (c,d): All private streets shall be swept as needed during construction, but not more frequently than hourly, if visible soil material has been carried onto adjacent paved roads. Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: City of Palm Desert, Department of Public Works Monitoring Phase: Construction Monitoring Frequency: Throughout construction during field inspection Action Indicating Compliance with Mitigation Measure(s): Quarterly compliance certification report submitted by project contractor. Mitigation Measure III. (c, d): Construction equipment shall be visually inspected prior to leaving the site and loose dirt shall be washed off with wheel washers as necessary. City of Palm Desert The Living Desert CUP/PP 08-263 Page 2 41111111111111111111111, Mitigation Monitoring Reporting Plan February 2009 Enforcement Agency: City of Palm Desert, Department of Public Works Monitoring Agency: City of Palm Desert, Department of Public Works Monitoring Phase: Construction Monitoring Frequency: Throughout construction during field inspection Action Indicating Compliance with Mitigation Measure(s): Quarterly compliance certification report submitted by project contractor. Mitigation Measure III. (c, d): All construction equipment shall be properly tuned and maintained in accordance with manufacturer's specifications. Enforcement Agency: City of Palm Desert, Department of Building and Safety Monitoring Agency: City of Palm Desert, Department of Building and Safety Monitoring Phase: Construction Monitoring Frequency: Throughout construction during field inspection. Action Indicating Compliance with Mitigation Measure(s): Quarterly compliance certification report submitted by project contractor. Mitigation Measure III. (c, d): General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. During construction, trucks and vehicles in loading and unloading queues shall have their engines turned off when not in use, to reduce vehicle emissions. Construction activities should be phased and scheduled to avoid emissions peaks and discontinued during second-stage smog alerts. Enforcement Agency: South Coast Air Quality Management District Monitoring Agency: City of Palm Desert, Department of Building and Safety Monitoring Phase: Construction Monitoring Frequency: Throughout construction during field inspection City of Palm Desert The Living Desert CUP/PP 08-263 Page 3 Mitigation Monitoring Reporting Plan February 2009 Action Indicating Compliance with Mitigation Measure(s): Quarterly compliance certification report submitted by project contractor. B. BIOLOGICAL RESOURCES Mitigation measure IV. (a, e): 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. Enforcement Agency: US Fish and Wildlife Service, and California Dept of Fish and Game Monitoring Agency: City of Palm Desert, Department of Building and Safety Monitoring Phase: Fees collected at grading permit stage Monitoring Frequency: Pre-construction and Post-construction Action Indicating Compliance with Mitigation Measure(s): Approval by Department of Building and Safety; Issuance of a Certificate of Occupancy. 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. City of Palm Desert The Living Desert CUP/PP 08-263 Page 4 Mitigation Monitoring Reporting Plan February 2009 C. CULTURAL RESOURCES Mitigation Measure VI. (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. Enforcement Agency: City of Palm Desert, Appropriate Local Tribal Government Agency Monitoring Agency: City of Palm Desert, Department of Building and Safety Monitoring Phase: Excavation of each phase of the construction and grading permits. Monitoring Frequency: Continuous during grading operations. Action Indicating Compliance with Mitigation Measure(s): Approval by Department of Building and Safety; Issuance of a Certificate of Occupancy. City of Palm Desert The Living Desert CUP/PP 08-263 Page 5 Mitigation Monitoring Reporting Plan February 2009 D. GEOLOGY AND SOILS Mitigation Measure VI(a, h) : 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: 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. 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. Enforcement Agency: City of Palm Desert, Department of Community Development, and Department of Public Works. Monitoring Agency: City of Palm Desert, Department of Community Development Monitoring Phase: Pre-construction Monitoring Frequency: Prior to Project Approval Action Indicating Compliance with Mitigation Measure(s): Receipt/ Report of compliance by appropriate regulatory agency. E. NOISE Mitigation Measure XI. (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 being 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 City of Palm Desert The Living Desert CUP/PP 08-263 Page 6 Mitigation Monitoring Reporting Plan February 2009 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 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". In addition, Construction equipment shall be fitted with residential grade mufflers, where readily available in the construction equipment fleet that regularly serves the City of Palm Desert area. Prospective contractors shall demonstrate a good faith effort to locate such construction equipment for use throughout the duration of project construction. Construction activities shall be limited to between the hours of 6:00 A.M. and 7:00 P.M., Monday through Friday from July 1st through September 30th and between the hours of 7:00 A.M. and 6:30 P.M., Monday through Friday from October 1st through December 31 st. On Saturdays, construction activities shall be limited to between the hours of 8:00 A.M. and 5:00 P.M. No construction shall be allowed on Sundays, Federal holidays or during the January through June lambing season. Such limitation shall be placed as a condition on the grading permit in a manner meeting the approvals of the City Engineer and the Building Official. Engine idling from construction equipment such as bulldozers and haul trucks shall be limited, to the extent feasible. Enforcement Agency: City of Palm Desert, Department of Community Development Monitoring Agency: City of Palm Desert, Department of Community Development Monitoring Phase: Construction Monitoring Frequency: Periodic field inspections Action Indicating Compliance with Mitigation Measure(s): Periodic field inspection sign-off and quarterly compliance certification report by the applicant or contractor. City of Palm Desert The Living Desert CUP/PP 08-263 Page 7 Ay 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 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 Page3of9 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 & 11276.1) 5. Detectable warnings shall be provided where required per CBC 1133B.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 'h" 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 HUM DESERT • 73-510 FRED WARING DRIVE &444111[11PALM DESERT,CALIFORNIA 92260-2576 , TEL:760 346-0611 i. FAX:760 341-7098 :.�;' info@palm-descrc.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. 11:.ti . r :40 'kT(-_-1 �. C1.1- s'ia: ' rttw,�, t ,r z, 1lW , s :% s � ,, rarY+ss rr i Y �+4 .' s clr inn 4 °A «,y,,,y 'a . 1I—. r �\ ` \\s f i� 14 1 +1'' '! ' i i.:1 r ) ' ' I :GL,Lt qtY ' b, ., •, '1 f j rY` ' , ',.°11 i Ell ; �4lli r3,v y►< rtt'° ' .- ma Qf r AC MA ' ,0 , 'n i.11 ,I\ `'1 pia air R1� :. ', r ' 4.` ,•, 4 g .:Ptrzrliv Lt i: ', �tlI'I. 1t r1 !� j „��.- I - i i, „err ( i T if :. C, 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. El Aesthetics ❑ Agriculture Resources El Air Quality ❑ Biological Resources El Cultural Resources ❑ Geology/ Soils El Hazards & Hazardous ❑ Hydrology/Water ❑ Land Use / Planning Materials Quality El Population/ Housing El Mineral Resources El Noise ❑ Transportation /Traffic ❑ Public Services El 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. O 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. 0 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 p I. AESTHETICS —Would the project: a) Have a substantial adverse effect on a ❑ El El 121 scenic vista as identified in the City's General Plan? b) Substantially damage scenic resources, ❑ 0 0 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 ❑ El ❑ El 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, ❑ ❑ ❑ 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 p Incorporation III. AIR QUALITY—Would the project: a) Conflict with or obstruct implementation of ❑ ❑ ❑ IZI 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: ❑ ❑ ❑ 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#200305 1 1 03) 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 p Incorporation IV. BIOLOGICAL RESOURCES —Would the project: a) Have a substantial adverse effect, either ❑ ® ❑ El 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 ❑ ❑ ❑ 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 ❑ El ❑ IZ 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 El ❑ ❑ area as identified in the City's General Plan? b) Cause a substantial adverse change in the El ❑ ❑ significance of an archaeological resource pursuant to §15064.5 of CEQA? c) Cause a substantial adverse change in the El ❑ El significance of a historical resource as defined in §15064.5 of CEQA? d) Directly or indirectly destroy a unique ❑ ® El ❑ paleontological resource or site or unique geologic feature? e) Disturb any human remains, including ❑ ® El ❑ those interred outside of formal cemeteries? f) Other: ❑ ❑ El 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) El ® ❑ ❑ 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 ❑ 0 ❑ 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 ❑ ❑ ❑ El environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ❑ ❑ ❑ El environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous ❑ ❑ ❑ El 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 ❑ ❑ 0 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 ❑ 0 0 El 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 ❑ 0 0 El with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures to a significant risk ❑ 0 0 El 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: ❑ ❑ El 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 p Incorporation IX. LAND USE AND PLANNING —Would the project: a) Physically divide an established ❑ ❑ ❑ IZ 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 ❑ El ❑ IZ conservation plan or natural community conservation plan? d) Be developed within the Hillside ❑ ❑ ❑ IZI Management Overlay District? e) Be developed within a Fire Zone? ❑ ❑ ❑ IZI f) Be developed within any Airport Influence ❑ ❑ ❑ IZ 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 ❑ ❑ ❑ Eg 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 ❑ ❑ ❑ IZ 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: ❑ ❑ ❑ IZ 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 ❑ ❑ ❑ 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 ❑ ❑ ❑ 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 El El Police protection? ❑ ❑ ❑ Schools? El ❑ ❑ Parks or other recreational facilities? El ❑ El Other governmental services? ❑ ❑ ❑ b) Other: ❑ El El 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? ❑ ❑ ❑ g) Conflict with adopted policies, plans, or ❑ ❑ ❑ programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? h) Other: ❑ ❑ ❑ 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 ❑ ❑ ❑ 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 ❑ ❑ ❑ 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 ❑ ❑ ❑ 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 ❑ ❑ ❑ 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 ❑ ❑ ❑ 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 LIM M 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 <r ,.,fit =i E �,#; . . .,... ; .:� ata�,x, £ 4-1 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 htfO DESERT .• fi• 73-510 FRED WARING DRIVE f(g' I PALM DESERT, CALIFORNIA 92260-2578 , - TEL: 760 346-0611 • .- FAX: 760 341-7098 �:- :�:-:�• info@palm-desert.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. Mums ON unau PIM ARCHITECTURAL RE iEW 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 Staffs 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 Parr rgt,;ar,re J,,dy'Word ies'A Mr.tes'2GC8WRG81014.mm.doc Page 13 of 18 ARCHITECTURAL REC1 W 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. �''arrnr,Var,re:,,cy Word F es'AMIrutes\20C8'A.FC81014.nr .oc Page 14 of 18 I N D IAN , WELLS CAL,I FOR NIA 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 44-)50 Eldorado Drive / Indian Wells,California 92210-7497 /V(760)346-2489 / F(760)346-0407 / www.EndianWells.com LL._. �: b �. r IX l c o =i •_ ih vINe OAI1Va `1213saa Wnvd i Q d ,1 ,�¢ F4� 12i3S3a ONIAI1 3H1 , e r Z r WI' i -Amolowe. rt Li, L„', � � 014' 1 -)<''' 1 $ ,,-; <4 a ; e ,"r '1 if, '` 1,..1 r TG 7. i L� W ,r ; , y U tu 111 -`I *. J $1 7 p !, • " g p3 v cc Q ;lips ct 1.1' .VI'' g hill dill I" " !I 'Ili CL i,_j: i 1 °;i dal la i i _$ 0. Q I..I..I d Wain Z $o ght I= Jib to (CO ...... CO J — c. Q �F 6 g ry IJJT !_ CD Ii.::2 ...td.( MT,':t z w � oF- _ W �— z o �LL ...IW- f LI Ltr 0_ 1 it tly \U 1 g Zia w = v t :15,sbti3r >i I Z swxwwm2aa °,. 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' n xra ,A_ )�,`:.. ° „1, ). • s \\S1 * g ° > nx y + ♦ I # 1 !' ♦� 7 ♦ an A'4� 1 t o /ii • -•♦ r Mr ♦It ♦ram 2 .-cl f:r If'; oI•♦ qq t) r2o s� fiat ill > A, 3 ® xv_, q .�, 0 3 ♦ ♦$� I i i of EI �" • �' •f�:�..s. w a C1 f ti f. lws, • ,o „,. ii ,, , , '.> i n 'e �, 2' ©; (_ ro ° t „� ,. `", ‘ 3`„„ , 0 ..a,. ,.' , �tT n c. u \ i z` xk d,y +x+a ri P t: 4 , U - el:ry�h'1R' E.rm. , a r j",G , "" ,�3" w The Living Desert - Animals at The Living Desert Page 1 of 2 SEARCH ) + ya Pafro t i,rt'tactaart vi'e,t. Visitor Info exhibits Happenings Games/Kids ,... _ Nome About Us Events Calendar Animals at The Living Desert Fundraisers Conservation The Living Desert is one of the most successful zoological parks in the Education(Tours country and offers visitors the most complete introduction to the natural Photo Gallery desert. The organization is dedicated to preserving not only plant and animal life of deserts from around the world but also educating the public through Deserts interpretive exhibits, programs and publications. Enjoy your tour of the Plants animals found at The Living Desert. Animals Membership Mammals Birds Support the Zoo Gala Addax Abyssinian Ground Hornbill Volunteer African Wild (Hunting) Dog Acorn Woodpecker Private Parties American Badger American Wigeon Group Tours Amur Leopard Audubon's Caracara Ankole Cattle Barn Owl Espanol Antelope Squirrel Black-Crowned Night Heron Contact Us Arabian(Dromedary) Camel Black-vented (Wagler's) Oriole Arabian Oryx Black Vulture Arabian Wildcat Brewer's Blackbird Bat-Eared Fox Burrowing Owl Bighorn Sheep Cactus Wren Bobcat Cape Thick-Knee Cairo Spiny Mouse Cattle Egret California Myotis Bat Cinnamon Teal Caracal Common (Great) Egret Cheetah Common (Red-Shafted) Flicker Coati Curve-billed Thrasher Collared Peccary East African Crowned Crane Coyote Egyptian Goose Cuvier's Gazelle Eurasian Black Vulture Fennec Fox Ferruginous Hawk Grevy's Zebra Ferruginous Pygmy Owl Gunther's Dik Dik Fulvous Whistling Duck Jacob Sheep Gila Woodpecker Meerkat Golden-Breasted Starling Mexican Wolf Golden Eagle Mhorr Gazelle Grant's White-Faced Scops Owl Mountain Lion Great Horned Owl Naked Mole Rat Great Tailed Grackle Nigerian Dwarf Goat Green Heron Nubian Goat Green Jay Ocelot Harris's Hawk Reticulated Giraffe House Finch Round-tailed Ground Squirrel Kestrel (American) Pallid Bat Kori Bustards Rock Hyrax Long-Eared Owl Sand Cat Mourning Dove Serval Northern Mockingbird Sicilian Donkey Ostrich Slender-Horned Gazelle Peregrine Falcon Slender-Tailed Meerkat Phainopepla http://www.livingdesert.org/animals/default.asp 2/11/2009 The Living Desert- Animals at The Living Desert Page 2 of 2 Striped Hyena Pin-Tailed Whydah Swift Fox Prairie Falcon Warthog Racquet-Tailed Roller White-tailed Antelope Squirrel Raven Red Bellied Parrot Reptiles and Amphibians Red Bishop Red-Tailed Hawk African Spurrred Tortoise Screech Owl California Kingsnake Scrub Jay Dabb Spiny-Tailed Lizard Spur Winged Plover St. Helena (Common) Waxbill Desert Iguana Desert Pupfish Thick Billed Parrot Desert Rosy Boa Turkey Vulture Desert Tortoise Von der Decken's Hornbill Gila Monster Waldrapp (Hermit) Ibis Glossy Snake Western Turkey Vulture Leopard Tortoise White-bellied Bustard Mexican Milk Snake White-headed Buffalo Weaver Mojave Rattlesnake White winged Dove Painted Turtle Yellow-Billed Stork Red Diamond Rattlesnake Yellow-winged (Mexican) Cacique Red-Eared Slider Reeves Turtle Invertebrates Rosy Boa Sonoran Gopher Snake Black Widow Spider Southern Pacific Rattlesnake Butterflies at The Living Desert Star Tortoise Dragonflies at The Living Desert Western Banded Gecko Giant Hairy Desert Scorpion Western Diamond Rattlesnake Queen Butterfly Tarantula ~Q"beofWAZ" ©2004-2009 The Living Desert ASSOCIATION sneNrrwb,«. OF ZOOS[[1S�. PP dner.ae io.e. Photo Credits AGI JARLVM5QC i P 6♦ "-•"a0'-'� I • I http://www.livingdesert.org/animals/default.asp 2/11/2009 The Living Desert- District Commisioners House Page 1 of 2 717 Patin Desaert'Indian Wes a, t '' ,h . Catilonma Visitor Info Exhibits Happenings Games/kids Home About Us Calendar Private Parties Events DC House I Village WaTuTu I Hoover Education Center/Irvine Patio I Palm Garden I Wildlife Hospital Fundraisers Policies&Procedures I Facility Rental Agreement I Special Event Packages Conservation Education/Tours Go Wilda.. Photo Gallery ...with a private party at The Living Desert! Deserts Wants Experience a wild culinary adventure with a private party at The Animals Living Desert. Whether it's an intimate cocktail reception, a lively Membershipchildren's birthday, romantic wedding or a large corporate function, The Living Desert has the menu and venue for your special event. Support the Zoo With a newly expanded event planning department, affordable rates, Gala and remarkable indoor and outdoor settings, our zoo and gardens Volunteer can help you create the party of the year. Private Parties Group tours For special event prices and reservations, please call 760-346-5694, Espanol ext. 2681. Contact Us District Commissioner's House Located in our African Village WaTuTu, this extraordinary setting features east African antiques, a glass wall with intimate viewing of our Amur leopards, and can accommodate 45 seated and 55 standing. 1,033 square feet. African Village WaTuTu This remarkable 5-acre replica of a northern Kenyan Village offers an authentic African experience with mud-walled huts, thatched roofs, amazing wildlife, petting kraal, drumming station, and more. Ideal for corporate functions and private parties, the Village can accommodate 500 seated and 1,000 standing. Available evenings only. 5 acres. Palm Garden Patio Ideal for weddings, corporate dinners, and holiday parties, this lush desert garden setting was created specifically for special events and can accommodate 350 seated or 700 standing. 6,400 square feet with a 15'x 30' stage. Tennity Wildlife Hospital & Reception Garden Beautifully situated near our outdoor butterfly garden, this contemporary space features stunning architecture, tranquil desert garden, and outdoor foyer. Perfect for cocktail parties, the space can accommodate 40 seated and 100 standing. 900 square feet indoors plus outside garden foyer. Irvine Patio and Wortz Demonstration Garden Featured in Sunset magazine, this lovely area is perfect for small weddings, receptions, strolling dinners and cocktail parties. The Irvine Patio offers guests an elegant escape to the southwest with a beautifully shaded area that leads to the magical Wortz Demonstration Garden. The Patio can • accommodate 80 seated, and 200 standing, and the Garden can accommodate 40 seated and 100 standing. Evening events only. 3,744 http://www.livingdesert.org/private_parties/dinewiththeleopards.asp 2/11/2009 The Living Desert - District Commisioners House Page 2 of 2 square feet For affordable meeting or lecture space, please ask about the Hoover Center and Building. "'""b"'"r`"`"Z" ©2004-2009 The Living Desert ASSOCIATION mvwmaas«K., AGtOozoosc�. 3 a vlK.° s Photo Credits ,Fkat ••ea http://www.livingdesert.org/private jarties/dinewiththeleopards.asp 2/11/2009