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HomeMy WebLinkAboutRes No 2496PLANNING COMMISSION RESOLUTION NO. 2496 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. 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. PLANNING COMMISSION RESOLUTION NO. 2496 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. 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 2 PLANNING COMMISSION RESOLUTION NO. 2496 would not interfere with the orderly development of the vicinity as its boundaries are permanently defined. 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: R. CAMPBELL, S. CAMPBELL, LIMONT, SCHMIDT, TANNER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 3 VAN G. TANNER, Chairperson PLANNING COMMISSION RESOLUTION NO. 2496 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. 4 PLANNING COMMISSION RESOLUTION NO. 2496 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. 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. 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 staffs or the Planning Commission findings. 12. 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. 13. 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 PLANNING COMMISSION RESOLUTION NO. 2496 14. The applicant shall require a time limit for outdoor entertainment noise Sunday through Thursday of 9 PM and Friday and Saturday of 10 PM. 15. 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. No bus shall idle longer than 15 minutes". 16. 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 permits. 6 PLANNING COMMISSION RESOLUTION NO. 2496 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) 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 7 PLANNING COMMISSION RESOLUTION NO. 2496 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. 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 Tess 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 Desert Fire Marshall's Office. 8 PLANNING COMMISSION RESOLUTION NO. 2496 d. Thrust blocking prior to pouring. e. Hydro, 200 Ibs 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. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4" x 2 1" x 2 1", located not Tess 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. m. 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