PCRES 2004-052PLANNING COMMISSION RESOLUTION 2004-052
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
ADDITIONAL OUTDOOR STORAGE AREA TO THE HOME
DEPOT STORE
CASE NO.: CONDITIONAL USE PERMIT 96-028, AMENDMENT #1
APPLICANT: HOME DEPOT USA, INC.
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 13`h and 27`h days of July, 2004, hold a duly noticed Public
Hearings to consider the request of Home Depot to add 960 sq. ft. of outdoor
storage area to the west side of the building located at 79-900 Highway 111 in the
Regional Commercial Zone District within Specific Plan 96-027, more particularly
described as:
Assessor's Parcel Numbers: 649-020-032
Parcel 1 of Parcel Map 28469; Section 29 of T5S R7E SBBM
WHEREAS, the Architecture and Landscape Review Committee, did on
the 2nd day of June, 2004, at a regular meeting, recommended approval of the
architectural plans by adoption of Minute Motion 2004-018, subject to conditions;
and
WHEREAS, said CUP Amendment has complied with the requirements
of "The Rules to Implement the California Environmental Quality Act of 1970" as
amended (Resolution 83-63) in that the Community Development Director has
determined this request has been previously assessed in conjunction with
Environmental Assessment 96-325, prepared for Specific Plan 96-027 and
Conditional Use Permit 96-028, for which a Mitigated Negative Declaration of
Environmental Impact was certified by the City Council on September 17, 1996, by
Resolution 96-71, and that no changed circumstances, conditions or new
information has been provided that would trigger the preparation of a subsequent
environmental assessment pursuant to Section 15162.
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said
Planning Commission did find the following facts and reasons to justify approval of
said Conditional Use Permit Amendment pursuant to Section 9.210.020 of the
Zoning Code:
1. Consistency with General Plan. The proposed expansion of the store's
outdoor storage will not impact this Regional Commercial land use area in
Planning Commission Resolution 2004-052
Conditional Use Permit 96-028, Amendment #1, Home Depot
Adopted: July 27, 2004
that high intensity commercial uses where permitted under Specific Plan 96-
027, the developments master planning document.
2. Consistency with Zoning Code. The proposed outdoor storage area is
consistent with the development standards of the CR Zoning District, and
has been designed to comply with the development standards of Specific
Plan 96-027 with regard to setbacks and location to other planned shopping
center facilities. The new storage area is located so that it will not be visible
from Highway 1 1 1, a Major Arterial Image Corridor.
3. Architectural Design. The proposed fencing material is consistent with the
adopted design guidelines of Specific Plan 96-027 and consistent in design
to the outdoor nursery storage area approved by the City Council in 1996.
4. Site Design. As conditioned, the proposed storage area is designed to be
consistent with the circulation pattern in Specific Plan 96-027.
5. Infrastructure. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed use would not be
detrimental to public health and safety, in that the site is in a developed
urban area where services are provided.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
That the above recitations are true and constitute the findings of the
Planning Commission in this case; and
2. That the project is in compliance with the provisions and conditions of
Specific Plan 96-027 and Environmental Assessment 96-325 (City Council
Resolution 96-71) as designed; and
3. That it does hereby approve Conditional User Permit 96-028 Amendment #1
for the reasons set forth in this Resolution, subject to the Conditions
attached hereto.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City
of La Quinta Planning Commission, held on the 271h day of July, 2004, by the
following vote, to wit:
AYES: Commissioners Daniels, Ladner, and Chairman Kirk
Planning Commission Resolution 2004-052
Conditional Use Permit 96-028, Amendment #1, Home Depot
Adopted: July 27, 2004
NOES: None
ABSENT: Commissioners Krieger, and Quill
ABSTAIN: None
T M K Chairman
City of La Quinta, California
ATTEST:
OSCAR ORCI, Planning Manager
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2004-052
CONDITIONS OF APPROVAL — FINAL
CONDITIONAL USE PERMIT 96-028 AMENDMENT #1, HOME DEPOT
JULY 27, 2004
GENERAL
1. The applicant agrees to defend, indemnify, and hold harmless the City of La
Quinta (the "City"), its agents, officers and employees from any claim, action
or proceeding to attack, set aside, void, or annul the approval of this Site
Development Permit. The City shall have sole discretion in selecting its
defense counsel.
The City shall promptly notify the applicant of any claim, action or proceeding
and shall cooperate fully in the defense.
2. All public agency letters received for this case are made part of the case file
documents for plan checking processes.
3. The property owner shall comply with all applicable conditions of Specific
Plan 97-027 and Site Development Permit 2004-808.
4. This permit shall expire on July 27, 2005, unless a one-year time extension is
applied for and granted by the Planning Commission pursuant to Section
9.200.080 of the Zoning Code. A request for a time extension shall be filed
with the Community Development Department on, or before, June 13, 2005.
5. In the event that the permittee violates or fails to comply with any of the
Conditions of Approval of this permit, no further permits, licenses, approvals,
certificates of occupancy shall be issued until such violation has been fully
remedied.
6. The equipment storage area shall be encased by a 42-inch high split -face
block wall and vinyl coated mesh fencing above to match materials used to
construct the existing outdoor garden sales facility that was approved by the
City Council under Resolution 96-73.