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PC Resolution 2017-003PLANNING COMMISSION RESOLUTION 2017 - 003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR OUTDOOR DISPLAYS AND SALES AT AN EXISTING HOME DEPOT, AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBER: CONDITIONAL USE PERMIT 2016-0004 APPLICANT: HOME DEPOT U.S.A., INC. WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 28th day of February, 2017, hold a duly noticed Public Hearing, to consider a request by Home Depot U.S.A., Inc. for approval of outdoor display and sales, generally located at 79900 Highway 111, more particularly described as: APN: 600-010-017 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on February 17, 2017 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; 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 make the following mandatory findings pursuant to Section 9.210.020 of the La Quinta Municipal Code to justify approval of said Specific Plan Amendment: Consistency with General Plan The land use is consistent with the General Plan land use designation of General Commercial. The City's General Plan policies relating to General Commercial encourage a full range of commercial retail uses within the City, and the proposed use maintains those policies. 2. Consistency with Zoning Code The proposed use, as conditioned, is consistent with provisions of the zoning code. The additional outdoor display and sales areas outside of an existing commercial retail building will have minimal impacts on the surrounding land uses and will conform to the development standards applicable to the use. Planning Commission Resolution 2017- 003 Conditional Use Permit 2016-0004 Home Depot Outdoor Display and Sales Adopted: February 28, 2017 Page 2 of 3 Compliance with California Environmental Quality Act (CEQA) The Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15301 of the CEQA in that the proposed project can be characterized as an existing facility. 4. Surrounding Uses As conditioned, approval of the application will not create conditions materially detrimental to the public health, safety, and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The proposed use is contained within an existing commercial retail area, is in conformance with all current fire, health, and building codes, and conditions of approval have been incorporated to mitigate potential code compliance conflicts. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case. SECTION 2. That the above project be determined by the Planning Commission to be exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines. SECTION 3. That it does hereby approve Conditional Use Permit 2016-0004, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a re�ular meeting of the City of La Quinta Planning Commission, held an this the 28t day of February, 2017, by the following vote: AYES: Commissioners Blum, Caldwell, Hansen, McCune, Quill, Wright and Chairperson Bettencourt NOES: None ABSENT: None ABSTAIN: None Planning Commission Resolution 2017- 003 Conditional Use Permit 2016-0004 Home Depot Outdoor Display and Sales Adopted: February 28, 2017 Page 3 of 3 PHILIF4. BETTENCOURT, Chairperson City of La Quinta, California ATTEST: IA4 ht GABRIEL Z, Pla Hing Manager City of La Quinta, California PLANNING COMMISSION RESOLUTION 2017-003 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2016-0004 HOME DEPOT OUTDOOR DISPLAY AND SALES ADOPTED: FEBRUARY 28, 2017 Page 1 of 3 GENERAL 1. The applicant agrees to indemnify, defend and hold harmless the City of La Quinta, its agents, officers, and employees from any claim, action, or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit. The City of La Quints shall have the right to select its defense counsel at its sole discretion. The City of La Quinta shall promptly notify the applicant of any claim, action, or proceeding and shall cooperate fully in the defense. 2. The applicant shall comply with all applicable provisions of the La Quinta Municipal Code (LQMC), including LQMC Chapter 9.210.020. I Any expansion of this use or substantial modifications to the approved floor plan shall require an amendment of this conditional use permit. Minor modifications to this Conditional Use Permit shall be considered by the Design and Development Director in accordance with LQMC 9.200.090, and may require notification of surrounding property owners prior to such approval. All other amendments shall be processed in accordance with LQMC 9.200.100. 4. Prior to issuance of any building permit by the City, the applicant shall obtain any necessary permits and/or clearances from the following agencies: Fire Marshal Sheriffs Department The applicant is responsible for all requirements of the permits and/or clearances from the above -listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 5. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets" latest edition, in the placement of all merchandise covered under this permit. 6. No hazardous materials shall be stored and/or used outside of the building, PLANNING COMMISSION RESOLUTION 2017-003 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2016-0004 HOME DEPOT OUTDOOR DISPLAY AND SALES ADOPTED: FEBRUARY 28, 2017 Page 2 of 3 which exceeds quantities listed in 2010 CBC. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount. T No fire -lanes, fire hydrants or any other Fire Department appliances/equipment shall be blocked or obstructed. 8. Marked emergency fire apparatus access lanes and entrance curbs shall be designed to adequately allow access of emergency fire vehicles. 9. Exits including exterior exit doors at the level of exit discharge shall be kept clear of all displayed merchandise. 10. All items and materials to be displayed outdoors shall be in conformance with current fire, health, building and safety codes. 11. No item shall be displayed in a manner that causes a safety hazard or public nuisance. 12. Fixtures and tables used to display merchandise shall be maintained in good repair. 13. Signs, flags, banners, placards, balloons, streamers, spot lighting, amplified music, or similar features shall be prohibited unless otherwise permitted and approved through a separate sign or temporary use permit. 14. Outdoor display and sales areas shall be kept clean and maintained on a continual basis. 15. As depicted in the site plan, the boundary for the outdoor merchandise storage and display area shall be demarcated with a permanent painted stripe. Violation of any condition of approval or Municipal Code requirement (i.e. merchandise located outside of the display and sales areas, ADA -accessible path is impeded, etc.) could result in suspension of use and/or permit revocation per LQMC Sections 9.100.120 (F4) and 9.210.020 (J). Line specifications (width, color, etc.) shall be reviewed and approved by the Design and Development Director prior to merchandise being located within the display area. PLANNING COMMISSION RESOLUTION 2017-003 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2016-0004 HOME DEPOT OUTDOOR DISPLAY AND SALES ADOPTED: FEBRUARY 28, 2017 Page 3 of 3 16. Permanent improvements shall be added to the "Load & Go" trucks area and the storage sheds area in order to indicate to customers that the parking spaces utilized for the trucks are not for customer parking. Improvements shall include, but are not limited to, painted stripes, permanent bollards, and additional landscaping for screening purposes within the existing landscape planter adjacent to the trucks area. Design specifications shall be reviewed and approved by the Design and Development Director prior to trucks being placed in area.