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PC Resolution 2013-024PLANNING COMMISSION RESOLUTION 2013 - 024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 201 1-136, AN OUTDOOR DISPLAY AND SALES AREA FOR LOWE'S HOME IMPROVEMENT WAREHOUSE CASE NO.: CONDITIONAL USE PERMIT 2011-136 APPLICANT: LOWE'S HIW, INC. WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 121" day of November, 2013, hold a duly noticed Public Hearing to consider a request by Lowe's HIW, Inc. for approval of an outdoor display and sales area at the Lowe's Home Improvement Warehouse, generally located at 78-865 Highway 1 1 1, more particularly described as: APN: 643-020-022 WHEREAS, the Community Development Department published a public hearing notice in The Desert Sun newspaper on November 1, 2013, 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 Municipal Code to justify approval of said Conditional Use Permit: 1 . Consistency with General Plan The proposed 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 As conditioned, the proposed use is consistent with the 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 2013 - 024 Conditional Use Permit 2011-136 Lowe's Outdoor Display & Sales (Lowe's HIW, Inc.) Adopted: November 12, 2013 Page 2 3. Compliance with CEQA Processing of this Conditional Use Permit for the proposed use is in compliance with the provisions of the California Environmental Quality Act. The Community Development Department has determined that this project is exempt from environmental review pursuant to Sections 15301 (Existing Facilities) as it consists of the operation and minor alteration of an existing private facility involving negligible expansion of use. 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 current 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 it does hereby approve Conditional Use Permit 201 1-136, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 121h day of November, 2013, by the following vote: AYES: Commissioners Blum, Weber, Wilkinson, Wright, and Chairperson Barrows NOES: None ABSENT: None ABSTAIN: None Planning Commission Resolution 2013 - 024 Conditional Use Permit 2011-136 Lowe's Outdoor Display & Sales (Lowe's HIW, Inc.) Adopted: November 12, 2013 Page 3 A M JCYkWSON, Community Development Director ity of La Quinta, California KA IE BARB S, Chairperson City of La Quinta, California PLANNING COMMISSION RESOLUTION 2013 - 024 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2011-136 LOWE'S OUTDOOR STORAGE & SALES (LOWE'S HIW, INC.) NOVEMBER 12, 2013 Page 1 of 2 GENERAL The use permit may be modified or revoked by the city council, or planning commission, should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated or maintained, so as to constitute a public nuisance. 2. Any expansion of this use or substantial modification that results in a change of use shall require an amendment of this conditional use permit. Minor modifications to this Conditional Use Permit shall be considered by the Community 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. 3. The Conditional Use Permit shall expire on November 13, 2015 and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless the use has been established. A time extension may be requested per LQMC Section 9.200.080. 4. 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. 5. No hazardous materials shall be stored and/or used outside of the building, which exceeds quantities listed in 2010 CBC. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount. 6. No fire -lanes, fire hydrants or any other Fire Department appliances/equipment shall be blocked or obstructed. 7. Marked emergency fire apparatus access lanes and entrance curbs shall be designed to adequately allow access of emergency fire vehicles. 8. Exits including exterior exit doors at the level of exit discharge shall be kept clear of all displayed merchandise. Page 1 of 2 PLANNING COMMISSION RESOLUTION 2013-024 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2011-136 LOWE'S OUTDOOR STORAGE & SALES (LOWE'S HIW, INC.) NOVEMBER 12, 2013 9. All items and materials to be displayed outdoors shall be in conformance with current fire, health, building and safety codes. 10. No item shall be displayed in a manner that causes a safety hazard or public nuisance. 11. Fixtures and tables used to display merchandise shall be maintained in good repair. 12. 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. 13. Outdoor display and sales areas shall be kept clean and maintained on a continual basis. 14. 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 Community Development Director prior to merchandise being located within the display area. 15. Permanent improvements shall be added to the trailer sales area in order to indicate to customers that the parking spaces utilized for trailer sales 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 trailer sales area. Design specifications shall be reviewed and approved by the Community Development Director prior to trailers being located within the sales area.