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PC Resolution 2018-015PLANNING COMMISSION RESOLUTION 2018 - 015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT 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 2017-0004 (CONDITIONAL USE PERMIT 2016-0004 AMENDMENT 1) APPLICANT: HOME DEPOT U.S.A., INC. WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 13th day of November, 2018, 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 November 2, 2018 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: 1. 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. Planning Commission Resolution 2018-015 Conditional Use Permit 2017-0004 (CUP 2016-0004, Amendment 1) Home Depot Outdoor Display and Sales Adopted: November 13, 2018 Page 2 of 3 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. 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 2017-0004, 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 13th day of November, 2018, by the following vote: Planning Commission Resolution 2018-015 Conditional Use Permit 2017-0004 (CUP 2016-0004, Amendment 1) Home Depot Outdoor Display and Sales Adopted: November 13, 2018 Page 3 of 3 AYES: COMMISSIONERS BETTENCOURT, CALDWELL, CURRIE, AND CHAIRPERSON MCCUNE NOES: COMMISSIONERS PROCTOR AND WRIGHT ABSENT: COMMISSIONER QUILL ABSTAIN: NONE r*_ UM41--. - K MCCUNE, Chairperson City of La Quinta, California ATTEST: DANNY CASTRa, Design and Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2018-01S CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2017-0004 (CONDITIONAL USE PERMIT 2016-0004, AMENDMENT 1) HOME DEPOT OUTDOOR DISPLAY AND SALES ADOPTED: NOVEMBER 13, 2018 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 Quinta 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 The applicant shall comply with all conditions of approval from Conditional Use Permit 2016-0004. 4. 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. 5. 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 • Building Division ■ Sheriff's 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. PLANNING COMMISSION RESOLUTION 2018-015 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2017-0004 (CONDITIONAL USE PERMIT 2016-0004, AMENDMENT 1) HOME DEPOT OUTDOOR DISPLAY AND SALES ADOPTED: NOVEMBER 13, 2018 Page 2 of 3 6. 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. 7. 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. 8. No fire -lanes, fire hydrants or any other Fire Department appliances/equipment shall be blocked or obstructed. 9. Marked emergency fire apparatus access lanes and entrance curbs shall be designed to adequately allow access of emergency fire vehicles. 10. Exits including exterior exit doors at the level of exit discharge shall be kept clear of all displayed merchandise. 11. All items and materials to be displayed outdoors shall be in conformance with current fire, health, building and safety codes. 12. No item shall be displayed in a manner that causes a safety hazard or public nuisance. 13. Fire department access roads are to be kept clear as noted on the plan. 14. Fixtures and tables used to display merchandise shall be maintained in good repair. 15. 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. PLANNING COMMISSION RESOLUTION 2018-OIS CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2017-0004 (CONDITIONAL USE PERMIT 2016-0004, AMENDMENTI) HOME DEPOT OUTDOOR DISPLAY AND SALES ADOPTED: NOVEMBER 13, 2018 Page 3 of 3 16. Outdoor display and sales areas shall be kept clean and maintained on a continual basis. 17. 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 9.200.130 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. Line specifications shall be submitted to the Design and Development Director within 60 days of this approval. 18. As depicted in the site plan, areas along the site shall be restriped for parking stalls and demarcation of parking or loading access. Line specifications shall be reviewed and approved through a striping and signing plan, to be submitted, reviewed, and approved by the Design and Development department. 19. Compliance with this Conditional Use Permit, including moving all outdoor display and sales merchandise within the parameters as displayed by the site plan and completing all striping, shall be completed within 90 days of this approval (February 11, 2019). Failure to do so could result in suspension of use and/or permit revocation per LQMC Sections 9.200.130 and 9.210.020(J). Applicant shall schedule inspections for City staff, including the Fire department, Planning Division, and Code Compliance Division, to confirm compliance with this permit. 20. Shed display is not permitted in parking lot away from building. Shed display outdoor location shall comply with Conditional Use Permit 2016-0004. 21. Planning Commission shall review compliance of this Conditional Use Permit amendment six (6) months after approval (May 2019).