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PC Resolution 2023-003 Home Depot Outdoor Display & Sales Area (MBA2022-0004 & CUP2022-0003)PLANNING COMMISSION RESOLUTION 2023 - 003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A MODIFICATION BY APPLICANT AND CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR A NEW 2,129 SQUARE FOOT TOOL RENTAL CENTER ADDITION, AND MODIFICATIONS TO THE OUTDOOR DISPLAYS AND SALES AREA LOCATED AT 79900 HIGHWAY 111 CASE NUMBERS: MODIFICATION BY APPLICANT 2022-0004 CONDITIONAL USE PERMIT 2022-0003 (CONDITIONAL USE PERMIT 2016-0004 AMENDMENT 2) APPLICANT: LARS ANDERSON AND ASSOCIATES INC WHEREAS, the Planning Commission of the City of La Quinta, California did, on January 24, 2023 hold a duly noticed Public Hearing to consider a request by Lars Anderson and Associates Inc, on behalf of Home Depot USA Inc., for approval of a new 2,129 square foot Tool Rental Center and changes to the approved outdoor display and sales area for Home Depot, located within the Jefferson Plaza, 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 October 28, 2022 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the Planning Commission of the City of La Quinta, California did previously hold a duly noticed Public Hearing, on November 8, 2022, to consider this project and continued the Public Hearing to a date certain of December 13, 2022, to allow the applicant time to revise the plan set package due to Commissioner concerns; and WHEREAS, the Planning Commission of the City of La Quinta, California did previously hold a continued Public Hearing to a date certain, on December 13, 2022, to consider this project and continued the Public Hearing to a date certain of January 24, 2023, to allow the applicant time to revise the plan set package due to Commissioner concerns; and PLANNING COMMISSION RESOLUTION 2023-003 MODIFICATION BY APPLICANT 2022-0004 CONDITIONAL USE PERMIT 2022-0003 (CUP2016-0004 AMENDMENT 2) PROJECT: HOME DEPOT TOOL RENTAL CENTER EXPANSION ADOPTED: JANUARY 24, 2023 PAGE 2 of 4 Modification By Applicant 2022-0004 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 9.200.090 of the Municipal Code to justify approval of said Modification By Applicant: 1. Consistency with General Plan. The proposed development is consistent with the General Plan land use designation of General Commercial. The City's General Plan policies relating to the General Commercial designation allow for commercial uses and this project is for expansion of an existing commercial building. 2. Consistency with Zoning Code and Specific Plan. The proposed development, as conditioned, is consistent with the development standards of the City's Zoning Code and Subject Specific Plan in terms of site plan. The Modification By Applicant has been conditioned to ensure compliance with the Regional Commercial Zoning Code's development standards and the Jefferson Plaza Specific Plan, including standards for parking lot design, amount of parking required, setbacks and height standards. The proposed changes in building square footage do not to exceed ten percent (10%) from the original approval and have been determined to not result in a significant architectural, aesthetic, or visual impact to the existing project and require additional parking. 3. Compliance with California Environmental Quality Act. Modification By Applicant 2022-0004 is not likely to cause substantial environmental damage, nor substantially injure fish or wildlife or their habitat. The La Quinta Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15301(e)(1) of the California Environmental Quality Act in that the proposed project involves minor alteration to an existing facility. 4. Architectural Design. The proposed project, as conditioned, is consistent in design with the Zoning Code and subject Specific Plan, with development in the Regional Commercial, and with the existing buildings on the project site. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development, the existing PLANNING COMMISSION RESOLUTION 2023-003 MODIFICATION BY APPLICANT 2022-0004 CONDITIONAL USE PERMIT 2022-0003 (CUP2016-0004 AMENDMENT 2) PROJECT: HOME DEPOT TOOL RENTAL CENTER EXPANSION ADOPTED: JANUARY 24, 2023 PAGE 3 of 4 buildings on the project site, and with the quality of design prevalent in the City. 5. Site Design. The site design of the project, including architectural style, features, materials, and color palette, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the City. Conditional Use Permit 2022-0003 (CUP2016-004 Amendment 2) WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the 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 Amendment: 1. Consistency with General Plan. The project is consistent with the Regional Commercial land use designation as set forth in the General Plan. The City's General Plan policies relating to the General Commercial designation allow for retail commercial and this project proposes expansion of an existing commercial building. 2. Consistency with Zoning Code. The project is consistent with the Regional Commercial use designation as set forth in the Zoning Code and meets the development standards of the Zoning Code and subject Specific Plan. 3. Compliance with CEQA. Conditional Use Permit Amendment 2022- 0003 is not likely to cause substantial environmental damage, nor substantially injure fish or wildlife or their habitat. The La Quinta Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15301(e)(1) of the California Environmental Quality Act in that the proposed project involves minor alteration to an existing facility. 4. Surrounding Uses. Conditional Use Permit Amendment 2022-0003 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. This project includes expansion of an existing use on adequately sized property. PLANNING COMMISSION RESOLUTION 2023-003 MODIFICATION BY APPLICANT 2022-0004 CONDITIONAL USE PERMIT 2022-0003 (CUP2016-0004 AMENDMENT 2) PROJECT: HOME DEPOT TOOL RENTAL CENTER EXPANSION ADOPTED: JANUARY 24, 2023 PAGE 4 of 4 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; and SECTION 2. That the above project is exempt from environmental review pursuant to Section 15301(e)(1) of the California Environmental Quality Act in that the proposed project involves minor alteration to an existing facility; and SECTION 3. That it does hereby approve Modification By Applicant 2022-0004, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit A]; and SECTION 4. That it does hereby approve Conditional Use Permit 2022-0003 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit B]; and PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on January 24, 2023, by the following vote: AYES: Commissioners Caldwell, Hassett, McCune, Nieto, Tyerman, and Chairperson Currie NOES: None ABSENT: Commissioner Guerrero ABSTAIN: None ATTEST: r RETTA C R E, Chairperson City of La Quinta, California DANNY CASTRO, Design and Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2023-003 CONDITIONS OF APPROVAL - ADOPTED MODIFICATION BY APPLICANT 2022-0004 PROJECT: HOME DEPOT TOOL RENTAL CENTER EXPANSION ADOPTED: JANUARY 24, 2023 PAGE 1 OF 1 EXHIBIT A GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Modification By Applicant. 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. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form - Whitewater River Region, Improvement Permit) • La Quinta Design and Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 3. This Modification By Applicant shall expire on January 24, 2025, and shall become null and void in accordance with Municipal Code Section 9.200.080 unless the required ministerial permits have been issued. A time extension may be requested per LQMC Section 9.200.080. 4. The applicant shall submit grading and construction plans as may be required to the City's Design and Development Department. PLANNING COMMISSION RESOLUTION 2023-003 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2022-0003 (CUP2016-0004 AMENDMENT 2) PROJECT: HOME DEPOT TOOL RENTAL CENTER EXPANSION ADOPTED: JANUARY 24, 2023 PAGE 1 OF 3 GENERAL EXHIBIT B 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta ("City"), 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 Amendment recorded thereunder. The City shall have sole discretion in selecting its defense counsel. 11.5 The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The Conditional Use Permit Amendment shall expire on January 24, 2025 and shall become null and void in accordance with Municipal Code Section 9.200.080 unless the required ministerial permits have been issued. A time extension may be requested per LQMC Section 9.200.080 3. The applicant shall comply with all conditions of approval from Conditional Use Permit 2016-0004 and Conditional Use Permit 2017- 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 9.210.020 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. Fire Hydrant 3-feet clearance: Fire hydrants and other Fire Protection Equipment shall be provided with a minimum 3-feet radius clearance around the circumference of the device. (CFC 507.5.5, 509.2.1 & 912.4.2) 6. Fire Department Access: Provide a site plan for fire apparatus access roads and signage. Access roads shall be provided to within 150 feet to all portions of all buildings and shall have an unobstructed width of not less than 24-feet exclusive of curb -side parking, bike lanes and other roadway features. The construction of the access roads shall be all weather and capable of sustaining 40,000 lbs. over two axles for areas PLANNING COMMISSION RESOLUTION 2023-003 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2022-0003 (CUP2016-0004 AMENDMENT 2) PROJECT: HOME DEPOT TOOL RENTAL CENTER EXPANSION ADOPTED: JANUARY 24, 2023 PAGE 2 OF 3 of residential development and 60,000 lbs. over two axels for commercial developments. Ref. CFC 503.1.1 and 503.2.1 as amended by the City of La Quinta. a. Fire Lane marking: Identification and marking of fire lanes, including curb details and signage shall be in compliance with Riverside County Fire Department Standards. 7. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503.4.1 8. Grading Permit Fire Department Review: Submittal to the Office of the Fire Marshal for Precise Grading Permit will be required. 9. Construction Permits Fire Department Review: Submittal of construction plans to the Office of the Fire Marshal for development, construction, installation and operational use permitting will be required. Final fire and life safety conditions will be addressed when the Office of the Fire Marshal reviews these plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code, and related codes, which are in effect at the time of building plan submittal. 10. Fire Sprinkler System: The existing building fire protection system shall be extended to provide protection to the addition area. Fire permit is required. 11. Fire Alarm and Detection System: The building fire alarm notification system (if present) shall be extended to provide protection to the addition area. Fire permit is required. 12. Fire Conditions Timeframe: Conditions of approval are subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 13. Fixtures and tables used to display merchandise shall be maintained in good repair. 14. Signs, flags, banners, placards, balloons, streamers, spot lighting, amplified music, or similar features shall be prohibited unless otherwise PLANNING COMMISSION RESOLUTION 2023-003 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2022-0003 (CUP2016-0004 AMENDMENT 2) PROJECT: HOME DEPOT TOOL RENTAL CENTER EXPANSION ADOPTED: JANUARY 24, 2023 PAGE 3 OF 3 permitted and approved through a separate sign or temporary use permit. 15. Outdoor display and sales areas shall be kept clean and maintained on a continual basis. 16. 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. 17. 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. 18. 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. 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.