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PCRES 2000-085RESOLUTION 2000-085 A RESOLUTION OF THE PLANNING COMMISSION FOR THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW 35 METAL STORAGE CONTAINERS FROM SEPTEMBER 1ST TO JANUARY 15T" EVERY YEAR IN THE REAR OF THE BUILDINGS CASE NO.: CONDITIONAL USE PERMIT 2000-052 APPLICANT: WALMART STORE #1805 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 281h day of November, 2000, hold a duly -noticed Public Hearing to consider Conditional Use Permit 2000-052 to allow storage of holiday merchandise in metal containers for Walmart located at 78-950 Highway 111, more particularly described as: APN: 643-080-004 WHEREAS, said Conditional Use Permit 2000-052 is within Specific; Plan 89-014 and exempt from California Environmental Quality Act requirements under Public Resources Code Section 65457(A). Environmental Assessment 89-150 (State Clearinghouse #90020162) was certified by the City Council on April 17, 1990. Therefore, no changed circumstances or conditions are proposed which would trigger the preparation of a Subsequent EA pursuant to Public Resources Code Section; and, 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 make the following mandatory findings of approval pursuant to Section 9.210.020 of the Zoning Code to justify a recommendation for approval of said Conditional Use Permit 2000-052: 1. That the proposed Conditional Use Permit is consistent with the goals and policies of the La Quinta General Plan in that the property is designated Regional Commercial with Non -Residential Overlay which permits the temporary use proposed by this application. 2. The proposed temporary storage containers are consistent with the development standards outlined in Section 9.100.120 (Outdoor Storage and Display) of the Zoning Ordinance because merchandise will be stored in metal containers placed on the north and northwest sides of the existing business. ResoCUP 52Walmart - 44 greg Planning Commission Resolution 2000-085 Conditional Use Permit 2000-052, Walmart November 28, 2000 3. Approval of this Conditional Use Permit will not be detrimental to the public health, safety or general welfare, or incompatible with surrounding properties. The adjacent properties are designated and zoned for commercial use and also within the One Eleven -La Quinta Shopping Center. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case; 2. That it does hereby approve the above -described Conditional Use Permit request 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 La Quinta Planning Commission, held on this 28th day of November, 2000, by the following vote, to wit: YES: COMMISSIONERS KIRK, TYLER AND CHAIRMAN ROBBINS NOES: NONE ABSENT: COMMISSIONERS ABELS AND BUTLER ABSTAIN: NONE S E ROBBINS, Chairman City of La Quinta, California ATTEST: JERRY HERE IAN, Community Development Director City f La Quinta, California ResoCUP 52Walmart - 44 greg PLANNING COMMISSION RESOLUTION 2000-085 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2000-052 WAL-MART STORE #1805 NOVEMBER 28, 2000 GENERAL 1. The use of this site shall be in conformance with the approved exhibits contained in Conditional Use Permit 2000-052, unless otherwise amended by the following conditions. 2. No more than 35 portable storage containers shall be stored at the Wal-mart store. Containers may be relocated to new locations, subject to final approval of the Community Development Director. This permit shall expire on January 15, 2001. 3. Any storage container that blocks a required fire access lane to existing commercial buildings shall be relocated within 24 hours of a written notice from the Fire Marshal. 4. Recycled cardboard and excess shopping carts shall be stored in the trailer storage area abutting the west side of the building. The outdoor storage; area areas shall be cleaned daily of debris and litter. 5. The property owner agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. Cond CUP 52 Walmart 44-greg, Page 1