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PCRES 2001-107RESOLUTION 2001-107 A RESOLUTION OF THE PLANNING COMMISSION FOR THE CITY OF LA QUINTA, CALIFORNIA, ALLOWING 43 OUTDOOR METAL STORAGE CONTAINERS FROM SEPTEMBER 1, 2001, TO JANUARY 15, 2002, ON THE NORTH AND WEST SIDES OF THE EXISTING WAL*MART STORE CASE NO.: CONDITIONAL USE PERMIT 2001-065 APPLICANT: WAL*MART STORE #1805 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 281h day of August, 2001, hold a duly -noticed Public Hearing to consider a request by Wal-Mart Store #1805 to allow storage of holiday merchandise in metal containers at 78-950 Highway 111, more particularly described as: Assessor's Parcel Number: 643-080-004 WHEREAS, said Conditional Use Permit 2001-065 is within Specific Plan 89-014 for which Environmental Assessment 89-150 was certified by the City Council on April 17, 1990. Therefore, no changed circumstances or conditions and no new information has been provided which would trigger the preparation of a subsequent Environmental Assessment pursuant to the provisions of the California Environmental Quality Act (CEQA) statutes; 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 Ordinance to justify approval of said Conditional Use Permit: 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. ResoCUP65 Wal-Man Greg Ret 8/3 Planning Commission Resolution 2001-107 Conditional Use Permit 2001-065, Wal-Mart Store k1805 August 28, 2001 3. Approval of this Conditional Use Permit will not be detrimental to the public health, safety or general welfare, or incompatible with surrounding properties in that they are placed in areas away from customer traffic and view. The adjacent properties are designated and zoned for commercial use and 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 August, 2001, by the following vote, to wit: YES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels NOES: None ABSENT: None ABSTAIN: None ITI I&CQU,ES ABELS, Chairman KIty o La Quinta, California iY HE MAN, Community Development Director of La Uinta, California ResoCUP65 Wal-Mart Greg Ret 8/3 PLANNING COMMISSION RESOLUTION 2001-107 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2001-065 WAL*MART STORE #1805 AUGUST 28, 2001 GENERAL 1. The use of this site shall be in conformance contained in Conditional Use Permit 2001-065, the following conditions. with the approved exhibits unless otherwise amended by 2. The storage units shall be removed by January 15, 2002. 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 applicant/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. This indemnification shall include any award toward attorney's fees. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 6. Nothing shall be placed on top of the storage containers. 7. The use of makeshift temporary storage shelves above the standard shelving within the store is prohibited. Cond CUP 65 Walmart greg