PCRES 2002-084PLANNING COMMISSION RESOLUTION 2002-084
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, ALLOWING 43
TEMPORARY OUTDOOR METAL STORAGE CONTAINERS
FROM SEPTEMBER 15, 2002 THROUGH JANUARY 15,
2003, ON THE NORTH AND WEST SIDES OF THE
EXISTING WAL-MART STORE
CASE NO.: CONDITIONAL USE PERMIT 2002-071
APPLICANT: WAL-MART STORE #1805
WHEREAS, the Planning Commission of the City of La Quinta, California,
did, on the 3`d day of September, 2002 hold a duly noticed Public Hearing to consider
a request by Wal-Mart store #1805 to allow 43 temporary outdoor metal storage
containers from September 15, 2002 through January 15, 2003, on the north and
west sides of the existing Wal-Mart store for holiday merchandise at 78-950 Highway
1 1 1, more particularly described as follows:
APN: 643-080-004,
WHEREAS, said Conditional Use Permit 2002-071 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 desiring to be heard, said
Planning Commission did make the following mandatory findings pursuant to Section
9.210.020 of the Zoning Code to justify approval of said Conditional Use Permit:
1. Consistency with the General Plan: The proposed project is consistent with the
goals and policies of the General Plan in that the property is designated
Mixed/Regional Commercial with a Non -Residential Overlay which permits the
temporary use proposed by this application.
2. Consistency with the Zoning Code: The proposed project is consistent with the
development standards outlined in Section 9.100.120 (Outdoor Storage and
Display) of the Zoning Code because merchandise will be stored in metal
_ containers placed on the north and west sides of the existing business.
3. Surrounding Uses: Approval of the Conditional Use Permit will not create
conditions materially detrimental to the public health, safety and general welfare
or be injurious to, or incompatible with, other properties or land uses in the
PAPC Reso & COATC Reso CUP 02-071-Walmart.wpd
PLANNING COMMISSION RESOLUTION 2002-084
CONDITIONAL USE PERMIT 2002-071
WAL-MART
SEPTEMBER 3, 2002
vicinity 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 for this Conditional Use Permit;
2. That it does hereby approve Conditional Use Permit 2002-071 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 3rd day of September, 2002, by the following vote,
to wit:
AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler
NOES: None
ABSENT: None
ABSTAIN: None
RICH BUTLER, Chairman
City of La Quinta, California
ATTEST:
JERRY HERMAN
Community Development Director -
City of La Quinta, California
P:\PC Reso & COA\PC Reso CUP 02-071-Walmart.wpd
PLANNING COMMISSION RESOLUTION 2002-084
CONDITIONS OF APPROVAL - FINAL
CONDITIONAL USE PERMIT 2002-071-WAL-MART
ADOPTED: SEPTEMBER 3, 2002
GENERAL
1. The use of this site shall be in conformance with the approved exhibits
contained in Conditional Use Permit 2002-071, unless otherwise amended by
the following conditions.
2. This Conditional Use Permit allows a total of 55 temporary metal storage
containers to be located on the site to be used for the storage of holiday
merchandise. The storage units shall be removed by January 15, 2003.
3. Any storage containers that block 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
shall be cleaned daily of debris and litter.
5. The use of makeshift temporary storage shelves within the store, above the
standard shelving currently used, is prohibited.
6. Nothing shall be placed on top of the storage containers.
7. Aisle widths shall be a minimum of 12 feet wide between the rows of
containers.
8. The applicant/property owner agrees to defend, indemnify, and hold harmless
the City of La Quinta (the "City"), its agents, officers and employees from any
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.