PCRES 2003-073PLANNING COMMISSION RESOLUTION 2003-073
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, ALLOWING 43
TEMPORARY OUTDOOR METAL STORAGE CONTAINERS
FROM SEPTEMBER 15, 2003 THROUGH JANUARY 15, 2004,
ON THE NORTH AND WEST SIDES OF THE EXISTING WAL-
MART STORE
CASE NO.: CONDITIONAL USE PERMIT 2003-080
APPLICANT: WAL-MART STORE #1805
WHEREAS, the Planning Commission of the City of La Quinta,
California, did, on the 91h day of September, 2003, 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, 2003
through January 15, 2004, on the north and west sides of the existing Wal-
Mart store for the storage of holiday merchandise at 78-950 Highway 111,
more particularly described as follows:
APN: 643-080-004,
WHEREAS, said Conditional Use Permit 2003-080 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 Regional Commercial 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 enclosed metal containers placed
Planning Commission Resolution 2003-073
Conditional Use Permit 2003-080 - WalMart
September 9, 2003
immediately outside on the north and west sides of the existing
business.
3. Compliance with CEQA: The proposed project is in compliance with
CEQA in that the project area lies 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.
4. 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 vicinity in that they are placed in areas
away from customer traffic and public 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 2003-080 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 91h day of September, 2003, by the
following vote, to wit:
AYES: Commissioners Quill, Tyler, and Chairman Kirk
NOES: None
ABSENT: Commissioners Abels and Daniels
ABSTAIN: None
Planning Commission Resolution 2003-073
Conditional Use Permit 2003-080 - WalMart
September 9, 2003
0
H
munity Development Director
of La Quinta, California
TO KI Chairman
Cit La Quinta, California
PLANNING COMMISSION RESOLUTION 2003-073
CONDITIONAL USE PERMIT 2003-080 WAL-MART
CONDITIONS OF APPROVAL -FINAL
SEPTEMBER 9, 2003
GENERAL
1. The use of this site shall be in conformance with the approved exhibits
contained in Conditional Use Permit 2003-080, 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 between September 15, 2003 and January 15, 2004. The
storage containers shall be removed by January 16, 2004.
3. A minimum 20 foot wide aisle for emergency/fire access shall be maintained at
all times to the rear of all buildings/stores. Any storage containers that block a
required fire access lane to existing commercial buildings/stores 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 stored on top of the storage containers. All storage shall be
within the enclosed metal 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.