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PCRES 2005-007PLANNING COMMISSION RESOLUTION 2005-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING THE USE OF TEMPORARY METAL STORAGE CONTAINERS TO STORE SEASONAL MERCHANDISE BEHIND THE EXISTING TARGET STORE CASE NO.: CONDITIONAL USE PERMIT 2004-089 APPLICANT: TARGET CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 25`" day of January and on the 8`h day of February, 2005, hold duly noticed Public Hearings to consider a request by Target Corporation to allow the use of temporary metal storage containers to store seasonal merchandise behind the existing Target store at 78-935 Highway 111, more particularly described as follows: APN: 643-020-029, WHEREAS, said Conditional Use Permit 2004-089 is within Specific Plan 87-011 for which Environmental Assessment 02-459 was certified by the City Council on November 26, 2002. 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 findings pursuant to deny approval of said Conditional Use Permit: 1. Consistency with the General Plan: The proposed project is inconsistent with the goals and policies of the General Plan in that the metal storage containers are not an aesthetically functional use at the proposed location within the Regional Commercial District. 2. Consistency with the Zoning Code: The proposed project is inconsistent with the development standards outlined in Section 9.100.120 (Outdoor Storage and Display) of the Zoning Code in that the metal storage containers lack screening (e.g., landscaping- and can obstruct access to the building during emergency situations. Planning Commission Resolution 2005-007 Conditional Use Permit 2004-089 -Target Corporation February 8, 2005 3. Compliance with CEQA: The proposed project is exempt from environmental review in that the project is within Specific Plan 87-011 for which Environmental Assessment 02-459 was certified by the City Council on November 26, 2002. However, health and safety issues arose from the proposed project that were not addressed in the environmental assessment regarding the proposed use and location of metal storage containers, which violate the Building Code. 4. Surrounding Uses: Approval of the Conditional Use Permit will 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 where they cause a violation of the Building Code and create a hazard for emergency vehicles accessing the building in case of emergencies. 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 deny Conditional Use Permit 2004-089 for the reasons set forth in this Resolution; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 8`h day of February, 2005, by the following vote, to wit: AYES: Commissioners Alderson, Ladner, Quill, and Chairman Kirk NOES: None ABSENT: Commissioner Daniels ABSTAIN: None ~iCIRK, Chairman of La Quinta, California Planning Commission Resolution 2005-007 Conditional Use Permit 2004-089 -Target Corporation February 8, 2005 ATTEST: DOUGLA .EVANS Community Development Director City of La Quinta, California