PCRES 2007-044PLANNING COMMISSION RESOLUTION 2007-044
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA, ALLOWING
TWO TEMPORARY OUTDOOR METAL STORAGE
CONTAINERS FROM OCTOBER 15, 2007 THROUGH
JANUARY 4, 2008, AT THE REAR OF THE EXISTING
PETSMART STORE
CASE NO.: CONDITIONAL USE PERMIT 2007-106
APPLICANT: PETSMART STORE # 1230
WHEREAS, the Planning Commission of the City of La Quinta,
California, did, on the 13" day of November 2007, hold a duly noticed Public
Hearing to consider a request by PetSmart Store #1230 to allow two temporary
outdoor metal storage containers from October 15, 2007 through January 4, 2008,
on the east side of the existing PetSmart store, within the truck delivery area, for
the storage of holiday merchandise at 79-375 Highway 1 1 1, more particularly
described as follows:
APN: 600-340-024
Parcel 5 of Tract Map 30420
WHEREAS, said Conditional Use Permit 2007-106 is within Specific
Plan 97-029 for which Environmental Assessment 1997-337 was certified by the
City Council on July 15, 1997. 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:
Consistency with the General Plan: The proposed temporary use 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 temporary use 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 at the rear of the building.
Planning Commission Resolution 2007-044
Conditional Use Permit 2007-106 PetSmart
November 13, 2007
3. Compliance with CEQA: The proposed temporary use is in compliance with
CEQA in that the project area lies within Specific Plan 97-029 for which
Environmental Assessment 1997-337 was certified by the City Council on
July 15, 1997. 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 Centre at La Quinta Shopping Center.
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
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 2007-106 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 13`" day of November, 2007, by the
following vote, to wit:
AYES: Commissioners Barrows, Engle, Wilkinson, and Chairman Alderson.
NOES: Commissioner Quill
ABSENT: None
ABSTAIN: None
ED ALDERSON, Chairman
City of La Quinta, California
Planning Commission Resolution 2007-044
Conditional Use Permit 2007-106 PetSmart
November 13, 2007
ATTEST:
eES J6HNSON, Planning Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2007-044
CONDITIONAL USE PERMIT 2007-106 PETSMART
CONDITIONS OF APPROVAL -FINAL
NOVEMBER 13, 2007
GENERAL
1. The use of this site shall be in conformance with the approved exhibits
contained in Conditional Use Permit 2007-106, unless otherwise amended by
the following conditions.
2. This Conditional Use Permit allows a total of two (2) temporary metal storage
containers to be located at the rear of the building to be used for the storage
of holiday merchandise between October 15, 2007 and January 4, 2008. The
storage containers shall be removed by January 5, 2008.
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. The outdoor storage area shall be cleaned daily of debris and litter.
5. All storage shall be within the enclosed metal storage containers.
6. 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.