PC Resolution 2012-027PLANNING COMMISSION RESOLUTION 2012-027
' A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA. ALLOWING THE USE OF
FOUR (4) TEMPORARY METAL STORAGE CONTAINERS
DURING THE 2012 HOLIDAY SEASON
CASE NO.: CONDITIONAL USE PERMIT 2012-145
APPLICANT: TAIT & ASSOCIATES, INC.
WHEREAS, the Planning Commission of the City of La Quinta,
California, did, on the 23rd day of October 2012, hold a duly noticed Public
Hearing to consider a request by Tait & Associates, Inc. to allow four
temporary outdoor metal storage containers from October 23, 2012 through
January 15, 2013, to be located on the southwest side of the existing Wal-
Mart store, for the storage of holiday merchandise at 79-295 Highway 111,
more particularly described as follows:
APN: 600-340-027
Parcel 1 of Tract Map 30420
WHEREAS, said Conditional Use Permit 2012-145 is consistent with
Specific Plan 97-029, as the proposed use of storage containers is temporary
and accessory to a primary use approved and authorized under the existing
Specific Plan; and,
WHEREAS, the temporary use of storage containers is categorically
exempt from environmental review pursuant to provisions of Section
15304[E] (Class 4) of the California Environmental Quality Act (CEQA), in
that the proposal constitutes a minor temporary use of land having no
permanent effect on the environment; 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 temporary use is
consistent with the goals and policies of the General Plan in that the
property is designated Regional Commercial which is consistent with
the temporary use proposed by this application.
Planning Commission Resolution 2012-027
Conditional Use Permit 2012-145
October 23, 2012
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 which have
been screened and placed away from traffic and pedestrians at the
rear of the building.
3. Compliance with CEQA: The La Quinta Planning Department has
determined that this application is categorically exempt from
environmental review pursuant to provisions of Section 15304[E]
(Class 4) of the California Environmental Quality Act (CEQA). The
proposal constitutes a minor temporary use of land having no
permanent effect on the environment.
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 temporary and
will be placed in areas away from customer and delivery traffic and
public views. The adjacent properties are designated and zoned for
commercial use 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:
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 2012-145 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 23rd day of October, 2012, by the
following vote, to wit:
AYES: Commissioners Alderson, Weber, Wilkinson, and Chairperson
Barrows
NOES: None
Planning Commission Resolution 2012-027
' Conditional Use Permit 2012-145
October 23, 2012
ABSENT: Commissioner Wright
ABSTAIN: None
9� 67�
KATIE BARROWS, Chairwoman
City of La Quinta, California
Q
JOHNSON
Planning Director
City of La Quinta, California
IPLANNING COMMISSION RESOLUTION 2012-027
CONDITIONAL USE PERMIT 2012-045 WAL-MART
CONDITIONS OF APPROVAL - ADOPTED
October 23, 2012
GENERAL
1. The use of this site shall be in conformance with the approved exhibits
contained in Conditional Use Permit 2012-145, unless otherwise amended by
the following conditions.
2. This Conditional Use Permit allows a total of four (4) temporary metal storage
containers to be located at the southwest corner of the property at 79-295
Highway 111, to be used for the storage of holiday merchandise between until
January 15, 2012.
3. The storage containers and screening enclosure shall be removed and the site
shall be cleared of all materials and restored to its original condition no later
January 15, 2012.
4. All containers shall be kept at least 60 feet away from the building at all times.
Any storage containers or materials which are placed within the 60 foot
building clearance area or obstruct a fire access lane shall be relocated upon
notice from the Fire Marshal or Code Compliance.
5. The outdoor storage area shall be maintained and kept clean of debris at all
times. Graffiti or vandalism shall be removed or repaired within 48 hours of
notice.
6. All stored materials shall be secured within the enclosed metal storage
containers.
7. 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.