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PC Resolution 2013-029PLANNING COMMISSION RESOLUTION NO. 2013 - 029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ALLOWING THE USE OF FIVE (5) TEMPORARY METAL STORAGE CONTAINERS DURING THE 2013 AND 2014 HOLIDAY SEASONS CASE NO.: CONDITIONAL USE PERMIT 2013-154 WITH A CATEGORY 4(E) CEQA EXEMPTION APPLICANT: TAIT & ASSOCIATES, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 261" day of November 2013, hold a noticed Public Hearing to consider a request by Tait & Associates, Inc. to allow five temporary outdoor metal storage containers from November 27, 2013 through January 15, 2014, and from October 31, 2014 through January 15, 2015, to be located southwest of the existing Wal-Mart store, for the storage of holiday merchandise at 79295 Highway 1 1 1 , more particularly described as follows: APN: 600-340-027 Parcel 1 of PM 30420 WHEREAS, said Conditional Use Permit 2013-154 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, per requirements of the La Quinta Municipal Code, notice of the hearing was posted at three public places (Stater Brothers Market, La Quinta Post Office, and La Quinta City Hall) along with the project site, said notice also having been mailed to all property owners within 500 feet of the site; 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 Planning Commission Resolution No. 2013 - 029 Conditional Use Permit 2013-154 Walmart Adopted: November 26, 2013 Page: 2 property is designated Regional Commercial which is consistent with 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 which have been screened and placed away from traffic and pedestrians at the rear of the building. 3. Compliance with CEQA: The La Quinta Community Development 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: SECTION 1. That the above recitations are true and correct, and constitute the findings of the Planning Commission for this Conditional Use Permit; SECTION 2. That it does hereby approve Conditional Use Permit 2013-154 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 261" day of November, 2013, by the following vote: AYES: Commissioners Blum, Wilkinson, Wright, and Chairperson Barrows Planning Commission Resolution No. 2013 - 029 Conditional Use Permit 2013-154 Walmart Adopted: November 26, 2013 Page: 3 10 M ► rem ABSENT: Commissioner Weber ABSTAIN: None - cj-�M"� - I(Atlt BARROWS, Chairperson City of La Quinta, California ATTES LFS JOYNSIC tf � Comm nity Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION NO. 2013 - 029 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2013-154 TAIT & ASSOCIATES, INC. NOVEMBER 26, 2013 Page 1 of 1 GENERAL The use of this site shall be in conformance with the approved exhibits contained in Conditional Use Permit 2013-154, unless otherwise amended by the following conditions. 2. This Conditional Use Permit allows a total of five (5) temporary metal storage containers to be located at the southwest corner of the property at 79295 Highway 1 1 1 , to be used for the storage of holiday merchandise for the following periods of time • November 27, 2013 through January 15, 2014 • October 15, 2014 through January 15, 2015 Conditional Use Permit 2013-154 shall expire on January 16, 2015. 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 than the end date of January 15 of each approval period. 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 materials stored within the containers shall be secured. 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.