HomeMy WebLinkAboutPC RES 4159RESOLUTION NO. 4159
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING USE DETERMINATION 10-003 TO ALLOW A
HYDROPONICS AND INDOOR GARDENING SUPPLY STORE AS A
CONDITIONALLY PERMITTED USE IN THE CENTRAL COMMERCIAL,
HEAVY COMMERCIAL, AND COMMERCIAL GENERAL ZONING
DISTRICTS.
The Planning Commission does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That a proper application for Use Determination 10-003 was filed by Nic
Seid to request a use determination from the Planning Commission for the
establishment of a hydroponics and indoor gardening supply store use at
365 EI Camino Real.
B. According to Tustin City Code (TCC) Section 9233, hydroponics and indoor
gardening supply store is not a listed use in the Central Commercial (C-2),
Heavy Commercial (C-3) and Commercial General (CG) zoning districts
and requires a use determination by the Planning Commission as stated in
TCC Sections 9233a, 9233c, 9234a, 9234c, 9235a and 9235c.
C. The Planning Commission finds that approval of a use determination to
allow a hydroponics and indoor gardening supply store as a conditionally
permitted use in the C-2, C-3 and CG zoning designations can be
supported by the following findings:
1) The proposed use is consistent with the intent of commercially
designated districts.
2) The proposed use is similar to other specialty retail stores which are
conditionally permitted uses within the C-2, C-3 and CG Districts.
3) The proposed use is subject to TCC Section 9298f regarding uses
being consistent with local, state and federal laws.
4) The proposed use would not have a detrimental effect on the public
health, safety, and general welfare of the community in that the
proposed use could be appropriately conditioned as follows:
a. The use shall be limited to retail sales of supplies and
equipment for hydroponics and indoor gardening.
b. Business hours shall be compatible with the hours of other
businesses in the area.
Resolution No. 4159
September 28, 2010
Page 2
c. Window areas shalt not be covered or made opaque in any way
except as allowed under Tustin Code Section 9403e8 regarding
window signs.
d. "No Loitering" signs shall be placed near the entrance on the
outside of the premises or in other specified locations and in
accordance with any applicable local, State and Federal
regulations.
e. The use shall operate in compliance with Tustin City Code
Section 9298f regarding uses being consistent with local, state
and federal taws.
f. The use may be reviewed on an annual basis, or more often if
necessary, by the Community Development Director. The
Community Development Director shall review the use to
ascertain compliance with conditions of approval. If the use is not
operated in accordance with the conditions of approval, or is
found to be a nuisance or negative impacts are affecting the
surrounding tenants or neighborhood, the Community
Development Director shall impose additional conditions to
eliminate the nuisance or negative impacts or may initiate
proceedings to revoke the Conditional Use Permit.
5) A Conditional Use Permit would allow a proposed hydroponics and
indoor gardening supply store to be considered on a case-by-case
basis.
D. That this project is exempt pursuant to Section 15061(b)(3) of the California
Environmental Quality Act.
II. The Planning Commission hereby approves Use Determination 10-003 to allow a
hydroponics and indoor gardening supply store use in C-2, C-3, and CG Districts,
with a conditional use permit subject to approval by the Planning Commission.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular
meeting on the 28th day of September, 2010.
~~~~
~,/ EL ZABETH A. BINSACK
Planning Commission Secretary
J HOMPSON
Chair Pr Tem
Resolution No. 4159
September 28, 2010
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 4159 was duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 28th day of September, 2010.
IZABETH A. BINSACK
Planning Commission Secretary