HomeMy WebLinkAboutCC RES 10-107RESOLUTION NO. 10-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DENYING USE DETERMINATION
10-003 TO ALLOW HYDROPONICS AND INDOOR
GARDENING SUPPLY STORE USES IN COMMERCIALLY
ZONED DISTRICTS
The City Council does hereby resolve as follows:
I. The City Council 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. That the subject property is located within the Central Commercial (C-2)
District, the Cultural Resources (CR) overlay District and within an area
designated by the General. Plan as Old Town Commercial.
C. That 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.
D. That a public meeting was held for Use Determination 10-003 on September
28, 2010, by the Planning Commission, at which time the Planning Commission
adopted Resolution No. 4159, approving Use Determination 10- 003.
E. That on October 7, 2010, Mayor Pro Tem Nielsen submitted a Request for a
Hearing of the Planning Commission's approval of Use Determination 10-003.
F. A public hearing was duly called, noticed, and held for Use Determination 10-
003 on November 16, 2010, by the City Council.
G. That the establishment, maintenance, and operation of the proposed use will,
under the circumstances of this case, be detrimental to the health, safety, morals,
comfort, or general welfare of the persons residing or working in the
neighborhood of such proposed use, be injurious or detrimental to the property
and improvements in the neighborhood of the subject property, or to the general
welfare of the City of Tustin in that:
1. The proposed use is not consistent with the intent of commercially
designated districts in that the proposed use is more compatible with
Resolution 10-107
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industrial/manufacturing supplies businesses.
2. The proposed use is not compatible with uses encouraged in the CR
District in that the proposed use is a destination or a specialty store which
do not encourage pedestrian activities as envisioned for Old Town Tustin.
3. The proposed use is not consistent with other authorized and
encouraged uses in the CR District, in which the interest is to create a
commercial village atmosphere.
H. That the Community Development Director has reviewed the project's
potential effects on the environment, and has recommended that the project be
found statutorily exempt in accordance with Section 15270 of the California
Public Resources Code, which specifies that the California Environmental Quality
Act does not apply to any project that the public agency rejects or disapproves.
II. The City Council hereby denies Use Determination 10-003 to allow hydroponics and
indoor gardening supply store uses in commercially zoned districts.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on
the 16th day of November, 2010.
ATTEST:
PA ELA STOKER
City Clerk
Resolution 10-107
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 10-107 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 16th day
of November 2010, by the following vote:
COUNCILMEMBER AYES: Amante, Nielsen, Davert, Palmer, Gavello (5)
COUNCILMEMBER NOES: None (d)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
PAMELA STOKER
City Clerk
Resolution 10-107
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