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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING USE DETERMINATION 2012-
03 TO ALLOW A THRIFT STORE WITH ANCILLARY
DONATION AREA AS A CONDITIONALLY PERMITTED USE
WITHIN THE COMMERCIAL LAND USE DESIGNATIONS OF
THE FIRST STREET SPECIFIC PLAN.
The Planning Commission does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. A proper application for Use Determination 2012-03 was filed by
Randy Taylor of Goodwill Industries of Orange County requesting
authorization to establish a thrift store with ancillary donation area
as a conditionally permitted use within the commercial land use
designations of the First Street Specific Plan.
B. The proposed use is not listed as a permitted, conditionally
permitted, or prohibited use within the First Street Specific Plan.
Therefore, a Use Determination is necessary to decide if the
proposed use would be permitted, conditionally permitted, or
prohibited in the First Street Specific Plan.
C. That a public hearing was duly called, noticed, and held for Use
Determination 2012-03 in conjunction with Conditional Use Permit
2012-09 on August 28, 2012, by the Planning Commission.
D. That approval of Use Determination 2012-03 to allow for a thrift store
with ancillary donation area as a conditionally permitted use within
the commercial land use designations of the First Street Specific
Plan can be supported by the following findings:
1) Thrift stores with donation areas and secondhand sales are
conditionally permitted in other commercial districts within the
City.
2) The primary use of a thrift store with donation area is retail
sales. The donation area would be an ancillary use to the retail
component. No traffic impacts are anticipated to result from the
proposed use as it is a primarily retail use located in a
commercial land use designation.
3) Due to the potential for nuisance associated with a donation
area, it is appropriate to require approval of a conditional use
permit to ensure proper operation and maintenance of the
facilities.
Resolution 4200
LID 2012-03
Page 2
4) The proposed use would be considered on a case-by-case
basis and subject to the conditional use permit process and
public noticing requirements. Projects would be conditioned to
ensure that there would be no adverse impacts on the existing
neighborhoods.
E. That the proposed Use Determination is exempt from
environmental review under the California Environmental Quality
Act ("CEQA") pursuant to Section 15061(b)(3) of the California
Code of Regulations Title 14, Chapter 3 (Guidelines for the
California Environmental Quality Act). There is no possibility that
the proposed Use Determination may have a significant effect on
the environment, therefore the activity is not subject to CEQA.
II. The Planning Commission hereby approves Use Determination 2012-03 to
allow a thrift store with ancillary donation area as a conditionally permitted
use within the commercial land use designations of the First Street Specific
Plan,
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a
regular meeting on the 28" day of August, 2012.
10 10
,S6TEV`E KOZAK
Chairperson
ELIZABETH A. BfN7SACK
Planning Commission Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4200
was duly passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 28th day of August, 2012.
ELIZABETH A. BINSACK
Planning Commission Secretary