HomeMy WebLinkAboutCC RES 12-85A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING USE DETERMINATION 2012-03 TO
ALLOW RETAIL STORES SELLING NEW AND PREVIOUSLY
USED GOODS AND CLOTHING WITH ANCILLARY
DONATION AREAS AS A CONDITIONALLY PERMITTED USE
WITHIN THE COMMERCIAL LAND USE DESIGNATIONS OF
THE FIRST STREET SPECIFIC PLAN.
1. The City Council of the City of Tustin does hereby finds and resolves 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 retail store selling new and previously used goods and clothing
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 on August 28, 2012, the Planning Commission adopted Resolution
Nos. 4200 and 4201, approving Use Determination 2012-03 and
conditionally approving Conditional Use Permit 2012-09.
E. That on September 4, 2012, an appeal of the Planning Commission's
decision to approve Use Determination 2012-03 and Conditional Use
Permit 2012-09 was filed by Councilmember Gavello.
F. That a public hearing was duly called, noticed, and held for said appeal on
October 2, 2012, before the City Council.
G. That approval of Use Determination 2012-03 to allow for retail stores selling
new and previously used goods and clothing with ancillary donation areas
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) Existing retail stores selling previously used goods and clothing with
Resolution 12-85
Page 1 of 3
ancillary donation areas have been conditionally permitted in other FIVIN
commercial districts within the City. IN
07
2) The primary use of the proposed retail store selling new and
previously used goods and clothing with ancillary 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.
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.
H. 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.
11. The City Council hereby approves Use Determination 2012-03 to allow retail
stores selling new and previously used goods and clothing 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 City Council of the City of Tustin, at a regular
meeting on the 2nd day of October, 2012. is
Resolulh 0
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ATTEST:
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PAMELA STOKER-,--- -
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
1, 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. 12-85 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of
October, 2012 by the following vote:
Resolution 12-85
Page 3 • 3
Nielsen, Murray, Amante, Gomez (4)
Gavello (1)
None (01
None (n,
COUNCILMEMBERS AYES:
COUNCILMEMBERS NOES:
COUNCILMEMBERS ABSTAINED:
COUNCILMEMBERS ABSENT:
�' 0 /6�
16 Z 111
PAMELA STOKER/
City Clerk
Resolution 12-85
Page 3 • 3
Nielsen, Murray, Amante, Gomez (4)
Gavello (1)
None (01
None (n,