HomeMy WebLinkAboutPC RES 4045
RESOLUTION NO. 4045
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT
THE CITY COUNCIL APPROVE CODE AMENDMENT 06-007
ADDING SUBSECTION d TO SECTION 9270 AND
SUBSECTION f TO SECTION 9298 OF THE TUSTIN CITY
CODE, RELATING TO THE ESTABliSHMENT OF
PROHIBITED USES IN ALL ZONING DISTRICTS.
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission linds and determines:
A. That the addition of specific zoning provisions prohibiting illegai uses will
make it easier for the City to address the permissibility of such uses in
situations where Ihere may be a conflicl between local, slate, or federal law.
B. That the purpose and intent of this ordinance prohibiting illegal uses,
including medical marijuana dispensaries, is 10 promole Ihe health, safety,
morais, and general welfare of Ihe residents and businesses wilhin the City.
C. That Ihe Ordinance is declaratory of existing law and intent of the current
Tustin City Code.
D. Thai Ihis ordinance is not subject to the California Environmenlal Quality Act
("CEQA") pursuant to Title 14, California Code of Regulations, Sections
15060{c)(2) (the activity will not result in a direct or reasonabiy foreseeable
indirect physical change in the environment) and 15060(c)(3) (Ihe activity is
not a project as defined in Seclion 15378) because il has no potential for
resulting in physicalchangetotheenvironmenl, directly or indirectly.
E. That on November 13, 2006, a public hearing was duly noticed, called, and
held on Code Amendment 06-007 by the Planning Commission.
II. The Planning Commission hereby recommends that the City Council approve Ihe
ordinance adopting Code Amendment 06-005, attached hereto as Exhibil A.
PASSED AND ADOPTED by Ihe Planning Commission of Ihe City of Tuslin at a regular
m"tm, h,ld" th, 13th d,yof No",m'", 2006BA~f-
8~~1 ~7;2.~a! Chairperson l
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 4045
Page 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 55
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, 4045 was duly passed and adopted at the regular meeting of the Tustin
Planning Commission, held on the 13th day of November, 2006.
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ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A TO RESOLUTION NO. 4045
ORDINANCE NO. 1322
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
ADDING SUBSECTION d TO SECTION 9270 AND
SUBSECTION f TO SECTION 9298 OF THE TUSTIN CITY
CODE, RELATING TO THE ESTABLISHMENT OF
PROHIBITED USES IN ALL ZONING DISTRICTS.
The City Council of the City 01 Tustin, California, finds and determines as follows:
A. The City Council 01 the City of Tustin finds that the addition 01 specific
zoning provisions prohibiting illegal uses will make it easier for the City to address the
permissibility 01 such uses in situations where there may be a conflict between local,
state, or federal law.
B. The City Council's purpose and intent of this ordinance prohibiting illegal
uses, including medical marijuana dispensaries, is to promote the health, safety, morals
and general welfare 01 the residents and businesses within the City.
C. The City Council finds that this Ordinance is declaratory 01 existing law
and intent 01 the current Tustin City Code.
D. This Ordinance is categorically exempt from environmental review
pursuant to CEQA Guidelines Section 15061(C}(2).
The City Council 01 the City of Tustin ordains:
Section 1. Subsection d is added to Section 9270 of the Tustin City Code to read:
d Prohibited Uses
Any use that is not expressly permitted in a district as a permitted use or as a
conditionally permitted use, including a use in a district determined to be similar in
character to a particular use allowed in such district as provided in this Code, shall be
deemed a prohibited use and such use shall not be allowed in such district.
Section 2. Subsection f is added to Section 9298 of the Tustin City Code to read:
f Consistency With All Laws
Notwithstanding any provision 01 this Code to the contrary, any use, entitlement,
authorization, license, or permit allowed or issued under this Code, including without
limitation any accessory or ancillary use, shall be consistent with applicable state and
federal law. Any use or activity that is illegal under local, state, or lederallaw shall be
deemed a prohibited use in all districts within the City.
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Section 3. The provisions of this Chapter are declared to be separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
Ordinance, or the invalidity of the application thereof to any person or circumstance
shall not affect the validity of the remainder of this Ordinance, or the validity of its
application to other persons or circumstances.
Section 4. This Ordinance shall become effective at 12:01 am on the thirty-first day
after passage.
PASSED, APPROVED, AND ADOPTED this _ day of 2006.
DOUG DAVERT, MAYOR
ATTEST:
PAMELA STOKER, CITY CLERK
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CITY ATTORNEY
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ORDINANCE CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
ORDINANCE NO. 1322
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does 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 Ordinance was passed
and adopted at a regular meeting of the City Council held on the _ day of
,2006, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
PAMELA STOKER, CITY CLERK
Published:
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