HomeMy WebLinkAboutPC RES 4084RESOLUTION NO. 4084
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
THAT THE TUSTIN CITY COUNCIL APPROVE AN
AMENDMENT TO THE PROSPECT VILLAGE PLANNED
COMMUNITY DISTRICT REGULATIONS (ZONE CHANGE
08-001) TO AMEND VARIOUS SECTIONS OF THE
REGULATIONS RELATED TO COMMERCIAL SERVICE
AND OFFICE USES AND OWNER/PROPRIETOR
OCCUPANCIES AND TO MAKE OTHER MINOR
AMENDMENTS.
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That Zone Change (ZC) 08-001 is a City and Redevelopment Agency-
initiated project undertaken in partnership with the property owner,
Prospect Village LP. ZC 08-001 consists of minor amendments to the
Prospect Village Planned Community District Regulations to allow
commercial service and professional office uses in a maximum of three (3)
of the six (6) live/work units facing Prospect Avenue and to clarify how
owners of restricted units may be permitted to lease the ground floor
portion of the restricted units. Other very minor amendments are also
proposed.
B. That a public hearing was duly called, noticed, and held on said
application on February 26, 2008, by the Planning Commission.
C. Zone Change 08-001 is considered a "project" subject to the terms of the
California Environmental Quality Act ("CEQA") (Pub. Resources Code
§21000 et. seq.).
D. That on May 17, 2004, the Tustin City Council certified the Prospect
Village Final Environmental Impact Report (FEIR). The FEIR is a project
EIR under the California Environmental Quality Act ("CEQA"). The FEIR
considered the potential environmental impacts associated with the
development of the Prospect Village Project.
E. That on February 26, 2008, the Planning Commission adopted Resolution
~ No. 4083, recommending that the City Council adopt findings that Zone
Change 08-001 is within the scope of the previously approved Prospect
Village Final Environmental Impact Report.
Resolution No. 4084
Page 2
F. Zone Change 08-001 is consistent with the Tustin General Plan. The
Land Use Element includes the following City goals and policies for the
long-term growth, development, and revitalization of Tustin:
1. Achieve balanced development.
2. Ensure that compatible and complementary development occurs.
3. Promote economic expansion and diversification.
II. The Planning Commission hereby recommends that the City Council approve
Ordinance No. 1351 adopting amendments to the Prospect Village Planned
Community District Regulations (Zone Change 08-001), attached hereto as
Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin P ~' g commission held
on the 26t" day of February, 2008. ~""~ l~~ ~~~~--.~
JO~IN'NIELSEN
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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. 4084 was duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 26th day February, 2008.
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBITA
TO
RESOLUTION NO. 4084
ORDINANCE NO. 1351
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, ADOPTING AN AMENDMENT TO
THE PROSPECT VILLAGE PLANNED COMMUNITY
DISTRICT REGULATIONS (ZONE CHANGE 08-001)
TO AMEND VARIOUS SECTIONS OF THE
REGULATIONS RELATED TO COMMERCIAL
SERVICE AND OFFICE USES AND OWNER/
PROPRIETOR OCCUPANCIES AND TO MAKE
OTHER MINOR AMENDMENTS.
The City Council of the City of Tustin does hereby ordain as follows:
Section 1. FINDINGS
The City Council finds and determines as follows:
A. That Zone Change (ZC) 08-001 is a City and Redevelopment
Agency-initiated project undertaken in partnership with the property
owner, Prospect Village LP. ZC 08-001 consists of minor
amendments to the Prospect Village Planned Community District
Regulations to allow commercial service and professional office
uses in a maximum of three (3) of the six (6) live/work units facing
Prospect Avenue and to clarify how owners of restricted units may
be permitted to lease the ground floor portion of the restricted
units. Other minor amendments are also proposed. The proposed
amendments are identified in Exhibit 1, attached hereto.
B. That a public hearing was duly called, noticed, and held on said
application on February 26, 2008, by the Planning Commission.
Following the public hearing, the Planning Commission
recommended approval of Zone Change 08-001.
C. That a public hearing was duly called, noticed, and held on said
application on March 4, 2008, by the City Council.
D. Zone Change 08-001 is consistent with the Tustin General Plan.
The Land Use Element includes the following City goals and
policies for the long-term growth, development, and revitalization of
Tustin.
1. Achieve balanced development.
2. Ensure that compatible and complementary development occurs.
3. Promote economic expansion and diversification.
Ordinance No. 1351
Page 2
Section 2. The City Council
sections of the Prospect Villag
Exhibit 1, attached hereto.
Section 3. SEVERABILITY
hereby adopts Zone Change 08-001 to amend various
e Planned Community District Regulations, as identified in
All of the provisions of this ordinance shall be construed together to accomplish the
purpose of the regulations. If any provision of this part is held by a court to be invalid or
unconstitutional, such invalidity or unconstitutionality shall apply only to the particular
facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts,
al! of the remaining provisions of this ordinance shall continue to be fully effective.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting
on the day of , 2008.
JERRY AMANTE
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1351
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 5; that the above and foregoing Ordinance No. 1351 was
duly and regularly introduced at a regular meeting of the Tustin City Council, held on the
4th day of March, 2008, and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the day of , 2008 by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Exhibit 1 to
Draft Ordinance No. 1351
Prospect Village Planned Community
District Regulations
Adopted by the Tustin City Council on May 17, 2004 by Ordinance No. 1284
Amended by the Tustin Cily Council on by Ordinancc No. 13xx
~;,,
Prospect Village Planned Community
DISTRICT REGULATIONS
TABLE OF CONTENTS
1.0
2.0
3.0
Pagt Nxmlxr
INTRODUCTION 3
STATISTICAL SUMMARY 3
LAND USE REGULATIONS 4
3.1 Planning Arca A -Commercial 4
A. Purpose and Intent 4
B. Permitted and Conditionally Permitted Uses 4
C. Prohibited Uses S
D. Temporary Uses G
E. Unlisted Uscs 6
F. Development Standards 6
3.2 Planning Area B 9
A. Purpose and Intent 9
B. Sub Area B-I 9
C. Sub Area B-II 11
3.3 General Development Standards for Planning Areas B-I and B-II 14
A. Building Site 14
B. Grow Density 14
C. Lot Coverage 14
D. Building Setbacks 14
E. Building Height 14
F. Common Area Open Space 14
G. Projections into Required Setbacks 14
H. Fences, Walls, and Hedges 15
I. Private Drive 15
J. Refuse is
K Othu Development Standards 15
3.4 General Parking Requirements for Planning Areas A and B 15
Proapcct Vr7lagr Plavncd Commuaity DreriicrRegulaoaaa Z
4.0 IMPLEMENTATION and ADMINISTRATION 1G
4.1 Responsibility 1G
4.2 Interpretations 1 G
4.3 Subdivisions 1G
4.4 Variances, Conditional Use Permits and 16
Other Discretionary Actions 16
4.5 Amendment to District Regulations 1G
4.6 Enforcement 17
4.7 SeverabiGty Clause 17
..n- ~,
5.0 ZONING EXHIBIT AND CONCEPTUAL DEVELOPMENT PLANS
Exhibit 1: Zoning Eahibit
Exhibit 2: Conceptual Development Plans
18
19
Prospect Village Planned CommuniryDvtnct Regulations
1.0 INTRODUCTION
The regulations set forth in this set of District Regulations for the Prospect Village
Planned Community has been established to satisfy the Planned Community District
requirements of the Tustin City Code and to provide diversification among the relationship
of uses, buildings, and structures in planned building groups. The application of these
regulations is specifically intended to encourage the appropriate use of land and create a
hazmonious commercial and residential development to protect the health, safety, and
welfaze of the community and provide the flexibility needed to create a quality environment.
Development within the Prospect Village Planned Community shall occur consistent
with these Planned Community District Regulations, including the Conceptual Development
Plans contained with Section 5.0.
2.0 STATISTICAL SUMMARY
There are two (2) distinct and separate planning areas provided within the Prospect Village
Planned Community. The land use designations aze shown in Exhibit l with a statistical
summary of each planning area. The development plans for Planning Areas A and B aze
included in Exhibit 2.
Planning Area A -Commercial The site is approximately 7,286 square feet (0.167
net acres) in size aad includes a two-story commercial building comprised of an
approximately 3,000 squaze feet of restaurant use with an approximately 593 squaze-
:.... foot outdoor patio dining azea open to Main Street, 773 square feet of retail space,
three (3) covered puking spaces (721 squaze Feet) on the ground floor, and 4,822
square feet of second floor service and office uses. The Floor Area Ratio (FAR) is "' "'
1:].3.
Planning Area B -Live/Work The site is approximately 32,941 square feet (.756
net acres) in size and is designed to accommodate twelve (12) live/work units at a
density of sixteen (16) dwelling units per acre. The twelve live-work residential units
include: a) six three-story units facing on Prospect Avenue with each having 913
square feet of ground floor retail space with a 2,126 square-foot residential uric is
two levels above; and b) six three-story units ficing the public alley to the west with
each having 431 square feet of ground floor commercal/office space with a 1,862
square-foot residential unit in two stories above.
Noter.
No changes to this Section of the District Regulations would be required with respect to future
changes aad adjustment to the development However, anq new construction, alterations, or
modifications to the development would need to comply with all app&cabk provisions contained
in Section 3.0 and 4.0 of these district Regulations aad dte Tustin General Plan.
The square footage allocations and floor area ratios identified in the Planned Community
Regulations shall govern the overall maximum intensity and scale of development within each
Prospect ViJlase Panned CommunityDismictRe~ulatioos
planning area without the necessity of additional or new environmental documentation. All
acreage data is approxunate and will be refined on a final map and in final development plans.
.e*°
Prvapect Y~age Pfaanad CommunityDtatrictRegn/atevna
3.0 LAND USE REGULATIONS
The land use regulations and development standazds contained within this document act as a
principle part of the controlling mechanism for implementation of the Planned Community
District designation. Standards set forth in this Section will ensure that development within
the Prospect Village Planned Community proceeds in a consistent and appropriate
manner as the community matures.
3.1 Planning Area A -Commercial
A. Purpose and Intent
The commercial component of the Prospect Village Planned Community is
intended to provide for a complementary mi: of specialty retail, restaurant, service
business, and office to achieve a high level of commercial activities and urban vitality
at the easterly gateway to the City's downtown district.
B. Permitted and Conditionally Permitted Uses
The following uses shall be permitted by right or conditionally permitted in
Planning Area A (Main Street Commercial Building) as stated in the following tcxr.
L Ground Floor Permitted Uses
a. Retail uses, when conducted within a building.
• Restaurants (approximately 3,000 square feet with 112 seats) ~ ""
• Outdoor diaing (see page 8 for C-utdoor Seating and C-perational
Standards)
• Bakeries, delicatessens, specialty foods, coffee shops
• Antiques and curios
• Prepared foods stores (ce cream, yogurt, candy, and similar
itcma)
• Clothing/shoes stores
• Geaeral merchandize variety stores
• Specialty stores/antique shops
• New household goods/home furnishings stores
• Florist shops
• Books/stationery stores
• Jewelry scores
• Art shops/galleries
• Musical supplies and instruments
• Video/music stores
Pro~specr Vi~sge P6nned CommuairyDienictReaudvaons 6
b. Service uses, when conducted within a building:
• Barber shops
• Beauty parlors
• Interior decorator
• Locksmith
• Mail services
^ Photography studios
• printing
• Shoe repair
• Tailoring
^ Travel agency
• Real estate office
2. Ground Floor Conditionally Penaittcd Uses
When conducted within a building
• Wholesale bakeries
• Figure modeling studios
• Day spa/massage establishments
^ Pet grooming
^ Pharmacies
^ Alcoholic beverage sales is conjunction with restaurants
subject to the Planning Commission's Guidelines for
,~„ rlkoholic Beverage Sales Establishments
• Wine tasting rooms
3. Second Floor Permitted Uses
When conduced within a building.
• Retail and service uses listed as permitted on the ground floor
• Professional and general offices (excluding medical, dental, or
veterinary offices) up to a total of 4,816 square feet
4. Second Floot Conditionally Permitted Uses
• Retail and retail service uses if listed under conditionally
permitted uses on the ground floor
C. Prohibited Uses
^ Coin-operated Laundromats
• Dry-leaning (on-site} and laundry services
• Medical, dental, or veterinary offices or clinics
Prospect Villasr P/xaned CommuniryDrstrictRegu/aaons 7
• Uses that involve use or storage of hazazdous/explosive materials, cause
offensive odors, and/or generate dust, noise, or excess light
D. Temporary Uses
Temporary uses are subject to provisions of the Tustin City Code.
E. Unlisted Uses
The Duector of Community Development Department may determine similar uses
are permitted, conditionally permitted, or prohibited in Planning Area A or may refer
the matter to the Planning Commission.
F. Development Standards
1. Minimum Tnt Si?e: None
2. I ~,t coveraee: 100-percent, less parking and building setback requirements.
3. 1} iil in 4etbaC c;
a. Front Yard (Facing Main Street): 0 Feet
b. Side Yard (Facing Prospect Avenue and the public alley): 0 Feet
c. Rear Yard (Facing Planning Area B): Ten (10) feet
~.~
d. Storefront entries including door swings shall not enuoach into the
right-of--way to achieve minimum width needed for accessibility
required by the Americans with Disabilities Aa
4. B~ HeiQht: 50 feet, including roof-mounted features and equipment.
5. Fenc Walls and Hedees:
a. No walls or fencing shall be permitted at the right-of--way along
Prospect Avenue, Main Street, ar the public alley to the west, uriless
required by Alcoholic Beverage Control (ABC) standards to enclose
outdoor dining areas.
b. Fences, walls, and hedges at the rear property line separating the
Main Street commercial azea in Planning Area A and the residential
portion of the project in Planning Area B shall not ezceed sin (6) feet
eight (8) inches in height, unless required for noise mitigation and
approved in waling by the Community Development Director.
Prospect Village Planned CommuaityDffitrictRego4aons B
6. S~
All signs are subject to the approved mastu sign plan for the project The
sign plan shall be consistent with provisions of the Tustin Sign Code and
latest adopted California Building Code (CBC) and California Electrical Code
(CEC) and may include the following eaceptions:
a. Projecting signs shall be allowed to project and/or extend beyond the
property line and ova the public right-of--way along Prospect Avenue
and Prospect lane (Alley) with adequate height clearance for
pedestrians, emugrnry vehicles, and refuse tracks, subject to review
and approval by the Community Devdopment Department and City
Engineer and obtaining an encroachment permit from the Public
Works Department
f
All mechanical equipment shall be acoustically shielded if necessary and
architecturally screened from street and adjacent pzoperties in accordance
with Ordinance. No. 12G2, Sec. 2, 11-18-02 of the Tustin City Code. The
regulating, controlling, design, construction, installation, quality of materials,
location, operation, and maintenance of heating, ventilating, cooling,
refrigeration systems, incinerators, and othu miscellaneous heat-producing
appliances shall be in compliance with the latest California Mechanical Code
adopted by the City of Tustin.
~~' $. Trash Encosures
A covued trash enclosure shall be maintained at the southwest coma of the
commucial property integrated within the building design. The trash
receptacles shall be screened from Prospect lane (Alley) and Main Street with
decorative metal gates. The refuse collection area shall be maintained and
kept clean at all times. More frequent refuse service may be required to
prevent nuisances to adjacent properties.
9. Merchandize Display
No muchandize shall be displayed or advertised for sale on or over the
public right-of--way, and outside display of merchandize shall not be
permitted except by approval of a temporary use permit
10. Qlhu Development Standards
Any development standard which is not specifically identified within the
District Regulations or shown on the approved developmrnt plans shall be
subject to the applicable provisions of Section 9233 of the Tustin City Code
or detemination by the Community Development Director.
Prospect Vi!lagr Planned CommunityDisrrictRegulaai~ns
11. Outdoor Seating Desiptt and Operational Standards: The outdoor seating
ueas shall be designed and operated as follows:
• The outdoor uea shall be managed, operated, and maintained as an
integral part of the adjacent food service establishment.
• The hours of operation shall be complementary to the commercial
district standuds.
• Approval of an encroachment permit is required, if the outdoor
seating uea rncroaches into the public right-of--way.
• These shall be no cooking or food preparation in the outdoor dining
uea.
• Outdoor dining fiuniture shall be compatible with the building design
subject to approval of the Community Development Department.
No resin-type furttiture is permitted.
• The layout of outdoor seating shall maintain a clear passage and
emergency exit.
• All barriers for defining the outdoor uea shall be a maximum of
three foot (3) six (6) inches designed to withstand inclement outdoor
weather and ue subject to review and approval by the Community
Development Departmrnt.
• Lighting of the outdoor dining uea shall complement the
uchitectural style of the building and Old Town Tustin. Table lamps
and candles ue encouraged.
• No free standing signs (A frame, etc.) shall be permitted in the
outdoor seating uea
• Water drainage on the public right-of--way is not permitted. All "~
potted plants shall be maintained in a healthy sad vigorous condition.
Saucers or other suitable system to retain seepage into the sidewalk
shall be provided.
• All Orange County Fire Authority requirements shall be complied
with.
• C-utdoor seating uea shall be maintained and clew of litter at all
times. At the and of business day establishments shall clean (sweep
and mop) the ueas in and wound the outdoor dining uea.
Prospect VilGgr Planned CommunityDtstrictRegu/aoions /0
3.2 Planning Area B -Live/Work
A. Purpose and Intent
The live/work component of the Prospect Village Planned Community is
intended to provide twelve (12) live/work units in an urban setting with common
open space for the enjoyment of all residents. Area (B-I) includes the sia (6)
Live/Work units fadng Prospect Avenue and Area (B-II) includes the sia (6)
Live/Work units facing the public alley to the west of the project.
B. Sub Ana B - I - Six (~ Live/Work Units Facing Prospect Avenue
Permitted and Conditionally Permitted Usea
The following uses shall be peunitted by right or conditionally permitted as stated is
the following text:
1. Ground Floor Permitted Uses (Live/Work Units Facing Prospect
Avenue)
a. Retail uses, when conducted within a building
• Restauraats
• Outdoor dining (sec outdoor dining standards for Planning Area A)
• Bakeries, delicatessens, speaalty foods, coffee shops
~, • Antiques and curios
• Prepared foods stores (ce cream, yogurt, candy, and similar items)
• Clothing/shoe stores
• Grneral merchaadize variety stores
• Specialty stores/antique shops
• New household goods/home furnishings stores
• Florist shops
• Books/sbtionary stores
• Jewelry stores
• Art shops/galleries
• Musical supplies and instruments
• Video/music stores
b. Service businesses such as:
• Barbershops
• Beauty parlors
• Interior decorator
• printing
• Locksmith
Prospect ViQa~r Planned Community Drsdict Regudvdon~ Il
• Photography studios
• Mail services
• Dry cleanine,;~nrovided no on-site clearing is done/tailoring
• Shoe repair
• Travel agency
• Real estate office
• Telephone answering service/office support services
c. General or professional office uses excluding medical and dental offices -- - - !'ormatbed: Numbered + level: 1 ~
veterinary offices and 1~cs SL7bj t o specific use Lm;t?tions contained ~"~~ ~~ a, b, c, ... + Start aC 1 +
in Subsection B.S. A1l9rwr>er~ ~ + ~ 1.5" + Tab aitzr:
1.5" +.Inderk at: 1.75"
2. Ground Floor Conditionally Permitted Uses (Live/Work Units Facing
Prospect Avenue)
When conducted within a building:
• Figure modeling studios
• Day spa/massage establishments
• Pet grooming
• Pharmacy
3. Second/Third Floor Permitted Uses (Live/Work Units Facing
Prospect Avenue)
Whrn conducted withia a building.
• Single family residential
• Home occupation is accordance with Tustin City Code Section 9297
4. Prohtbited Uses (Live/Work Units Facing Prospect Avenue)
• Coln-operated Laundromats
I • Dry-cleaning ~e-site) and hundry suvices done on-site
• edical, dental, or vetennary offices or
clinics
• Uscs that involve use or storage of hazazdous/explosive materials,
cause offensive odors, and/or generate dust, noise, or excess light.
*** Unlisted uses aze not to be assumed to be permitted or conditionally
permitted.
5. Use Limitations
Prosprct Village Planaed CommuaiyDuaictRegulaanna !Z
than three (~) of the sit (¢) units faanp, Prospect Avenue shall be rey ~ r j
have ground floor uses that contain re ail uses onl_~.
Chvn ers of Live-Wo rk Units identified as Lot 8 of Tract 1648 1 locate d at 292
Pros pect A venue an d Lot 13 of Tract 164 81 located at 272 Pr ospect Aven ue.
shall be pe mitted to lease the ground flo or nortion of the L ive-Wo rk U nits
~vjt_h out re qui_*ement s for additional parl~ n~r("UrLestricted Ut uts"l.
Thr remairLn~r f~_(4j units fadn~; Prospect Avenue in Sub-Area B-I. shad
be designated as "Restricted Units" ort the ~ roved plans. Owners of these
_R_esLicted Units may b.~-permitted to Iease the ~o~d flcx~r ~rtion of the
Live-Work Units provided the Owner has secured additional trdrking. by
recorded insLn~ment approved by the Tustin Redevei_opment Ag~~y car
secured additiotL_i ~ arir'n$ as req •~r d by t_he Tustin City Gcxle based on the
si?e of the Around floor use. the pr_rttitted use of Lh_e ~°,r ~ ~nc~ d fl,_ cx~r (}.e. reta+i
commercial service ~r professional_ office use) as annficable and the
a~ditional mil; which would be reged for such use if the Lve-~X/ork
Unit is not Owner Occupied on the ground floor.
None of the rest_r+'ctions con a ~2Pd herein are designed to reduce the
flexiblhtro avai-able to an Owner of a Restricted Uiit from being; an Lhvner
S?~ac pier of the ground floor spa ce of a Unit subject to the ground floor use
restrictions identified herein and f or Sub-Area B-I.
6. Unlisted Uses
The Director of the Community Development Department may determine
similar uses are persnitfed, conditionally permitted, or prohibited is Planning
Area A or may refer the matter to the Planning Commission.
Temporary Uses
Temporary uses are subject to provisions of Tustin City Code.
C. (B-II) Permitted and Conditionally Permitted Uses
Six (6) Live/Work Units Facing Public Alley
Prospect Yrl4~e Planned CommuairyDistrictRe~aont l3