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HomeMy WebLinkAbout01 ZC 08-001 PROSPECT VILLAGE 03-04-08AGENDA REPORT MEETING DATE: MARCH 4, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: ZONE CHANGE 08-001 -AMENDMENTS TO THE PROSPECT VILLAGE PLANNED COMMUNITY DISTRICT REGULATIONS SUMMARY: Zone Change 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 the process by which owners of restricted units may be permitted to lease the ground floor portion of the restricted units. Other minor amendments are also proposed. On February 26, 2008, the Planning Commission adopted Resolution No. 4084, recommending that the City Council approve Zone Change 08-001. Applicant: City of Tustin/Community Redevelopment Agency RECOMMENDATION: That the City Council: 1. Adopt Resolution No. 08-21 finding that Zone Change 08-001 and the Second Amendment to the Disposition and Development Agreement by and between the Tustin Community Redevelopment Agency and Prospect Village LP are within the scope of the previously approved Prospect Village Final Environmental Impact Report (FEIR). 2. Introduce and have first reading, by title only, of Ordinance No. 1351 adopting amendments to the Prospect Village Planned Community District Regulations (Zone Change 08-001), attached to Ordinance No. 1351 as Exhibit 1, and set for second reading at the Council's next scheduled meeting. FISCAL IMPACT: Zone Change 08-001 is a City/Community Redevelopment Agency-initiated project. Other than minor fiscal impacts associated with the staff resources required to process the Zone Change, there is no direct fiscal impact associated with the proposed Zone Change. City Council Report March 4, 2008 Page 2 ENVIRONMENTAL: 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. Subsequently, the City prepared an Environmental Analysis checklist to evaluate the potential environmental impacts associated with Zone Change 08-001 and the Second Amendment to the Disposition and Development Agreement by and between the Tustin Community Redevelopment Agency and Prospect Village LP. The Environmental Analysis checklist demonstrates that all potential impacts of the project were addressed by the certified FEIR and no additional impacts have been identified. BACKGROUND: On May 17, 2004, the Tustin City Council and Tustin Community Redevelopment Agency (the "Agency") conducted a joint public hearing and approved the Prospect Village Project (the "Project"), which included the construction of a 9,300 square foot two-story commercial building and twelve (12) live/work units at the northwest corner of Main Street and Prospect Avenue. The approximately one-acre project site is bordered by Third Street on the north, Prospect Avenue on the east, East Main Street on the south, and a public alley on the east. At that time, the Tustin City Council approved a General Plan Conformity Finding for the disposition of the site; introduced an ordinance approving a zone change from Central Commercial and Parking Overlay (C2-P) to Planned Community (PC) and to establish Planned Community District Regulations; approved a tentative tract map, design review, and conditional use permit; and approved the sale of Agency-owned property. Furthermore, the Tustin Community Redevelopment Agency approved Disposition and Development Agreement (DDA) 04-01 between the Agency and Prospect Village, LP. On May 17, 2004, the Tustin City Council also certified the Prospect Village Final Environmental Impact Report (FEIR) as complete and adequate pursuant to the California Environmental Quality Act and adopted Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring Program for the Project. DISCUSSION: Zone Change 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 the process by which owners of restricted units may be permitted to lease the ground floor portion of the restricted units. Other minor amendments are also proposed. City Council Report March 4, 2008 Page 3 According to existing Planned Community Regulations, general, professional, medical, dental, and veterinary offices are currently listed as prohibited uses in the live/work units facing Prospect Avenue. Various retail and service businesses are permitted. The property owner/developer has indicated to City and Agency staff that some relaxation of the office restrictions in the live/work units facing Prospect Avenue would improve the marketability of the units based on the types of businesses operated by the prospective buyers who have expressed interest in Prospect Village. Of the twelve (12) live/work units, a minimum of ten (10) units are required to be owner/proprietor-occupied on all floors. These ten (10) units are referred to as the "Restricted Units." Pursuant to the Planned Community Regulations, the owners of the Restricted Units have the ability to obtain Redevelopment Agency and City approval to lease the commercial portion of the unit, provided the owner secures additional parking and records an instrument or agreement approved by the Agency and the City. The proposed amendments clarify which units are the Restricted Units and the process by which owners may obtain approval to lease the ground floor commercial space. These provisions will be included in the Second Amendment to the Disposition and Development Agreement by and between the Tustin Community Redevelopment Agency and Prospect Village, LP, which will be considered by the Redevelopment Agency following the City Council's consideration of Zone Change 08-001. On February 26, 2008, the Planning Commission adopted Resolution Nos. 4083 and 4084, recommending that the City Council find that Zone Change 08-001 is within the scope of the Prospect Village FEIR and that the City Council approve Zone Change 08- 001. A decision to approve Zone Change 08-001 may be supported by the findings contained in Resolution No. 08-21 and Ordinance No. 1351. Scott Reekstin Senior Planner Elizabeth A. Binsack Community Development Director Attachments: A. Location Map B. Planning Commission Resolution Nos. 4083 and 4084 C. City Council Resolution No. 08-21 D. Ordinance No. 1351 ATTACHMENT A LOCATION MAP ~CATICN ~VIAP VO. S l91 E. Main Street 270-292 Prospect Avenue Project Location ~ I I v y i ~ ~I I ' ' I J l I i I ) I ~ ' M.T en1eR }IY! ! 4 ! '~ ? A g~ I„f (,r I e ~ s c; ~C !I~ ~' 4 i ,,. ILA' i . ~ :: ; .:. 7 @ ! .a I I ,. I . ,>e I L ~:il ~ 3sii:: :' 9 j •M n W I ~ i ` _l__ A '. i i Tb L' }} ,r ' cFPPFFIPCE ~ G ~ T ~ ~ Y _ ~8 . I a w .Y [:xJM'T P w ff r P,RM » ,Y r r i ; ,~f ,, ~S \ tl 7 S _ s _ r ~ ++[l A ,1! ,A ,1f 1 I~ ~ , f'mfl rfYf ~ x •t. , .f•-u-r y I Imo- I ,~ ftl frT~ ~,rf-,r ~ ! I s ~ , e,. ~ i~j_! 8£?ISI '" d~ :t t~.f9:~1!!'- 11~I~1'1 :' :"; ,r ` '•."..~ j i I ''° !j• ;: ._.. f.,uT i r. Rt oror n~snN A Y y~ ~:= --~ ~-CC-~---C ' r j ~ I :, m ri i ! ! Y' 9 ~ ,m i I seNioa csNre~ ~-" i -":~• .j-~ zo~cs ~numm ~ 1 ~ :• ~ ~// m of i ~ ~ ~ ~' fmw inmTm :rl ;~ ....„ c:rr NIIY r I ''-=/ ! ii }i ~ ~ s.xoot ootwcr ~ ~_ ~~„-'t-~ ~z~a ~ ~ y gfr If ~~ F "sj i i i i of He ,,~NiN19TYAT10N BU0D010 '~ +ar ff~ :~.!3~319~ z ildjS 'w ~ 4_ ffrT :a~b, i ii= I! 5~ ~ ~ r. I ~ I lyl I I a ;~F,., I~ I M ::xx,ur 1 I~--~ i~ ~Id it gi 3li £ I ! ~~"f s(~•"' ~ IIl- i~~"sl: i o/ ~1 .~~ L- -~ '.'=n- -- ,s f,een J eTllelT !il a ~li ei,f19131'~ ? !~+! ~' j "~ Isit ~a 3:? . I ~ _~_.°•.,cvi }-- i `j I-= i i ~ .., ., ~ i -- ' ~ I i i j..l , I I 7='=~ 1 ~''a3'i3?eca ~ • /~ ~ ~; _. i ~ I ~~ ~ - ~ 133x~iii o .. _..,, ---~ i ~ S_i__~~. ~ , f, ~_ i / ATTACHMENT B RESOLUTION NOS. 4083 AND 4084 RESOLUTION NO. 4083 A RESOLUTION OF THE CITY OF TUSTIN PLANNING COMMISSION 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 ("FEIR"). The Planning Commission of the City of Tustin does hereby resolve as follows: A. That Zone Change 08-001 is considered a "project" pursuant to the terms of the California Environmental Quality Act. B. 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. C. That an Environmental Analysis checklist, attached as Exhibit A hereto, was prepared to evaluate the potential environmental impacts associated with Zone Change 08-001 and the Second Amendment to the Disposition and Development Agreement by and between the Tustin Community Redevelopment Agency and Prospect Village LP. The Environmental Analysis checklist demonstrates that all potential impacts of the project were addressed by the certified FEIR and no additional impacts have been identified. II. The Planning Commission hereby recommends that the City Council find that this project is within the scope of the previously approved Program FEIR and that pursuant to Title 14 California Code of Regulations Sections 15162 and 15168(c), no new effects could occur, and no new mitigation measures would be required. Accordingly, no new environmental document is required by CEQA. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 26th day of February, 2008. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4083 Page 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 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. 4083 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of February, 2008. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A INTENTIONALLY NOT ATTACHED BECAUSE IT IS PART OF CITY COUNCIL RESOLUTION NO. 08-21 RESOLUTION 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: 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 tease 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 -.l g ommission held on the 26th day of February, 2008. JOHN 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 EXHIBIT A 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 hereby adopts Zone Change 08-001 to amend various sections of the Prospect Village Planned Community District Regulations, as identified in Exhibit 1, attached hereto. Section 3. SEVERABILITY 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, all 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 A INTENTIONALLY NOT ATTACHED BECAUSE IT IS PART OF CITY COUNCIL RESOLUTION NO. 08-21 ATTACHMENT C RESOLUTION NO. 08-21 RESOLUTION NO. 08-21 A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL FINDING THAT ZONE CHANGE 08-001 AND THE SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND PROSPECT VILLAGE LP ARE WITHIN THE SCOPE OF THE PREVIOUSLY APPROVED PROSPECT VILLAGE FINAL ENVIRONMENTAL IMPACT REPORT ("FEIR"). l. The City Council of the City of Tustin does hereby resolve as follows: A. That Zone Change 08-001 and the Second Amendment to the Disposition and Development Agreement by and between the Tustin Community Redevelopment Agency and Prospect Village LP are considered a "project" pursuant to the terms of the California Environmental Quality Act; B. 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; C. That an Environmental Analysis checklist, attached as Exhibit A hereto, was prepared to evaluate the potential environmental impacts associated with Zone Change 08-001 and the Second Amendment to the Disposition and Development Agreement by and between the Tustin Community Redevelopment Agency and Prospect Village LP. The Environmental Analysis checklist demonstrates that all potential impacts of the project were addressed by the certified FEIR and no additional impacts have been identified; D. 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; E. That the City Council has considered the Environmental Checklist along with the FEIR prior to making a decision on Zone Change 08-001 and approves the Environmental Checklist, attached hereto as Exhibit A. II. The City Council finds that the project is within the scope of the previously approved FEIR and that pursuant to Title 14 California Code of Regulations Sections 15162 and 15168(c), no new effects could occur and no new mitigation measures would be required. Accordingly, no new environmental document is required by CEQA. Resolution No. 08-21 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 4tn day of March, 2008. JERRY AMANTE MAYOR PAMELA STOKER CITY CLERK 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. 08-21 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 4tn day of March, 2008 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A OF RESOLUTION NO. 08-21 EXHIBIT A OF RESOLUTION N0.08-21 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 ENVIRONMENTAL ANALYSIS CHECKLIST For Projects With Previously Certified/Approved Environmental Documents: Prospect Village Final Environmental Impact Report (FEIR) This checklist and the following evaluation of environmental impacts (Attachment 1 to Exhibit A of Resolution No. xxxx) takes into consideration the preparation of an environmental document prepared at an earlier stage of the proposed project. The checklist and evaluation evaluate the adequacy of the earlier document pursuant to Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines. A. BACKGROUND Project Title(s): Zone Change 08-001 and Second Amendment to DDA (Prospect Village) Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency Contact Person: Scott Reekstin Phone: (714) 573-3016 Project Location: The site is located within a portion of Planning Area 5 of the Pacific Center East Specific Plan in the vicinity of Edinger Avenue and the State Route 55 Freeway. Project Sponsor's Name and Address: City of Tustin 300 Centennial Way Tustin, CA 92780 General Plan Designation: City of Tustin -Old Town Commercial Zoning Designation: City ofTustin -Planned Community Project Description: Approval of Zone Change 08-001 and Second Amendment to the DDA by and between the Tustin Community Redevelopment Agency and Prospect Village LP 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 the process by which owners of restricted units may be permitted to lease the ground floor portion of the restricted units. Other very minor amendments are also proposed. Surrounding Uses: North: Vacant site used for a weekly farmers market East: Main Street Water Facility and public parking lot South: Commercial West: Commercial Previous Environmental Documentation: Prospect Village Final Environmental Impact Report (FEIR) (State Clearinghouse #2003041144) certified by the Tustin City Council on May 17, 2004. B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "New Significant Impact" or "More Severe Impact" as indicated by the checklist in Section D below. ^Land Use and Planning ^Population and Housing ^Geology and Soils ^Hydrology and Water Quality ^Air Quality ^Transportation & Circulation ^Biological Resources ^Mineral Resources ^Agricultural Resources ^Hazazds and Hazazdous Materials ^Noise ^Public Services ^Utilities and Service Systems ^Aesthetics ^Cultural Resources ^Recreation ^Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: ^ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ^ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepazed. ^ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ^ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standazds, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ^ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an eazlier EIR pursuant to applicable standazds, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ^ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an eazlier NEGATIVE DECLARATION pursuant to applicable standazds, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparers Date: 2/14/08 Scott Reekstin, Senior Planner Elizabeth A. Binsack, Community Development Director Date: 2-14-08 D. EVALUATION OF ENVIRONMENTAL IMPACTS See Attached EVALUATION OF ENVIRONMENTAL IMPACTS I. AESTHETICS -Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resowces are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultwal use? III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precusors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? No Substantial New Change Significant More Severe From Impact Impact Previous Analysis IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Substantial New Change Significant More Severe From Impact Impact Previous Analysis V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: -Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazazd to the public or the environment through the routine transport, use, or disposal of hazazdous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazazdous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazazdous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazazd to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazazd for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazazd for people residing or working in the project area? No Substantial New Change Significant More Severe From Impact Impact Previous Analysis g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands aze adjacent to urbanized areas or where residences aze intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY: -Would the project: a) Violate any water quality standazds or waste dischazge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater rechazge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing neazby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or azea, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-yeaz flood hazazd azea as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazazd delineation map? h) Place within a 100-yeaz flood hazazd azea structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? k) Potentially impact stormwater runoff from construction activities? No Substantial New Change Significant More Severe From Impact Impact Previous Analysis 1) Potentially impact stormwater runoff from post- construction activities? m) Result in a potential for discharge of stonmwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? n) Result in a potential for discharge of stormwater to affect the beneficial uses of the receiving waters? o) Create the potential for significant changes in the flow velocity or volume of stormwater runoffto cause environmental harm? p) Create significant increases in erosion of the project site or surrounding areas? IX. LAND USE AND PLANNING -Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES -Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of alocally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE - Would the project result in a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? No Substantial New Change Signifrcant More Severe From Impact Impact Previous Analysis c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a. private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII.POPULATION AND HOUSING -Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? No Substantial New Change Signifrcant More Severe From Impact Impact Previous Analysis XIV. RECREATION - a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV.TRANSPORTATION/TRAFFIC -Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Substantial New Change Signiftcant More Severe From Impact Impact Previous Analysis d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. increased vectors and odors)? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? No Substantial New Change Significant More Severe From Impact Impact Previous Analysis ATTACHMENT 1 TO EXHIBIT A OF RESOLUTION NO. 08-21 EVALUATION OF ENVIRONMENTAL IMPACTS ZONE CHANGE 08-001 AND SECOND AMENDMENT TO DDA (PROSPECT VILLAGE) BACKGROUND On May 17, 2004, the Tustin City Council and Tustin Community Redevelopment Agency (the "Agency") conducted a joint public hearing and considered the Prospect Village Project (the "Project"), which included the demolition of existing buildings and the construction of a 9,300 square foot two-story commercial building and twelve (12) live/work units at the northwest corner of Main Street and Prospect Avenue. The approximately one-acre project site is bordered by Third Street on the north, Prospect Avenue on the east, East Main Street on the south and a public alley on the east. After conducting the hearing, the Tustin City Council approved a General Plan Conformity Finding for the disposition of the site; approved an ordinance approving a zone change from Central Commercial and Parking Overlay (C2-P) to Planned Community (PC) and to establish Planned Community District Regulations; approved a tentative tract map, design review, and conditional use permit; and approved the sale of Agency-owned property. Following the Council's actions, the Tustin Community Redevelopment Agency approved Disposition and Development Agreement (DDA) 04-01 between the Agency and Prospect Village, LP. On May 17, 2004, the Tustin City Council also certified the Prospect Village Final Environmental Impact Report (FEIR) as complete and adequate pursuant to the California Environmental Quality Act and adopted Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring Program for the Project. The proposed project is a zone change that 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 the process by which owners of restricted units may be permitted to lease the ground floor portion of the restricted units. Other very minor amendments are also proposed. The proposed project to be evaluated also includes the Second Amendment to the DDA, to provide flexibility to the types of uses along Prospect Avenue so that three (3) of the six (6) live-work units facing Prospect Avenue may be used for commercial services or professional office uses, to reduce the number of units requiring owner/proprietor occupancy of all floors of all Live-Work units and to clarify the process by which owners of restricted units may be permitted to lease the ground floor portions of the restricted units. The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. Attachment 1 of Exhibit A of Resolution No. 08-21 Evaluation of Environmental Impacts ZC 08-001, Second Amendment to DDA Page 2 I. AESTHETICS -Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? The proposed zone change and DDA amendment would make minor changes to the allowed uses and owner/proprietor occupancies in the Prospect Village Project. No changes to the physical development of the site are proposed. The Prospect Village Project is not located on a scenic highway, and the proposed zone change and DDA amendment will not affect a scenic vista. Development of the site was considered within the FEIR and was determined to have no negative aesthetic effect on the site or its surroundings. The FEIR identified no significant impacts related to aesthetics. No substantial change is expected from the analysis previously completed in the FEIR. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations Prospect Village FEIR (pages 3.1-1 to 3.1-16) Prospect Village Planned Community District Regulations DDA by and between the Tustin Community Redevelopment Agency and Prospect Village, LP lI. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Attachment 1 of Exhibit A of Resolution No. 08-21 Evaluation of Environmental Impacts ZC 08-001, Second Amendment to DDA Page 3 b) Conflict with existing zoning for agricultural use or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non- agricultural use? The proposed zone change and DDA amendment would make minor changes to the allowed uses and owner/proprietor occupancies in the Prospect Village Project. No changes to the physical development of the site are proposed. The proposed zone change and DDA amendment would not convert prime farmland, unique farmland, or farmland of statewide importance as shown on maps prepared pursuant to the Farmland Managing and Monitoring Program of the California Resources Agency to non-agricultural use. Also, the property is not zoned or used for agricultural use or a Williamson Act Contract, -nor does the allowed use involve other changes in the existing environment that could result in the conversion of farmland to non-agricultural use. The FEIR identified no impacts related to agricultural resources. No substantial change is expected from the analysis previously completed in the FEIR. Mitigation/Monitoring Required: No mitigation is required. Sources: - Field Observations Prospect Village FEIR (page 1-1) Prospect Village Planned Community District Regulations Tustin General Plan Farmland Mapping and Monitoring Program DDA by and between the Tustin Community Redevelopment Agency and Prospect Village, LP III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? Attachment 1 of Exhibit A of Resolution No. 08-21 Evaluation of Environmental Impacts ZC 08-001, Second Amendment to DDA Page 4 d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? The proposed zone change and DDA amendment would make minor changes to the allowed uses and owner/proprietor occupancies in the Prospect Village Project. No intensified uses or changes to the physical development of the site are proposed. The proposed zone change and DDA amendment would not have any impacts to air quality. Development of the site was considered within the FEIR, and the FEIR identified no significant impacts related to air quality. No substantial change is expected from the analysis previously completed in the FEIR. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations Prospect Village FEIR (pages 3.2-1 to 3.2-11) Prospect Village Planned Community District Regulations Tustin General Plan DDA by and between the Tustin Community Redevelopment Agency and Prospect Village, LP IV. BIOLOGICAL RESOURCES: -Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Attachment 1 of Exhibit A of Resolution No. 08-21 Evaluation of Environmental Impacts ZC 08-001, Second Amendment to DDA Page 5 e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? The proposed zone change and DDA amendment would make minor changes to the allowed uses and owner/proprietor occupancies in the Prospect Village Project. No changes to the physical development of the site are proposed. The proposed zone change and DDA amendment would not result in impacts to federally listed, threatened, or endangered plant or animal species The FEIR identified no impacts related to biological resources. No substantial change is expected from the analysis previously completed in the FEIR. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations Prospect Village FEIR (page 1-1) Prospect Village Planned Community District Regulations Tustin General Plan DDA by and between the Tustin Community Redevelopment Agency and Prospect Village, LP V. CULTURAL RESOURCES: -Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside formal cemeteries? The proposed zone change and DDA amendment would make minor changes to the allowed uses and owner/proprietor occupancies in the Prospect Village Project. No changes to the physical development of the site are proposed. The FEIR determined that the Prospect Village Project would cause a substantial adverse change in the significance of an historical resource. Consequently, mitigation measures were identified in the FEIR to minimize these impacts. However, in approving the Prospect Village Project, a Statement of Overriding Considerations was adopted by the Tustin City Council on May 17, 2004 for cultural resources impacts that could not be mitigated. Attachment 1 of Exhibit A of Resolution No. 08-21 Evaluation of Environmental Impacts ZC 08-001, Second Amendment to DDA Page 6 No substantial change is expected from the analysis previously completed in the FEIR. Mitigation/Monitoring Required: Specific mitigation measures were adopted by the Tustin City Council in certifying the FEIR. However, the FEIR also concluded that impacts to cultural resources were significant and impossible to fully mitigate. A Statement of Overriding Consideration for the FEIR was adopted by the Tustin City Council on May 17, 2004. No additional mitigation measures are required. Sources: Field Observations Prospect Village FEIR (pages 3.3-1 to 3.3-11) Prospect Village Planned Community District Regulations Tustin General Plan DDA by and between the Tustin Community Redevelopment Agency and Prospect Village, LP VI. GEOLOGY AND SOILS: -Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: • Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. • Strong seismic ground shaking? • Seismic-related ground failure, including liquefaction? • Landslides? b) Result in substantial soil .erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? The proposed zone change and DDA amendment would make minor changes to the allowed uses and owner/proprietor occupancies in the Prospect Village Project. No changes to the physical development of the site are proposed. Attachment 1 of Exhibit A of Resolution No. 08-21 Evaluation of Environmental Impacts ZC 08-001, Second Amendment to DDA Page 7 The proposed zone change and DDA amendment would not have any impacts related to geology or soils. The FEIR identified no significant impacts related to geology or soils. No substantial change is expected from the analysis previously completed in the FEIR. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations Prospect Village FEIR (page1-1) Prospect Village Planned Community District Regulations Tustin General Plan DDA by and between the Tustin Community Redevelopment Agency and Prospect Village, LP VII. HAZARDS AND HAZARDOUS MATERIALS: -Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Attachment 1 of Exhibit A of Resolution No. 08-21 Evaluation of Environmental Impacts ZC 08-001, Second Amendment to DDA Page 8 The proposed zone change and DDA amendment would make minor changes to the allowed uses and owner/proprietor occupancies in the Prospect Village Project. No changes to the physical development of the site are proposed. The proposed zone change and DDA amendment would not have any impacts related to hazards or hazardous materials. Development of the site was considered within the FEIR, and the FEIR identified significant impacts related to hazards and hazardous materials, but these impacts were reduced to a level of insignificance after mitigation. No substantial change is expected from the analysis previously completed in the FEIR. Mitigation/Monitoring Required: Specific mitigation measures were adopted by the Tustin City Council in certifying the FEIR. No additional mitigation measures are required. Sources: Field Observations Prospect Village FEIR (pages 3.4-1 to 3.4-7) Prospect Village Planned Community District Regulations Tustin General Plan DDA by and between the Tustin Community Redevelopment Agency and Prospect Village, LP HYDROLOGY AND WATER QUALITY: -Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in flooding on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Attachment 1 of Exhibit A of Resolution No. 08-21 Evaluation of Environmental Impacts ZC 08-001, Second Amendment to DDA Page 9 f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? k) Potentially impact stormwater runoff from construction activities? I) Potentially impact stormwater runoff from post-construction activities? m) Result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? n) Result in a potential for discharge of stormwater to affect the beneficial uses of the receiving waters? o) Create the potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental harm? p) Create significant increases in erosion of the project site or surrounding areas? The proposed zone change and DDA amendment would make minor changes to the allowed uses and owner/proprietor occupancies in the Prospect Village Project. No changes to the physical development of the site are proposed. The proposed zone change and DDA amendment would not have any impacts related to hydrology and water quality. The FEIR identified no significant impacts related to hydrology and water quality. No substantial change is expected from the analysis previously completed in the FEIR. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations Prospect Village FEIR (page 1-1) Prospect Village Planned Community District Regulations Tustin General Plan DDA by and between the Tustin Community Redevelopment Agency and Prospect Village, LP Attachment 1 of Exhibit A of Resolution No. 08-21 Evaluation of Environmental Impacts ZC 08-001, Second Amendment to DDA Page 10 IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited, to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? The proposed zone change and DDA amendment would make minor changes to the allowed uses and owner/proprietor occupancies in the Prospect Village Project. No changes to the physical development of the site are proposed. Furthermore, the proposed changes do not conflict with the City's General Plan or Zoning Ordinance. The FEIR determined that the Prospect Village Project would be inconsistent with General Plan policies that promote preservation and rehabilitation of historic resources. Consequently, mitigation measures were identified in the FEIR to minimize these impacts. However, in approving the Prospect Village Project, a Statement of Overriding Considerations was adopted by the Tustin City Council on May 17, 2004 for land use and planning impacts that could not be mitigated. No substantial change is expected from the analysis previously completed in the FEIR. Mitigation/Monitoring Required: Specific mitigation measures were adopted by the Tustin City Council in certifying the FEIR. However, the FEIR also concluded thaf impacts to land use and planning were significant and impossible to fully mitigate. A Statement of Overriding Consideration for the FEIR was adopted by the Tustin City Council on May 17, 2004. No additional mitigation measures are required. Sources: Field Observations Prospect Village FEIR (pages 3.5-1 to 3.5-15) Prospect Village Planned Community District Regulations Tustin General Plan DDA by and between the Tustin Community Redevelopment Agency and Prospect Village, LP X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? Attachment 1 of Exhibit A of Resolution No. 08-21 Evaluation of Environmental Impacts ZC 08-001, Second Amendment to DDA Page 11 b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The proposed zone change and DDA amendment would make minor changes to the allowed uses and owner/proprietor occupancies in the Prospect Village Project. No changes to the physical development of the site are proposed. The proposed zone change and DDA amendment would not result in impacts to mineral resources. The FEIR identified no impacts related to mineral resources. No substantial change is expected from the analysis previously completed in the FEIR. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations Prospect Village FEIR (page1-1) Prospect Village Planned Community District Regulations Tustin General Plan DDA by and between the Tustin Community Redevelopment Agency and Prospect Village, LP XI. NOISE: Would the project: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? The proposed zone change and DDA amendment would make minor changes to the allowed uses and owner/proprietor occupancies in the Prospect Village Project. No changes to the physical development of the site are proposed. Attachment 1 of Exhibit A of Resolution No. 08-21 Evaluation of Environmental Impacts ZC 08-001, Second Amendment to DDA Page 12 Furthermore, the proposed changes would allow uses that are no more noise- sensitive or noise-generating than uses currently allowed. The proposed zone change and DDA amendment would not have any impacts related to noise. Development of the site was considered within the FEIR, and the FEIR identified no significant impacts related to noise. No substantial change is expected from the analysis previously completed in the FEIR. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations Prospect Village FEIR (pages 3.6-1 to 3.6-9) Prospect Village Planned Community District Regulations Tustin General Plan DDA by and between the Tustin Community Redevelopment Agency and Prospect Village, LP XII. POPULATION 8~ HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? The proposed zone change and DDA amendment would make minor changes to the allowed uses and owner/proprietor occupancies in the Prospect Village Project. No changes to the physical development of the site are proposed. The FEIR determined that the Prospect Village Project, which includes the construction of twelve (12) live-work units, would not substantially increase the population of the area. The FEIR identified no significant impacts related to population and housing. The proposed zone change and DDA amendment would not have any impacts related to population and housing. No substantial change is expected from the analysis previously completed in the FEIR. Mitigation/Monitoring Required. No mitigation is required. Sources: Field Observations Prospect Village FEIR (page1-1) Prospect Village Planned Community District Regulations DDA by and between the Tustin Community Redevelopment Agency and Prospect Village, LP Attachment 1 of Exhibit A of Resolution No. 08-21 Evaluation of Environmental Impacts ZC 08-001, Second Amendment to DDA Page 13 XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: The proposed zone change and DDA amendment would make minor changes to the allowed uses and owner/proprietor occupancies in the Prospect Village Project. No changes to the physical development of the site are proposed. The FEIR determined that the Prospect Village Project would result in a minor increase in the demand for and utilization of public services. With compliance with all agency requirements, any potential impacts are reduced to a level of insignificance. The FEIR identified no significant impacts related to public services. The proposed zone change and DDA amendment would not have any impacts related to public services. No substantial change is expected from the analysis previously completed in the FEIR. Mitigation/Monitoring Required.• No mitigation is required. Sources: Field Observations Prospect Village FEIR (page1-1) Prospect Village Planned Community District Regulations DDA by and between the Tustin Community Redevelopment Agency and Prospect Village, LP XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The proposed zone change and DDA amendment would make minor changes to the allowed uses and owner/proprietor occupancies in the Prospect Village Project. No changes to the physical development of the site are proposed. The FEIR determined that the Prospect Village Project would result in a minor increase in the demand for recreational services and facilities. Compliance with the City's parkland dedication requirements reduces any potential impacts to a Attachment 1 of Exhibit A of Resolution No. 08-21 Evaluation of Environmental Impacts ZC 08-001, Second Amendment to DDA Page 14 level of insignificance. The FEIR identified no significant impacts related to recreation. The proposed zone change and DDA amendment would not have any impacts related to recreation. No substantial change is expected from the analysis previously completed in the FEIR. Mitigation/Monitoring Required: No mitigation is required. Sources: Tustin City Code Section 9331(d) Field Observations Prospect Village FEIR (page1-1) Prospect Village Planned Community District Regulations DDA by and between the Tustin Community Redevelopment Agency and Prospect Village, LP XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The proposed zone change and DDA amendment would make minor changes to the allowed uses and owner/proprietor occupancies in the Prospect Village Project. No changes to the physical development of the site are proposed. The proposed zone change and DDA amendment would not have any additional impacts related to transportation or traffic. Development of the site was considered within the FEIR, and the FEIR identified significant impacts related to short term construction traffic and increased parking demand, but these impacts were reduced to a level of insignificance after mitigation.. No substantial change is expected from the analysis previously completed in the FEIR. Attachment 1 of Exhibit A of Resolution No. 08-21 Evaluation of Environmental Impacts ZC 08-001, Second Amendment to DDA Page 15 Mitigation/Monitoring Required: Specific mitigation measures were adopted by the Tustin City Council in certifying the FEIR. No additional mitigation measures are required for the proposed project. Sources: Field Observations Prospect Village FEIR (pages 3.7-1 to 3.7-13) Prospect Village Planned Community District Regulations Tustin General Plan DDA by and between the Tustin Community Redevelopment Agency and Prospect Village, LP XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. increased vectors and odors)? The proposed zone change and DDA amendment would make minor changes to the allowed uses and owner/proprietor occupancies in the Prospect Village Project. No changes to the physical development of the site are proposed. Attachment 1 of Exhibit A of Resolution No. 08-21 Evaluation of Environmental Impacts ZC 08-001, Second Amendment to DDA Page 16 The FEIR determined that the Prospect Village Project would result in a minor increase in the demand for utilities. Compliance with all agency requirements ensures that any potential impacts are reduced to a level of insignificance. The FEIR identified no significant impacts related to utilities and service systems. The proposed zone change and DDA amendment would not have any impacts related to utilities and service systems. No substantial change is expected from the analysis previously completed in the FEIR. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations Prospect Village FEIR (page 1-1) Prospect Village Planned Community District Regulations DDA by and between the Tustin Community Redevelopment Agency and Prospect Village, LP XVI1. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Based upon the foregoing, the proposed zone change and DDA Amendment would not have the potential to degrade the quality of the environment, substantially reduce the habitats or wildlife populations, or threaten, eliminate, or reduce animal ranges, etc. With the enforcement of FEIR mitigation and implementation measures approved by the Tustin City Council, the proposed zone change and DDA Amendment would not cause unmitigated environmental effects that will cause substantial effects on human beings, either directly or indirectly. The FEIR previously considered all environmental impacts associated with the implementation of the Prospect Village Project. The proposed zone change and DDA Amendment will result in no substantial changes to environmental issues previously considered with adoption of the FEIR. Mitigation measures were identified in the FEIR to reduce impacts, but not to a level of insignificance in all Attachment 1 of Exhibit A of Resolution No. 08-21 Evaluation of Environmental Impacts ZC 08-001, Second Amendment to DDA Page 17 cases. Therefore, a Statement of Overriding Consideration for the FEIR was adopted by the Tustin City Council on May 17, 2004. Mitigation/Monitoring Required: The FEIR previously considered all environmental impacts associated with the implementation of the Prospect Village Project. Mitigation measures have been adopted by the Tustin City Council in the FEIR and no additional mitigation is necessary. Sources: Field Observations Prospect Village FEIR Prospect Village Planned Community District Regulations DDA by and between the Tustin Community Redevelopment Agency and Prospect Village, LP CONCLUSION The summary concludes that all of the proposed project's effects were previously examined in the FEIR, that no new effects would occur, that no substantial increase in the severity of previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable to the project that would substantially reduce effects of the project that have not been considered and adopted. A Mitigation and Monitoring and Reporting Program and Findings of Overriding Considerations were adopted for the FEIR on May 17, 2004, and shall apply to the proposed project, as applicable. S:\Cdd\SCOTT\Environmental\ZC 08-001 Prospect Village Amendments Initial Study Evaluation.doc ATTACHMENT D ORDINANCE NO. 1351 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 adopted Resolution No. 4084, recommending 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, all 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 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 City Council on _________ by Ordinance No. 1351 Prospect Village Planned Community DISTRICT REGULATIONS TABLE OF CONTENTS Page Number 1.0 INTRODUCTION 3 2.0 STATISTICAL SUMMARY 3 3.0 LAND USE REGULATIONS 4 3.1 Planning Area A -Commercial 4 A. Purpose and Intent 4 B. Permitted and Conditionally Permitted Uses 4 C. Prohibited Uses 5 D. Temporary Uses 4 E. Unlisted Uses 4 F. Development Standazds 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. Gross 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 15 K Other Development Standazds 15 3.4 General Parking Requirements for Planning Areas A and B 15 Prospect Village Planned Community District Regulations 2 4.0 IMPLEMENTATION and ADMINISTRATION 16 4.1 Responsibility 16 4.2 Interpretations 16 4.3 Subdivisions 16 4.4 Variances, Conditional Use Permits and 16 Other Discretionary Actions 16 4.5 Amendment to District Regulations 16 4.G Enforcement 17 4.7 Severability Clause 17 5.0 ZONING EXHIBIT AND CONCEPTUAL DEVELOPMENT PLANS Exhibit 1: Zoning Exhibit 18 Exhibit 2: Conceptual Development Plans 19 Prospect Vil/sge Planned Community DistrictRegu/n8ions g 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 sepazate planning areas provided within the Prospect Village Planned Community. The land use designations aze shown in Exhibit 1 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 and includes a two-story commercial building comprised of an approximately 3,000 square 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 parking 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 1:1.3. 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 squaze feet of ground floor retail space with a 2,126 squaze-foot residential unit in two levels above; and b) six three-story units faring the public alley to the west with each having 431 squaze feet of ground floor commercial/office space with a 1,862 squaze-foot residential unit in two stories above. Notes: No changes to this Section of the District Regulations would be required with respect to future changes and adjustment to the development However, any new construction, alterations, or modifications to the development would need to comply with all applicable provisions contained in Section 3.0 and 4.0 of these district Regulations and the Tustin General Plan. The squaze 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 Village Planned Community DistrictRegu/aarons planning area without the necessity of additional or new environmental documentation. All acreage data is approximate and will be refined on a final map and in final development plans. Prospect Village Plaaaed Community District Reguations 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 foi a complementary mix 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 Commerdal Building) as stated in the following text: 1. Ground Floor Permitted Uses a. Retail uses, when conducted within a building: • Restaurants (approximately 3,000 squaze feet with 112 seats) • Outdoor dining (see page 8 for Outdoor Seating and Operational Standards) • Bakeries, delicatessens, specialty foods, coffee shops • Antiques and curios • Prepazed foods stores (ice cream, yogurt, candy, and similar items) • Clothing/shoes stores • General merchandize variety stores • Specialty stores/antique shops • New household goods/home furnishings stores • Florist shops • Books/stationery stores • Jewelry stores • Art shops/galleries • Musical supplies and instruments • Video/music stores Prospect ViVage Planned CommunityDiatrictRegu/aerona 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 Permitted Uses When conducted within a building: ^ Wholesale bakeries ^ Figure modeling studios ^ Day spa/massage establishments • Pet grooming • Pharmacies • Alcoholic beverage sales in conjunction with restaurants subject to the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments ^ Wine tasting rooms 3. Second Floor Permitted Uses When conducted 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 Floor 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-cleaning (on-site) and laundry services ^ Medical, dental, or veterinary offices or clinics Prospect Village Planned Community District Regulations 7 Uses that involve use or storage of hazardous/explosive materials, cause offensive odors, and/oz 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 Lot Size: None 2. Lot coverage: 100-percent, less parking and building setback requirements. 3. Building Setbacks: 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 encroach into the right-of--way to achieve minimum width needed for accessibility required by the Americans with Disabilities Act 4. Building Height: 50 feet, including roof-mounted features and equipment. 5. Fences, Walls and Hedges: a. No walls or fencing shall be permitted at the right-of-way along Prospect Avenue, Main Street, or the public alley to the west, unless required by Alcoholic Beverage Control (ABC) standazds to enclose outdoor dining azeas. b. Fences, walls, and hedges at the reaz property line separating the Main Street commercial area in Planning Area A and the residential portion of the project in Planning Area B shall not exceed six (6) feet eight (8) inches in height, unless required for noise mitigation and approved in writing by the Community Development Director. Prospect Village Planned CommunityDiatrictRegu/adona g 6. Signs All signs are subject to the approved master 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 exceptions: a. Projecting signs shall be allowed to project and/or extend beyond the property line and over the public right-of-way along Prospect Avenue and Prospect lane (Alley) with adequate height cleazance for pedestrians, emergenry vehicles, and refuse trucks, subject to review and approval by the Community Development Department and City Engineer and obtaining an encroachment permit from the Public Works Department. . Screening of Mechanical Equipment All mechanical equipment shall be acoustically shielded if necessary and architecturally screened from street and adjacent properties in accordance with Ordinance. No. 1262, 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 other miscellaneous heat-producing appliances shall be in compliance with the latest California Mechanical Code adopted by the City of Tustin. 8. Trash Enclosures A covered trash enclosure shall be maintained at the southwest corner of the commercial 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 merchandize 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. Other Development Standards Any development standard which is not specifically identified within the District Regulations or shown on the approved development plans shall be subject to the applicable provisions of Section 9233 of the Tustin City Code or determination by the Community Development Director. Prospect Village Planned Community District Regulations 11. Outdoor Seating Design and Operational Standards: The outdoor seating areas shall be designed and operated as follows: • The outdoor area 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 standazds. • Approval of an encroachment permit is required, if the outdoor seating azea encroaches into the public right-of-way. • There shall be no cooking or food preparation in the outdoor dining area. • Outdoor dining furniture shall be compatible with the building design subject to approval of the Community Development Department. No resin-type fiuniture is permitted. • The layout of outdoor seating shall maintain a clear passage and emergency exit. • All barriers for defining the outdoor area shall be a maximum of three foot (3) six (6) inches designed to withstand inclement outdoor weather and are subject to review and approval by the Community Development Department. • Lighting of the outdoor dining area shall complement the architectural style of the building and Old Town Tustin. Table lamps and candles are encouraged. • No free standing signs (A frame, etc.) shall be permitted in the outdoor seating area • Water drainage on the public right-of-way is not permitted. All potted plants shall be maintained in a healthy and 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. • Outdoor seating area shall be maintained and clear of litter at all times. At the end of business day establishments shall clean (sweep and mop) the areas in and around the outdoor dining area. Prospect Village Planned Community District Regulations 10 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 six (6) Live/Work units facing Prospect Avenue and Area (B-II) includes the six (6) Live/Work units facing the public alley to the west of the project. B. Sub Area B - I - Six (6) Live/Work Units Facing Prospect Avenue Permitted and Conditionally Permitted Uses The following uses shall be permitted by right or conditionally permitted as stated in the following text. 1. Ground Floor Permitted Uses (Live/Work Units Facing Prospect Avenue) a. Retail uses, when conducted within a building: • Restaurants • Outdoor dining (see outdoor dining standards for Planning Area A) • Bakeries, delicatessens, specialty foods, coffee shops • Antiques and curios • Prepared foods stores (ce cream, yogurt, candy, and similar items) • Clothing/shoe stores • General merchandize variety stores • Specialty stores/antique shops • New household goods/home furnishings stores • Florist shops • Books/stationary stores • Jewelry stores • Art shops/galleries • Musical supplies and instruments • Video/music stores b. Service businesses such as: • Barber shops • Beauty parlors • Interior decorator • Printing • Locksmith Prospect VilIage Planned Community District Regulations 11 • Photography studios • Mail services • Dry cleaning, provided no on-site cleaning; 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•- - - Formatted: Numbered + Level: 1 + veterinary offices and clinics, subject to specific use limitation contained Numbering Style: a, b, c, ... + Start at: 1 + in Subsection B.5. Alignment: Left + Aligned at: 1.5" + Tab after: 1.5" + Indent 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) When conducted within a building. • Single family residential • Home occupation in accordance with Tustin City Code Section 9297 4. Prohibited Uses (Live/Work Units Facing Prospect Avenue) • Coin-operated laundromats • Dry-cleaning (on-site) and laundry services done on-site • Medical, dental, or veterinary offices or clinics • Uses that involve use or storage of hazazdous/explosive materials, cause offensive odors, and/or generate dust, noise, or excess light. *** Unlisted uses are not to be assumed to be permitted or conditionally permitted. 5. Use Limitations The use of the ground floor of unit facing Prospect Avenue shall be limited to retail, commercial and professional offices uses provided that no fewer Prospect Village Planned Community District Regulations 12 than three (3) of the six units facing Prospect Avenue shall be required to have ground floor uses that contain retail uses only. Owners of Live-Work Units identified as Lot 8 of Tract 16481 located at 292 Prospect Avenue and Lot 13 of Tract 16481 located at 272 Prospect Avenue shall be permitted to lease the ground floor portion of the Live-Work Units without requirements for additional parking ("Unrestricted Units"). The remaining four (4) units facing Prospect Avenue in Sub-Area B-1, shall be designated as "Restricted Units" on the approved plans. Owners of these Restricted Units may be permitted to lease the ground floor portion of the Live-Work Units provided the Owner has secured additional parking, by recorded instrument approved by the Tustin Redevelopment Agency or secured additional perking as required by the Tustin City Cade based on the size of the ground floor use, the permitted use of the ground floor (i.e. retail, commercial service or professional office use), as applicable and the additional parking which would be required for such use if the Live Work Unit is not Owner Occupied an the ground floor. None of the restrictions contained herein are designed to reduce the flexibility available to an Owner of a Restricted Unit from being an Owner Occupier of the ground floor space of a Unit subject to the ground Floor use restrictions identified herein and for Sub-Area B-1. 6. Unlisted Uses The Director of the Community Development Depaztment may determine similar uses are pemritted, conditionally permitted, or prohibited in Planning Area A or may refer the matter to the Planning Commission. 7. 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 Village Planned Community District Regulations 13 The following uses shall be permitted by right or conditionally permitted as stated in the following text: 1. Ground Floor Permitted Uses (Live/Work Units Facing the Public Alley) a. Retail uses, when conducted within a building: • Restaurants • Outdoor dining (see Outdoor Dining Standards for Planning Area A) • Bakeries, delicatessens, specialty foods, coffee shops • Antiques and curios • Prepared foods stores (ice cream, yogurt, candy, and similar items) • Clothing/shoe stores • General merchandize variety stores • Specialty stores/antique shops • New household goods/home furnishings stores • Florist shops • Books/stationery stores • Jewelry stores • Art shops/galleries • Musical supplies and instruments • Video/music stores b. Service businesses such as: • Barber shops • Beauty parlors • Interior decorator • Printing • Locksmith • Photography studios • Mail services • Dry cleaning, provided no on-site cleaning is done/tailoring • Shoe repair • Travel agency • Real estate office • Telephone answering service/office support services c. General or professional office uses, excluding medical, dental, or veterinary uses. d. Home occupation in accordance with Tustin City Code Section 9297 Prospect Village Planned Community District Regulations 14 2. Ground Floor Conditionally Permitted Uses (Live/Work Units Facing the Public Alley) 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 the Public Alley) When conducted within a building: • Single family residential • Home occupation in accordance with Tustin City Code Section 9297 4. Prohibited Uses (Live/Work Units Facing the Public Alley) • Coin-operated laundromats • Dry-cleaning and laundry services when done on-site • Medical, dental, or veterinary offices or clinics • Uses that involve use of storage of hazardous/explosive materials, cause offensive odors, and/or generate dust, noise, or excess light 5. Use Limitations The use of the ground floor units facing Prospect Lane all be limited to retail commercial service and professional offices uses. The six (6) units facing Prospect Lane in Sub-Area B-II shall be designated as "Restricted Units" on the approved plans. Owners of these Restricted Units may be permitted to lease the ground floor portion of the Live-Work Units provided the Owner has secured additional parking, by a recorded instrument approved by the Tustin RedeveIopment Agencv or secured additional parking as required by the Tustin City Code based on the size of the ground floor use, the permitted use of the ground floor i.e. retail, commercial service or professional office use), as applicable and the additional parking which would be required for such use if the Live-Work Unit is not Owner Occupied on the ground floor. Prospect Village Planned Community District Regulations 15 None of the restrictions contained herein are designed to reduce the flexibility available to an Owner of a Restricted Unit from being an Owner Occupier of the ground floor space of a Unit subject to the ground floor use restrictons identified herein and for Sub-Area B-II. 6. Unlisted Uses The Director of the 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. 7. Temporary Uses Temporary uses shall be regulated pursuant to the applicable provisions of the Tustin City Code. 3.3 General Development Standards for Planning Areas B-I and B-II A. Building Site: 32,941 square feet B. Gross Density: 16 units per acre C. Lot Coveraee: 100 percent, less parking, open space, and building setback requirements. D. Building Setbacks: 1. Front Yard: (Facing Prospect Avenue): 0 Feet (Facing public alley): 5 Feet 2. Side Yard (Facing Third Street): Zero (0) Feet 3. Rear Yard (Facing Planning Area A): One (1) Foot 4. Building to Building in Planning Area B: Six (6) feet between buildings E. Building Heieht: 50-feet, including roof-mounted equipment and chimneys. Prospect Village Planned Community District Regulations 16 F. Common Area Open Space: All areas outside the building perimeters are considered common open space and shall be maintained by the homeowners' association. G. Projgctions into Required Setbacks: Eaves, cornices, chimney, balconies and other similar azchitectural features shall not project into any required building setback unless permitted by the California Building Code. H. Fences, Walls, and Hedges: No walls, fences, or hedges that exceed three (3) feet in height shall be permitted at the right-of-way along Prospect Avenue or the public alley to the west. Fences, walls, and hedges in the interior motor court, between units, along Third Street, or between the residential units in Planning Area B and the Main Street commercial building in Planning Area A, shall not exceed six (6) feet eight (8) inches in height, unless required for noise mitigation and approved in writing by the Community Development Director. I. Private Drive: 1. The private driveway shall provide access to garages and guest parking spaces and shall have a minimum travel way width of 28 feet, curb face to curb face. No parking shall be permitted on the driveway, other than in designated parking stalls. 2. Sidewalks are not required within private drives. Sidewalks, where provided, shall be designed in accordance with Standard B102 of the City's Construction Standards for Private Streets, Storm Drains, and On-Site Private Improvements and subject to compliance with applicable accessibility requirements of the Americans with Disabilities Act, Title 24 of the Uniform Building Code as locally amended, and the Department of Housing and Urban Development's Fair Housing Accessibility Guidelines. J. Refuse: Trash receptacles shall be stored inside private garages. No person shall place any receptacle in any street, alley, or other public way at any time or place other than as above provided, or no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection (Ord. No. 1014, Sec. 8, 1-3-89). Other Development Standards: K. Any development standard which is not specifically identified within these District Regulations or shown on the approved development plans shall be subject to the applicable provisions of the Tustin City Code or a determination by the Community Development Director: Prospect Vi//age Planned Community District Regulations 17 3.4 General Parking Requirements for Planning Areas A and B A. Parking within Planning Area A and B shall be provided at the following ratios: Pursuant to the Shared Pazking Evaluation (Appendix F of Prospect Village Final Environmental Impact Report) prepazed for the project, a total of three (3) parking spaces shall be provided within Planning Area A, adjacent to the Main Street Commercial Building. In addition, a total of fifty-nine (59) kin > spaces shall be provided subject to an agreement for off-site pazking agreeraeeE-between the Developer and the City of Tustin, to accommodate commercial uses in Planning Areas A and B. If the approved land use mix is modified, any additional pazking that is needed shall be provided in accordance with the following ratios: • One (1) parking space per 200 square feet of retail use; • One (1) parking space per 300 square feet of office use; and, • One (1) parking space per three (3) seats for restaurant use (including outdoor dining). • A minimum of two (2) enclosed garage spaces shall be maintained for each dwelling unit in Planning Area B and permanently used for the purpose of parking vehicles. In addition, a minimum of three (3) open and unassigned guest parking spaces, at a ratio of one (1) parking space for every four (4) units, shall be provided within the development. Other uses shall provide parking at rates required by the Tustin City Code or as determined by an approved conditional use permit. B. Garage and Parking Stall Dimensions: Parking area dimensions, locations and access shall conform to the City's design review criteria on file in the Community Development Department. At a minimum, garages shall be a 20 feet by 20 feet inside clear dimension. Automatic garage door openers and sectional rollup doors, shall be required on all residential units. Open parking spaces shall be a minimum of nine (9) feet in width by twenty (20) feet in depth. Up to a two (2) foot overhang may be permitted into a landscape planter or sidewalk area provided the sidewalk has sufficient width to comply with accessibility requirements. Prospect Village Planned Community District Regulations 18 4.0 IMPLEMENTATION and ADMINISTRATION 4.1 Responsibility The Community Development Department of the City of Tustin shall be responsible for the administration and enforcement of provisions of these regulations. 4.2 Interpretations If ambiguity arises concerning the appropriate application of provisions contained in these District Regulations, the Community Development Duector shall make the appropriate determination. In making a determination, the Duector shall consider the following, but not by way of limitation: A. Prior administrative interpretation of similar provisions; B. General intent and purpose of these District Regulations; C. Provisions contained in the General Plan; and, D. Other provisions of the Tustin City Code where standards do exist. Any decision of the Duector may be appealed to the Planning Commission. 4.3 Modifications to Development Plans The chazacteristics and amenities of the Prospect Village Planned Community aze to be implemented through adoption of development plans. Any modifications to the approved development plans shall be processed in accordance with the provisions of the Tustin City Code. 4.4 Subdivisions All divisions of land shall be processed in accordance with the Tustin City Code and State Subdivision Map Act. 4.5 Variances Condi 'on P it and Other Di r lion ry Arr;ons All applications shall be processed in accordance with the Tustin City Code. 4.6 Amendment to District Regulations Any amendment to these District Regulations contained herein which change the allowed uses within the development, impose any regulation upon property not therefore imposed, or removes or modifies any such regulation shall be initiated and processed in the same manner set forth in the Tustin City Code for amending the Zoning Code. Prospect Vi//age Planned Community District Regulations 19 4.7 Enforcement The District Regulations are adopted by Ordinance and are therefore subject to penalty provisions of the Tustin City Code. Specifically, violations of land use or development standards shall be subject to penalty provisions and station procedures of the Tustin City Code, in addition to the City's authority to seek civil litigation in a court of law. 4.8 Severability Clause If any part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of these District Regulations is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, these decisions shall not affect the validity of the remaining portions of these District Regulations. The Tustin City Council hereby declares that these District Regulations and each part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion thereof would have been adopted irrespective of the fact that one or more portions of the District Regulations may be declared invalid, unconstitutional, or unenforceable. Prospect Village Planned Community District Regulations 20 Zoning Map ~~/ 1 _STI I ~ 1 ~ L.S~y ' ~ ~-`/ i ~ ~ ~+ \. l ~D ~ --~ -- .c2~ Prospect Village Planned Community The Prospect Village Planned Community is bounded by Main Street, Prospect Avenue, Third Street, and Prospect Lane (public alley). Legal Description: The east 155 feet of the nonh 162.50 feet of Block B of Tract No. 3 as shown on a map recorded in Book 9, page 4, of miscellaneous maps, of records of Orange County California with the east 145 feet of the south 137.5 feet of said Block B (proposed as Vesting Tentative Tract Map 16481) a a z z z a a a ~~. C~ ~,}„ -! ,~ WU~ ~ ~ ~i __--~ ~I ~ ,`~ ~ w ',, n J a 4~ `w CAA .~ '1S C7~l1H1 ~ d~~~fr~ ~ U 4 .. MAIN ST. ~~~. +°~ Z ~~~ ~ y r ~ ~ V ~ ~_ ~ $~ ~~ ~~ -Project Statistical Summary Acreage Non-Residential Uses Residential Uses Net Areas FAR Ground Floor Second Floor Total Floor Density Total Retail Area Office Area Area Units Per Units net leasable net leasable net leasable Acre Planning 1:1.35 3,773 sq.ft. & 4,816 sq.ft. 9,182 sq.ft.* Area A 593 sq.ft. outdoor dinin Planning 913 sq.ft. 2,126 sq:ft. 16 12 Area B Units facing living area Prospect units facing Avenue Prospect 469 sq.ft. Avenue units facing 1,862 sq.ft. alley units facing alle * Does not include 830 square feet of garage and trash area on ground floor and 117 square feet of deck on the second floor. Gross and net acreage are an estimated allocation. Actual acreage will be refined by the final subdivision map process. Floor area ratios is the gross floor of buildings within a planning area divided by the net acreage of the planning area. 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