HomeMy WebLinkAboutPC RES 4110RESOLUTION NO. 4110
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
08-003) TO AMEND VARIOUS SECTIONS OF THE
REGULATIONS RELATED TO COMMERCIAL SERVICE
AND CERTAIN OFFICE USES, FOOD RELATED USES,
OPTOMETRISTS AND OPTICIANS, 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) 08-003 is a City- and Redevelopment Agency-
initiated project undertaken in partnership with the property owner,
Prospect Village LP. ZC 08-003 consists of minor amendments to the
Prospect Village Planned Community District Regulations to: 1) allow
commercial service uses and certain office uses, as well as retail uses, in
all six (6) of the live/work units facing Prospect Avenue; 2) allow various
food related uses to satisfy a requirement that a minimum of fifty (50)
percent of the ground floor of the Main Street Commercial Building consist
of food related uses; and 3) allow optometrists and opticians. Other minor
amendments are also proposed.
B. That a public hearing was duly called, noticed, and held on said
application on January 13, 2009, by the Planning Commission.
C. Zone Change 08-003 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 January 13, 2009, the Planning Commission adopted Resolution
No. 4109, recommending that the City Council adopt findings that Zone
Change 08-003 is within the scope of the previously approved Prospect
Village Final Environmental Impact Report.
Resolution No. 4110
Page 2
F. Zone Change 08-003 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. 1361 adopting amendments to the Prospect Village Planned
Community District Regulations (Zone Change 08-003), attached hereto as
Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held
on the 13t" day of January, 2009.
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
,,~.~~~~
CHARLES E. PUCKETT
Chairperson
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. 4110 was duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 13t" day January, 2009.
~ --
G '__
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
ORDINANCE NO. 1361
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, ADOPTING AN AMENDMENT TO
THE PROSPECT VILLAGE PLANNED COMMUNITY
DISTRICT REGULATIONS (ZONE CHANGE 08-003)
TO AMEND VARIOUS SECTIONS OF THE
REGULATIONS RELATED TO COMMERCIAL
SERVICE AND CERTAIN OFFICE USES, FOOD
RELATED USES, OPTOMETRISTS AND
OPTICIANS, 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) 08-003 is a City and Redevelopment
Agency-initiated project undertaken in partnership with the property
owner, Prospect Village LP. ZC 08-003 consists of minor
amendments to the Prospect Village Planned Community District
Regulations to: 1) allow commercial service uses and certain office
uses, as well as retail uses, in all six (6) of the live/work units facing
Prospect Avenue; 2) allow various food related uses to satisfy a
requirement that a minimum of fifty (50) percent of the ground floor
of the Main Street Commercial Building consist of food related
uses; and 3) allow optometrists and opticians. 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 January 13, 2009, by the Planning Commission.
Following the public hearing, the Planning Commission adopted
Resolution No. 411 0, recommending approval of Zone Change 08-
003.
C. That a public hearing was duly called, noticed, and held on said
application on February 3, 2009, by the City Council.
D. Zone Change 08-003 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.
Ordinance No. 1361
Page 2
1. Achieve balanced development.
2. Ensure that compatible and complementary development occurs.
3. Promote economic expansion and diversification.
Section 2. The City Council hereby adopts Zone Change 08-003 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 , 2009.
DOUG DAVERT
Mayor
PAMELA STOKER
City Clerk
s
Ordinance No. 1361
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1361
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. 1361 was
duly and regularly introduced at a regular meeting of the Tustin City Council, held on the
3`d day of February, 2009, and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the day of , 2009 by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
EXHIBIT 1
TO
ORDINANCE NO. 1361
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 March 18, 2008 by Ordinance No. 1351
Amended by the Tustin City Council on , 2009 By Ordinance No 1361
Prospect Village Planned Community
DISTRICT REGULATIONS
TABLE OF CONTENTS
Page Number
1.0 INTRODUCTION 4
2.0 STATISTICAL SUMMARY 4
3.0 LAND USE REGULATIONS 5
3.1 Planning Area A -Commercial 5
A. Purpose and Intent 5
B. Permitted and Conditionally Permitted Uses 5
C. Prohibited Uses 6
D. Temporary Uses ~
E. Unlisted Uses ~
F. Development Standards ~
3.2 Planning Area B 10
f
A. Purpose and Intent 10
B. Sub Area B-I 10
C. Sub Area B-II 12
3.3 General Development Standards for Planning Areas B-I and B-II 15
A. Building Site 15
B. Gross Density 15
C. Lot Coverage 15
D. Building Setbacks 15
E. Building Height 15
F. Common Area Open Space 15
G. Projections into Required Setbacks 15
H. Fences, Walls, and Hedges 15
I. Private Drive 16
J. Refuse 16
K. Other Development Standards 16
3.4 General Parking Requirements for Planning Areas A and B 16
P,roapect Village Plaaned Commuaitp Drsbrict Regwladons 2
4.0 IMPLEMENTATION and ADMINISTRATION 1 g
4.1 Responsibility 18
4.2 Interpretations 18
4.3 Subdivisions 18
4.4 Variances, Conditional Use Permits and 1 g
Other Discretionary Actions 18
4.5 Amendment to District Regulations 18
4.6 Enforcement 1 ~
4.7 Severability Clause 1 ~
5.0 ZONING EXHIBIT AND CONCEPTUAL DEVELOPMENT PLANS
Exhibit 1: Zoning Exhibit
Exhibit 2: Conceptual Development Plans
20
21
Prospect Village Planned Community Dismrct Regulations 3
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
harmonious commercial and residential development to protect the health, safety, and
welfare of the community and provide the flexibility needed to create a quality environment.
Development within the Prospect Village Planned Community shall occur consistent
with these Planned Community District Regulations, including the Conceptual Development
Plans contained with Section 5.0.
2.0 STATISTICAL SUMMARY
There are two (2) distinct and separate planning areas provided within the Prospect Village
Planned Community. The land use designations are shown in Exhibit 1 with a statistical
summary of each planning area. The development plans for Planning Areas A and B are
included in Exhibit 2.
Planning Area A -Commercial: The site is approximately 7,286 square feet (0.167
net acres) in size and includes atwo-story commercial building comprised of an
approximately 3,800 ~;8A8--square feet of ground floor tenant space
with an approximately 593 square-foot outdoor patio dining area open to Main
Street, ~ ,three (3) covered parking spaces (721 square
feet) on the ground floor, and about 4,822 square feet of second floor tenant space
"`' ~" The Floor Area Ratio (FAR) is 1:1.3.
P an~i Area B -Live/Work The site is approximately 32,941 square feet (.756
net acres) in size and is designed to accommodate twelve (12) live/work units at a
density of sixteen (16) dwelling units per acre. The twelve live-work residential units
include: a) six three-story units facing on Prospect Avenue with each having 913
square feet of ground floor ten n ret~l-space with a 2,126 square-foot residential
unit in two levels above; and b) six three-story units facing the public alley to the
west with each having 431 square feet of ground floor tenant c~~-~- --~~~ ~ t~
space with a 1,862 square-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 square footage allocations and floor area ratios identified in the Planned Community Regulations shall
govern the overall maximum intensity and scale of development within each 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.
Pr+vspect Yillagie Planned Community District Regulations 4
3.0 LAND USE REGULATIONS
The land use regulations and development standards contained within this document act as a
principle part of the' controlling mechanism for implementation of the Planned Community
District designation. Standards set forth in this Section will ensure that development within
the Prospect Village Planned Community proceeds in a consistent and appropriate
manner as the community matures.
3.1 Planning Area A -Commercial
A. Purpose and Intent
The commercial component of the Prospect Village Planned Community is
intended to provide for a complementary 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, consistent with the Prospect
Village Disposition and Development Agreement, as may be amended.
B. Permitted and Conditionally Permitted Uses
The following uses shall be permitted by right or conditionally permitted in
Planning Area A (Main Street Commercial Building) as stated below, provided that
no more than fifty (501 percent of the ground floor may be used by non food related
~ermttted usesm-tie-€~~}e aa~r~-tee;
1. Ground Floor Permitted Uses
a. Retail uses, when conducted within a building, unless outdoor seating
and operations are permitted pursuant to these Planned Communi,~
Distract Regulations:
• Restaurants and cafes E~~fln~+Y.~~.+=n~~~~-- ~ nnn ,.
~ rr ~ , ~:~ r ~ i „~
• C-utdoor dining (see page 8 for C-utdoor Seating and Operational
Standards)
• Bakeries, delicatessens, specialty foods, coffee houses and shops
• Antiques and curios
• Prepared 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
t~ • Florist shops
~ • Books/stationery stores
` • Jewelry stores
Prospect YilJagie Planned Community District Regulah%ons 5
• Art shops/galleries
• Musical supplies and instruments
Video/music stores
• Optometrists or opticians
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, unless outdoor seating and operations are
permitted pursuant to these Planned Community District
Re ations:
^ 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, unless outdoor seating and operations are
permitted pursuant to these Planned Community District
Regulations•
^ Retail and service uses listed as permitted on the ground floor
^ Professional and general offices (excluding medical, dental, or
veterinary offices or clinics) ,
Prospect Village PJanned Community District Regulations 6
4. Second Floor Conditionally Pemutted 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 clinicss_ with the exception of
optometrists and opticians which are permitted
• Uses that involve use or storage of hazardous/explosive materials, cause
offensive odors, and/or generate dust, noise, or excess light
D. Temporary Uses
Temporary uses are subject to provisions of the Tustin City Code.
E. Unlisted Uses
The Director of Community Development Department may detemune 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 coveragz: 100-percent, less parking and building setback requirements.
3. BuildLg Setbacks•
a. Front Yard (Facing Main Street): 0 Feet
b. Side Yard (Facing Prospect Avenue and the public alley): 0 Feet
c. R ar Yar (Facing planning Area B): Ten (10) feet
d. Storefront entries including door swings shall not encroach into the
right-of--way to achieve minims width needed for accessibility
required by the Americans with Disabilities Act
4. Building He,~ht: 50 feet, including roof-mounted features and equipment.
5. Fences, Wal_1s and He Qes:
Prospect Village Planned Community District Regulations 7
a. No walls or fencing shall be permitted at the right-of--way along r
Prospect Avenue, Main Street, or the public alley to the west, unless E
required by Alcoholic Beverage Control (ABC) standards to enclose
outdoor dining areas.
b. Fences, walls, and hedges at the rear property line separating the
Main Street commercial 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.
6. Sites
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 clearance for
pedestrians, emergency 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.
7. Screening of Mechanical F.gnipmen
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.
Prospect Village Planned Community District Regulations g
9. MerchancLe 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.
11. Outdoor Seating Design and Otierational Standardg• 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 commerciaj
district standards.
• Approval of an encroachment permit is required, if the outdoor
seating area 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 fiirniture 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.
Pmapect Villagr Planned Community District RegvJrttions 9
• 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.
Pt~vspect Village Planned Community District ReguJadons 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 consistent with the Prospect Village
Disposition and Development Agreement, as may be amended. 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, unless outdoor seatin
and operations are permitted pursuant to these Planned Community
District Regulations: '~
• Restaurants and cafes
• Outdoor dining (see outdoor dining standards for Plann'_ng Area A)
• Bakeries, delicatessens, specialty foods, coffee houses and 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/stationary stores
• Jewelry stores
• Art shops/galleries
• Musical supplies and instruments
Video/music stores
• Optometrists or opticians
b. Service uses when conducted within a buildin~h~~inrx,~~ ~-
• Barber shops
Prospect Villsg~e Plaaned Community District Regulatione 11
• Beauty parlors
• Interior decorator
• Printing
• Locksmith
• Photography studios
• Mail services
• Dry cleaning, provided no on-site clearing is done/tailoring
• Shoe repair
• Travel agency
• Real estate office
• Telephone answering service/office support services
c. General or professional office uses excluding medical and dental offices,
veterinary offices and clinics,
., c„~.,.,..~:~.. n c
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 and laundry services done on-site
• Medical, dental, or veterinary offices or clinics, with the exception of
optometrists and opticians which are permitted on the ground floor
• Uses that involve use or storage of hazardous/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.
Prospect VVlage Planned Community District Regulations 12
5. Use Limitations
The use of the ground floor of units facing Prospect Avenue shall be limited
to retail, commercial and professional offices uses Yr~~~d~,s ~~-~~ ---- ~~___,_~
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 perutted 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-I, 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 C+wner has secured additional parking, by
recorded instrument approved by the Tustin Redevelopment Agency 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 C-wner Occupied on 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-I.
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 are subject to provisions of Tustin City Code.
C. (B-II) Permitted and Conditionally Permitted Usea
Six (6) Live/Work Units Facing Public Alley
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)
Pnvspect Villagie Planned Community District Regulations ~
a. Retail uses, when conducted within a building, unless outdoor seating
and operations are permitted pursuant to these Planned Community ~
District Regulations:
• Restaurants and cafes
• Outdoor dini ~ (see Outdoor Dining Standards for Planning Area A)
• Bakeries, delicatessens, specialty foods, coffee houses and 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
• Optometrists or opticians
I b. Service uses, when conducted within a buildin~'-••~~~~~~~~ ~••~'~ ~~:
• 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 offices or clinics-uses.
d. Home occupation in accordance with Tustin City Code Section 9297
2. Ground Floor Conditionally Permitted Uses (Live/Work Units Facing
the Public Alley)
Prospect Village Planned Community District Regulations 14
• Figure modeling studios
• Day spa/massage establishments
• Pet grooming
• Pharmary
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, with the exception of
optometrists and opticians which are permitted on the ground floor
• Uses that involve use or 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 of units facing Prospect Lane shall 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 Redevelopment Agency 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.
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-II.
Pr~oepect Yt7lag~e PlAnned Community Diattict Regulations ~
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 acxe
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 (Facinng Planning Area A): One (1) Foot
4. Building to Building in Planning Area B: Six (6) feet between buildings
E. Building Height: 50-feet, including roof-mounted equipment and chimneys.
F. Common Area Open S ce: All, areas outside the building perimeters are
considered common open space and shall be maintained by the ho;neowners'
association.
G. Projections into Required Setbacks: Eaves, cornices, chimney, balconies and other
similar architectural 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,
Pnvspect Yillrig+e Planned Community District Regulations 16
~- 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 C-n-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).
K. Other Development Standards:
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.
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 Parking Evaluation (Appendix F of Prospect Village Final
Environmental Impact Report) prepared 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,) parking spaces shall be
provided subject to an agreement for off-site parking between the Developer and the
Prospect Village Planned Community District Regulations 17
City of Tustin to accommodate commercial uses in Planning Areas A and B. If the
approved land use mix is modified, any additional parking 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 Dismict 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 Director shall make the appropriate
determination. In making a determination, the Director 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 Director may be appealed to the Planning Commission.
4.3 Modifications to Development Plans
The characteristics and amenities of the Prospect Village Planned Community are 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 Conditional Use Permits, and Other Discretionary Actions
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 Ytllagr Planned Community District Regulatione 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 citation 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 Y~I/age P/anncd Community District Regulations ZO