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HomeMy WebLinkAbout03 AddendumThis material was submitted Thursday afternoon, September 17, 2009, by Mr. Kal Patel, property owner at 3091 Edinger, an adjacent property owner. Staff was not allowed time to respond to Mr. Patel's concerns within the staff report. RECEIVED 3017 EDINGER AVE TUSTIN CA 92780 SELF-SERVE PROPOSED VIOLATIONS SEP 17 2009 COMMUNITY DEVELOPMENT 1) The request for authorization to construct aself-service carwash in BUILDING DIV. conjunction with an existing service station and food-mart at 3017 Edinger (parcel 9 of phase I) should be denied based on the Jamboree Plaza Planned Community District Regulations (District Regulations). a) As it is proposed the site plan does not meet the minimum parking requirement of 22 spaces. (see page 2) b) District Regulations limit the property to on-site parking to meet minimum parking requirements. (see page 3) c) It would also take away the ability of the owners of parcel 2 phase I to expand up to 5341 sgft-allowable gross floor area. The right given to lot 2 phase I under the Jamboree Plaza reciprocal easements and CC&Rs (April 1, 1999) and limited by District Regulations. (see page 3) d) Considering that the self-serve carwash does not allow for the ability to stack cars it could prove to be detrimental to the public health, safety and welfare. (see page 4) e) District Regulations were established to "provide diversification of the relationships of uses, buildings, and structures in planned building groups." The self-serve site plan seeks to violate the provided diversification. f) The addition of a self-serve carwash would violate the original intent of the District Regulations "to encourage the appropriate use of land and creates a harmonious relationship among retail, commercial, auto related repair and service etc..." The addition of a second self-serve carwash would violate the intent to create a harmonious relationship among service. 2) The request would also violate the third amendment to the Jamboree Plaza reciprocal easements and CC&Rs (April 1, 1999) (3~d amendment). a) The 3~d amendment paragraph 12 grants exclusive right to the adjacent parking to adjacent lots of phase II and III therefore do not allow the self-serve carwash to obtain parking from adjacent lots t0 fulfill minimum parking requirement. (see page 5) b) The 3~d amendment Exhibit B specifically defines permitted building areas and uses for Parcels 9 of phase I. The allowable gross floor area is limited to 5,341sgft and it restricts the use to a service station. Page 1 of 12 Considering that the proposed site would be a restaurant, liquor store mart (retail), gas station and aself--serve carwash the 15 parking spaces would fall far short of the minimum required 23. (District Regulations page 14) Restaurant SOOsgft 1/100sgft = 5 (District Regulations page 14) Retail 1488sgft U200sgft = 8 (District Regulations page 15)Service station 3720sgft 6 per service station = 6 (Tustin Municipal Code 9263) Self-serve carwash 2.5 spaces for each washing stall, for queuing and drying = 3 Total minimum required parking spaces = 22 ~~ ~~ }~ _: -__ ~~_ >~YKF u ~ ~ TRASH F;NCLOS11R1~: „~ i y W ~ _ -; "`... ~~. .. v ,. .~. ~.~,. ~ ~+% e ; ,~"„~ ~ ` . ~.: EDINGER ENTRANCE ~. ~~ •".. h jS} _ ~_~ s ~'`?' a~ ~. ~ a~'~" ~I I.WDICnPPH'D PAT}{ . ~s ~•~ OUTDOOR AREA i l Page 2 of 12 District Regulations 9 (Page 10) Paragraph 3.7 GENERAL DEVELOPMENT STANDARDS - A. Minimum Site Requirements 1 states: "The minimum site size those parcels located within Planning Areas A & B shall be that which in necessary to accommodate the structure, as well as all required on-site parking, landscaping and other site improvements. There shall be no minimum site size for parcels located within planning Areas C & D." (see Exhibit C of CC&Rs) District Regulations(page 1) 2.0 lists Total Authorized Building Square Footage of planning area A (parcels 1, 2 and 9) to 20,OOOsgft and 3`d Amendment to the CC&Rs (Exhibit B) further limits square footage by parcel. The total 7040sgft proposed for Parcel 9 erode into the 5,341 sgft allowed for Parcel 2 considering that Parcel 1 is built out. Parcel 1 - 9,461 sgft Parcel 2 - 5,341 sgft Parcel 9 - 5,341 sgft Page 3 of 12 Any more than one car behind the one at the P.O.S. (point of sale) board would start to block the west entrance to the service station and or block the main entrance to the Jamboree Plaza. The addition of a carwash would only serve to exacerbate the negative impact on the local community noting that the site already contains a restaurant, liquor store, gas station and a convenience store. r ~,m ~,'_° `~,'°~, ~ -~~` '~` ~. ~ ~. .. _a ~,. . ~~~: ~~ ~~~= _. ~ ~~~:.~ ~~ i .,,: ii b._ .,. ti~"4 k~Jft:.~.4. BUSES AT TRAIN STATION 8:30A.M. COORS DELIV 9,~,. ~,.. •~~~ ~. -mss h 11; ~~ KC{ 'S- +.. 1r ,ti-~Y ~ ERY TRUCK 8:30A.M. Page 4 of 12 13131 JAMBOREE RD SELF-SERVE BUD LIGHT DELIVERY TRUCK8:30A.M. TYPICAL QUEUING AT A SELF-SERVE Paragraph 12 states: "The Users of Phase I shall have the exclusive right to park in the thirteen (13) parking spaces of the parcel C of Parcel Map 91-265 which are located adjacent to Parcel 3 of parcel Map 91-265 and depicted on the Site Plan attached hereto as Exhibit "C". The Users of Phase II and III shall have the exclusive right to park in the remainder of the Parking Spaces of Parcel C of Parcel map 91-265 and Parcel A, B and C of Parcel Map 97-164 Attached hereto as Exhibit "G" is a fire lane plan depicting the designated fire lanes within the parking area of Phase I. No User shall park any vehicle in the designated fire lanes within the Center, and the Association shall have the right to tow any such vehicle parked in violation hereof" (all the parcels are depicted on Exhibit C of the CC&Rs). Page 5 of 12 ~1 Ja~dbaree Plaza District Regulations Page 14 b• Manufacturing, Assembly, ResBarch ~ Development One (1) space for each 500 square feet of gross floor area but riot less than two {2) parking spaces far eaoh three ( 3 ) e~trplvyees, plus parkirl~g PQr other uses on the site. c• Warehouse One (1) space for each 1,000 eq~ta~x'e feet of gross floor area fC~r first 20-,000 square feet.; cite (1) space for each 2, 000 square feet Ear the ~ecor~d 20, t~fl0 square feet; ante {1) space for each 4,000 square Feet of gross floor area for areas i,n excess of the initial 40,©00 Square feet of flcyor area of the building but not less than two (2} parking spaces for each three {3) etuplolre~e~, Plus parking for other uses axt the site. d• Retail One parking space per each Z00 square feet of gross floor area unless otherwise specified. e. Auto service One parking space per each 540 $gilc'Lre feet of vehicle service and storage area and one space per each 2a0 square Feet oP retail, shcawraoat, customer waiting and office arezts. f• Restaurants One parking space per each 10.0 square feet of gross fluor area, plus minimum stacking area for seven (7) cars where a drive-thru service window is provided. Stacking distance is determined fro~~t the ~r~rtu order board to the entrance to the drive-thru lane. Page 6 of 12 „' ~ ~ ~ W~ S I~ jamboree Plaza District Regulations Page 15 9• Gas Stations Six per service station. h• Carwashes one parking space per each empJ.oyee based upon the largest shift, including drying attendants. ~.• Public Agency .Facilities One space for each 250 square feet of gross f,~;oor area plus one spap~e per each company vehicle. 7• Professional, Instructional, Me~tivational Vocational and/or seminar Sahoo3s One space for each two students at maximum enrollment and one space for each instructor, or one spaoe for each 50 square feet of occupied area, whichever is greater . if , ho~tever, classes are 3.~ited to ohlyd~e~1 unt~er 16 years of age, this park3:ng require~tehts shall be as follows: ogre space for each instructor, plus ane loading space for each eight children. k. Dance Studios, Batting Cages and gymnastics Studios One space. per each three (3j .person allowed under the occupancy of the building. 1. Churches Assembly area and foyer; one space per every three (3j seats or one per every ~5 square feat of gross floor area when seating is not designacted. Sunday school, conference, and classrooms (if used simultaneously with assembly area): one space per every three seats or one per a_very 35 Page7of12 S ~ ~~ Jamboree Plaza District Regulations Page to E. The keeping and raising of mink F. Any and all residential uses except hotels- and motels operated on a per night basis. 3.6 C71~1Z~St!'Lfl USES Those uses not specifically listed are subject to a determination by the Co~nunity t3ev'elo~aent Director as either 1aer~~itted, conditionally permitted ar accessory and i,n which plan-Wing Area the use could be located. Decisions of the Director area appealable to the Planriing Commission. 3 . ? ~~~AY, D~"~BLC~PMBNT BTA~DARH8 A. Minimum Site Rectuirements 1. The minimum site size those parcels located within Planning Areas A & B shall be that which is necessary to accommodate the structure, as well as all required on-site parking, landscaping and other site improvements. There shall be na minin~ua site size for .parcels located within Planning Areas C & D. 2. The maximum building site coverage far structures located within Planning Areas A & B shall not exceed 50 percent. The ~~; building site coverage for structures. ]:ocateti in Planning Areas C & D shall not exceed ].~p~. 8. Minimum Build ng 5etb~c~s - A1.1 setbacks shall be measured fro~a the property line. 1. Froa- Ja Or n Pl a4a 1 anti r9 CQiiLtt+tlrl ~ t~T Dom'].^t Bounda~i.es - All Planned Community District Boundary building setback areas shall be landscaped, except for areas of vehicular ar pedestrian a-cress ways: a. Edinger Avenue - a minimum of thirty (30j feet. b. Jamboree Ftaad - a minimum of thirty {30) feet. c. AT&SF Railroad - a minimum of five (5) feet. Page 8 of 12 ~x~• M w DESI~D ~ PARKiNO .SPACES fbrklt-q 103 MenditoV 3 ~ . . Tool IOb Le end pa~~as Raa~rocol Acuss Easetmnl EXHIBIT "C" JpM80REE Pl_AZA PHASE I Rsdprxd Aatu Eawnenu cc EXHIBIT C (CONTINUED) 5 TTE PLAN FOR PRASE , l' (PAGE Z OF,2_PAGES) ~.: •;: r ;~ ~ w M ~w K ~~REFEREN~ t Oulidin9 ~~ Saban L6 . pyrpny N~ Saalan 3.1 ~~ Lgnp lNn sscilon ti tol I.ovokp ~tJnNorb9 Sa11on IZ.3 SHEET Z aF 2 SHEET ~ ~, .~;~ Page 9 of 12 ~ ,, ~ 1 Jamboree Plaza District Regulations Page 1 1.0 INTRODUCTION The regulations set forth in this ordinance for the Jamboree Playa Planned Community District have been established to satisfy the Planned Community District Regulations of the Tustin City Code anti to provide diversification of the relationships 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 relationship among retail, commercial, auto related repair and service, affi<~e, ~.ight industrial and public agency uses and protect the health, safety and general welfare of the community and provide the €lexibility needed to create a quality environment. Development within the Jamboree Plaza Planned Community shall occur pursuant to these Planned Community Regulations. 2.0 BTATISTTCAL SZII~iAi~Y/'LAND U3E DESI<~NATIONS There are four (4) separate land use categories provided within the Jamboree Plaza Planned Community, Land use designations are shown. on Exhibit 1 with a statistical summary of each planning area as follov~s ~~=ZINC AREA TOTAL AU~ORIZED F~ rrr nrn~r~ S4L?11R~ P,Q~T;~C A 20,000 B 9,10 C 23,200 D 73,400 B/C 5,450 B/D 22,000 C/D 10,000 TOTAL AUTHORISED BUILDING SQUARE FOOTAGE 163,200 Page 10 of 12 ~~ ~ ~~ 6. Declarant. The Declarant and the Owners consenting to this Third Amendment each hereby acknowledges and agrees that (i) Jamboree Plaza Holdings. LLC has t~placed ~ REO as the Declarant under the Declaration, anti has succeed to alt of the ~ghts, powers and reservations of AB REO, (ii) Declarant has agreed to asswme all of the duties of AB REO which have arisen or accrued on or after November 14, 1997, (iii) Section 1.13 of the Declaration is hereby amended to provide that Jamboree Plaza Holdings. LLC, a Delaware limited liability company, and its successors and assigns pursuant to Section 20.1 of the Declaration shall be the "Declarant" under the Declaration, and (iv) any and' all older references to the Original Declarant or AB REO in the Declaration is hereby deleted and rc~latxd with Declarant. 7. Oflice/Wareftouse Center. Section 1.24 of the Declaration is hereby deleted in its entizety. Any and all references in the Declaration to the term "Office/Warthousc Center" are het~by deleted. 8. Parcel. Parcels 1 through 6, 9, and A through E of Phase I as dasaribad in the Original Declaration, the First Amendment and the Second Amendment, shall mean the respective Parcefs described in Parcel Map 91.265. Parcels 1 through 22 and A through C of Phases II and III shall mean the respective Parcels of Parcel Map 97-164. 9. Parcel Map 97-I54. The Declarant has caused or shall cause that certain Parcel Map No. 97-164 for Phases li and III attached hereto as Exhibit "A-1" to recorded in the Ot~cial Records of Orange County, California ("Parcel Map 97-164"). The ternt "Parcel Map", as used in the Declaration, shall also include, without limitation, Parcel Map 97-164. 10. Retail Center. Section 1,33 of the Declarapon is hereby deleted `in its entirety. Any .and all references in the Declaration tt~ the term "Retail Center" arc hereby deleted. 11. Site Plao. The Site Plan for development of Phases II and I~I.s attached hereto as Exhibit "C". The term "Site Flan" as used in the Declaration shall aaean ttte-Site Plan for Phase I attached to the Original Declaration as Exhibit "C", as amended by the Second #mettdment, together with the Site Plan for Phases II and ITI attached hereto as Exhibit "C". 12. Parking. The Users of Phase 1 shall have the exclusive right to park ifl the thirteen (13) parking spaces of Parcel C of Parcel Map 91-265 which arc located adjacent to Parcel 3 of Parcel Map 91-265 an°d depicted on the Site Plan attached hereto as Exhibit "C". Tha Users of Phases II and III shall have the exclusive right to park in the remainder of the Parking Spaces of Parcel C of Parcel Map 91.265 and Parcels A, B and C of Parce} Map 97154. Attached hereto as Exhibit "G" is a fire lane plan depicting the designated fire lanes within Phases It and III of the Center. The fire lanes for Phase 1 are identified by red curbs within the parking arcs of Phase I. No User shall park any vehicle in the designated fire lanes within the Center, and the Association shall have the right to tow any such vehicle parked in violation hereof. 13. Construction and Inswllatioa; Timing Restriction on Constraction. Section 4.4(c) of the Declaration is hereby deleted in its entirety. W LT/-YLORl31151l43 SS7v 14 t")rrlf-r• nam Descriotron ~ 1999.252189 Psa~e3 ~f ~ 12 Comment: 7jrc~ /~w~e-~~i.~rh~ Exl.~oi~ ~rBx EXHIBIT "B" :.y TABLE OF PEa1VII1'I'ZA B~TII,DQIG AREAS AHD iISES I±O_„ R P~~, E I ~CEL 14L~ 4i-26' e - Allowable P3~LL~4. C~r'°-=,+ Area ]~ Pa+cel 1 9,4b1 Car wait ' Patter ~ 5,341 Food aarvice Parer 3 .3.000 Auto setvioe Panad 4 ., 12,33? Atuo amvioe " Parcel 3 .4,614 ~ ,yam ~cvics; Parod 6 4,477 ~p ~Oe, Parcel 9 5,341 Sarvica ststlvnt ~~R -B~ ;~ OC9'x0630.Qi3i~EtVi4043i~OS7~0T•7Z~97hdb Order. pam Description: 1999.252189 Ie2~oP~d 2 .comment: JAMBOREE PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS RECEIVED 5EP 17 2009 COMMUNITY DEVELOPMENT BUILDING DIV. Prepared by CITY` OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way Tustin, California 927$0 (714) 573-3140 ~~ Adopted by the Tustin City Council Ordinance No. 1072 June 17, 1991 Revised November 17, 1997 Ordinance No. 1191 January 5, 1998 Ordinance No. 1193 CITY OF TUSTIN ' JAMBOREE PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS TABLE OF CONTENTS 1.0 2.0 3.0 4.0 Page Number INTRODUCTION 1 STATISTICAL SUMMARY/LAND USE DESIGNATIONS 1 LAND USE REGULATIONS 2 3.1 Planning Area A 3.2 Planning Area B 2 3.3 Planning Area C 3 3.4 Planning Area D ~ 3.5 Prohibited Uses ~ 3.6 Unlisted Uses 9 3.7 General Development Standards 10 3.8 Transportation Demand Management 10 19 Impl ementation/Administration 23 4.1 Responsibility 4.2 Interpretations 23 4.3 Site Plan Review 23 4.4 Subdivisions 24 4.5 Variances, Conditional Use Permits 24 4.6 , Use Determinations and Temporary Uses Amendment to Distri t 24 4.7 c Regulations Enforcement 24 4.8 General Notes 24 25 Jamboree Plaza District Regulations Page 1 1.0 INTRODUCTION The regulations set forth in this ordinance for the Jamboree Plaza Planned Community District have been established to satisfy the Planned Community District Regulations of the Tustin City Code and to provide diversification of the relationships 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 relationship among retail, commercial, auto related repair and service, office, light industrial and public agency uses and protect the health, safety and general welfare of the community and provide the flexibility needed to create a quality environment. Development within the Jamboree Plaza Planned Community shall occur pursuant to these Planned Community Regulations. 2.0 STATISTICAL STJNIlKARY/LAND USL DESIGNATIONS There are four (4) separate land use categories provided within the Jamboree Plaza Planned Community. Land use designations are shown on Exhibit 1 with a statistical summary of each planning area as follows: PLANNING AREA TOTAL AUTHORIZED BUILDING SQUARE FOOTAGE p, 20,000 g 9, 150 C 23,200 D 73,400 B/C 5,450 g/D 22,000 C/D 10,000 TOTAL AUTHORIZED BUILDING SQUARE FOOTAGE 163,200 Jamboree Plaza District Regulations Page 2 3.0 LAND USE REGULATIONS The land use and development standards within this section act as a principal part of the controlling mechanism for implementation of the Jamboree Plaza Planned Community District designation. Standards set forth in this section will ensure that future development within the Jamboree Plaza Planned Community proceeds in a consistent and appropriate manner. Future review of subdivisions and site plans by the City of Tustin will provide assurance that these standards are realized. 3.1 PLANNING AREA A A. Purpose & Intent Planning Area A is intended to provide individual pad development of freestanding facilities along the Edinger Avenue project frontage complimentary to the retail and commercial service uses of the center and to provide valuable services to the motoring public on the major traffic routes in the vicinity. B. Permitted & Conditionally Permitted Uses The following uses shall be permitted by right as a principal use in Planning Area A where the symbol "P" occurs, and by Conditional Use Permit where the symbol "C" occurs. 1. Alcoholic beverage sales establishments C subject to the following criteria: Off-site sales establishments shall be located a minimum distance of 100 feet from any residentially zoned or used property; 300 feet from any other existing off-site sales establishment; and 600 feet from any church, public or private school, playground or hospital. 2. Automobile Service Stations, including self p service stations. 3. Carwashes, including self service carwashes. P 4. Convenience markets, subject to provisions P .._. _.._.._.._. '- ..J... , 1 I ~ l~ 1111111 ~l l I ~~~~ ! r• _ ~ ~ ~ ~ ~ ~- : J j i1 i ~ ~ ~ i _ _ tr f~ ! i v i_ ~ O ~ i !- ~ / _ ~- 1 / 1. ~ i ~ ~ g , __ __ . -_ ~ g '~ /. f I ~~~ ~ I - ~ I /a ~/ ~ ~ ~ ~ ~ ~ T j I ~~ ~ ~ Y ~/ t ,~ ! - ~ / ~ Q ~ +~\v ` t ` ~ I I ~ !- i ~ ~ ~7 z:za •iirrara•~a:I~ i ~ 1 ~` ~ . ~~ Q ~ ~ ~ ~ ~ ~ ,' Ilii litiiitii t L ~ ~ _ iiii iiiiiiiii ( I ~~ ~ ". I ~} ~~ ,,,, ,,,a,,,a,I, I ~~ .~ i ~ .!ii ?~iit}??di ~ ~ ~ i ~ ............. !` _ ~ ' i ~ I I ~ ~~ i/ ~ r :... ~ / I ~ j ' - tY. / / /.' l it ~_ ~ ~ _ :, i ly I I _~ ~ i I_, I = ~=' i - i - ~: I _~~ I I i ~ ~'~ ~~.~- ` `/~ = r; , }~ ~ ~ ~. ~ ;a i i , i , i i i i i ~ 1 a" i~ r" i~ ~ ~ ~ ~ ~ ~ ~ ~33333~3 3~~ a a a sz:...:aq,r iiitill! ,; ,j ,~ Siiiiiii is ~" ,} °' :i ,-,ua„ a ~ it}.;}}'J l ,. :i ,. :; i; t~ . i • ....... 1~ !~ ~~ ~ 7 h:XHI13IT - 1 V, i II~ ~ ~1 t ~~ 3 J Z q N W~ C7 2 ~ yl Q f'. {'~. } 3 U Q } J W ~N.` t 1 ~{' /~ _ ~•.V ~~ ~ ~ ~'' / • riw '•~ i i ~ ~ ~'~ ~ ~ ~~. i ~ /~ ~- .\ . ~~~~ ~. C~. i ~ •' \ •`~ I I ~~ / N ~. 1 ~ ` ~ J _ M // ~' ~ i ~ 1 • ~. ~ ~~ ~.;1 / I •li I ~ ~ J,, ~' ,, ~~~ ~~ , ~, U _ ~, I N I I ~/~ .~ ~/ i I O ~ m i ~ N 1 I ~ I O r i ~ i ~ N I I / J I / . r ~ i I ~ i I I i i I ~" I I I /~ J I II I I .~ ( ~ I \' I' Ij i /• 1~ i i i -~ i i I~ , .I '~ I ~ ~ ~ ~ \\ i ~~ ~ ~ ~ ~ o I ~~ M ~ ~~ O~ i it M ~I ,, i ii ~~~I~~I~ ~ ~ i ~ ~. ~ ~ ~: p (~. I I M ' I ION ~ a _ .•;' ~. I Q M i ~ \ ! • \ i ~ /~ ,~ / ~, .. ~ /r\~; /\~ \\\ /J// ~ ^ ~, . ~ / \ •. \ \ \ CIi ~\~ \\\` / ~~ ~ a1~ 0° (O Q O I I / / / \ " ~ ~ ~ ~ i Jamboree Plaza District Regulations Page 3 of City Ordinance No. 981 which defines a "Convenience Market" as a establishment under 15,000 square feet in size where food, beverage, magazine, and auto related items, or any combination thereof are sold for off-site use and/or consumption. 5. Restaurants, including drive-thru P 1) Outdoor seating associated with a C restaurant subject to provisions of Planning Commission Resolution 2490 related to development guidelines for outdoor seating. 3.2 PLANNING AREA B A• Purpose & Intent The intent of Planning Area B is to provide development of retail and commercial uses which needs to maximize location adjacent to a major arterial. B. Permitted & Condit'on 11 Permitted Uses The following uses shall be permitted by right when conducted entirely within a building as a principal use in Planning Area B where the symbol "P" occurs and by Conditional Use Permit where the symbol "C" occurs. 1. Retail Businesses: a. Alcoholic beverage sales establishments.C subject to the following criteria: Off-site sales establishments shall be located a minimum distance of 100 feet from any residentially zoned or used property; 300 feet from any other existing off-site sales establishment; and 600 feet from any church, public or private school, playground or hospital. Jamboree Plaza District Regulations Page 4 b. Antiques and curio stores c. Art goods d. Appliance stores e. Audio and video sales and service, dxcluding installations f. Auto supplies and parts, excluding installations g. Bicycle sales, including repairs and service h. Books and stationary i. Ceramics, not including molding, casting, or manufacturing by any process j. .Clothing ConfectioneL-y k. Department store 1. Drug store, including sundries and notions m. Dry goods n. Florist shops o. Food markets p. Hardware stores, excluding equipment rentals q. Household goods and furnishings r. Jewelry stores, including repair and watchmaking s. Leather goods t. Musical supplies and instruments u. Newsstands v. Office supplies and equipment sales P P P P P P P P P P P P P P P P P P P P P Jamboree Plaza District Regulations Page 5 w. Paint and wallpaper stores p x. Religious supplies p y. Restaurants p 1) Outdoor seating associated with a C restaurant subject to provisions of Planning Commission Resolution No. 2490 related to development guidelines for outdoor seating. z. Shoe stores p aa. Sporting goods, not including boat and P motor sales bb. Variety stores p cc. Video rental stores p -y 2. Service Businesses: a. Banks and finance institutions p b. Barber and Beauty shops p c. Blueprinting companies p d. Drycleaning and laundry establishments, p excluding cleaning and laundry plants e. Interior decorators p f. Job printing p g. Locksmiths p h. Photograph galleries p i. Seamstress or millinery shops p j. Shoe or luggage repair shops p k. Tailor shops p 1. Telephone answering services p Jamboree Plaza District Regulations Page 6 m. Travel agencies P n. Typing and addressing services P 3. Professional Offices: a. Accountants P b. Architects P c. Attorneys P d. Chiropractors P e. Dentists P f. Doctors P g. Engineers P h. Land Surveyors P ~„~ i. Optometrist P j. Others licensed by the State of P California to practice the healing arts, including clinics for out- patients only 4. General Offices for: a. Advertising agencies P b. Contractors and building consultants, P but not including corporate yards c. Drafting Services P d. Economic consultants P e. Escrow Companies P f. Insurance Companies P g. Real Estate offices P h. Public utility office, excluding P corporate yards Jamboree Plaza District Regulations Page 7 3.3 PLANNING AREA C A. Purpose & Intent The intent of Planning Area C cohesive environment for auto operate without negatively imp uses or other uses within the providing maximum convenience motoring public. is to provide a service uses to acting adjacent land center and still and location for the B. Permitted & Conditionally Permitted Uses The following uses shall be permitted by right when conducted entirely within a building as a principal use in Planning Area C where the symbol "P" occurs,. by Conditional Use Permit where the symbol "C" occurs. 1. Audio and video equipment sales and service, p including installation 2. Automotive repair and service, excluding p paint and body shops 3. Automotive supplies and parts (retail) p 4. Insurance claims adjusters p 3.4 PLANNING AREA D A. Purpose & Intent The intent of Planning Area D is to provide development of office, light industrial and warehouse uses to compliment and support surrounding, existing and planned land uses. It is intended that this Planning Area would also accommodate a major public agency facility such as the California Highway Patrol. B.. Permitted & Conditionally Permitted Uses The following uses shall be permitted by right when conducted entirely within a building as a principal use in Planning Area B where the symbol "P" occurs, by Conditional Use Permit where the symbol "C" occurs and as Accessory Use where the symbol "A" Jamboree Plaza District Regulations Page 8 occurs provided that said accessary uses are found to be customarily associated with and subordinate to a permitted use. 1. Service Businesses: a. Those uses identified in Section C/P 3.2.8.2 of these regulations. 2. Professional and General Offices: a. Those uses identified in Sections C/P 3.2.B.3 and 3.2.8.4 of these regulations. 3. General Offices: a. Those uses identified in Section C/P ' 3.2.8.3 of these regulations. 4. Industrial Uses: .,_ a. Those uses listed in Section C/P 3.3.B, subject to the Limitation of Uses identified in Section 3.7.H and only when conducted within an entire building. b. Chemical laboratories P c. Distributors of electronic, electrical P and electromechanical products d. Finished paper products P e. Food and kindred products P f. Manufacturing P g. Storage and Distribution, not including P public storage h. Printing plants P i. Ceramic and plastic fabrication P j. Textile and furniture manufacturing P k. Scientific instrument manufacturing P Jamboree Plaza District Regulations Page 9 1. Precision machine shop p m. Pharmaceutical products p n. Public agencies P i) Antenna and other communication A equipment not to exceed 60 feet in height and which is not entirely screened from view, subject to approval of the Community Development Director.' o. Professional, instruct motivational, C vocational and/or seminar schools. p. Churches, subject to provisions of C Planning Commission Resolution No. 2'715 related to development guidelines for churches in industrial areas. ` q. Batting cages C r. Gymnastic studios C s. Dance studios C 3.5 PROHIBITED USES The following uses shall be specifically prohibited within the Jamboree Plaza Planned Community due to its location within the Browning and GCA Corridor easements agreement areas with the USMCA-Tustin: A. Airports B. Hospitals and Sanitariums C. Any auditorium, amphitheater and assembly halls within seating capacity for more than 1,500 persons D. Manufacturing, storage, handling and distribution of munitions, explosive, petrochemicals or gasoline or related petroleum products, except underground storage of petroleum or gasoline and °related petroleum products incidental to a permitted use. Jamboree Plaza District Regulations Page 10 E. The keeping and raising of mink F. Any and all residential. uses except hotels and motels operated on a per night basis. 3.6 ONLISTED IISEB Those uses not specifically listed are subject to a determination by the Community Development Director as either permitted, conditionally penaitted or accessory and in which Planning Area the use could be located. Decisions of the Director are appealable to the Planning Commission. 3.7 C3ENERAL DEVELOPMENT BTANDARDB A. Minimum Site Requirements 1. The minimum site size those parcels located within Planning Areas A & B shall be that which is necessary to accommodate the structure, as well as all required on-site parking, ..- landscaping and other site improvements. There shall be no minimum site size for .parcels located within Planning Areas C & D. 2. The maximum building site coverage for structures located within Planning Areas A & B shall not exceed 50 percent. The maximum building site coverage for structures located in Planning Areas C & D shall not exceed 100$. B. Minimum Building Setbacks - All setbacks shall be measured from the property line. 1. From Jamboree Plaza Planned Community Distric Boundaries - All Planned Community District Boundary building setback areas shall be landscaped, except for areas of vehicular or pedestrian access ways: a. Edinger Avenue - a minimum of thirty (30) feet. b. Jamboree Road - a minimum of thirty (30j feet. c. AT&SF Railroad - a minimum of five (5j feet. Jamboree Plaza District Regulations Page it d. Reservation Parcel - a minimum of 5 feet from the westerly property line of Reservation Parcel C. 2. From Interior of Planned Co mnnity pj,str;rt No minimum building setbacks shall be required from all property lines within the interior of the project, provided that there is no conflict with setback requirements in Subsection 1 above which shall take precedent. C. Minimum Distance Between Buildings - Buildings shall be separated a minimum distance of twenty-five (25) feet unless attached in accordance with applicable Uniform Building Code requirements. D. Building Heights 1. The maximum building height allowed within the Jamboree Plaza Planned Community is 45 feet unless otherwise noted within these Regulations. 2. Additional building height may be granted subject to approval of a Conditional Use Permit. However, the building heights shall not exceed in any event the current regulations for imaginary surfaces, as defined within the Air Installation Compatibility Zone Study for MCAS(H)-Tustin and the Browning and GCA corridor easement agreements. E. Landscaping 1. Landscaping & Screening a. Screening shall be installed along all parking areas abutting streets. The screening shall have a total height of not more than thirty-six (36) inches. Where the finished elevation of the property at the Planned Community boundary, or within 5 feet from the inside of the boundary, is lower than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the requirements of this section. Jamboree Plaza District Regulations Page 12 A screen as referred to above shall consist of one or any combination of the following, as reviewed and approved by the Community Development Department during Design Review: 1) Walls, including retaining which shall be constructed with masonry materials consistent with the architectural style of the project. ~2) Berms which shall be constructed of earthen materials and shall be landscaped. 3) Landscaping consisting of evergreen or deciduous trees and shrubs shall be used. b. All landscaping installation shall conform with the City of Tustin Landscaping and Irrigation Submittal Requirements. 2. Undeveloped Areas a. A separate Precise Grading Plan/Erosion Control Plan, in accordance with the City of Tustin Grading and Excavation Code, shall incorporate provisions for erosion control on all graded sites which will remain unimproved prior to building constructor. In addition, should any site remain unimproved for more than ninety (90) days after the first Certificate of Occupancy is issued for the Plaza, temporary landscaping and irrigation shall be installed and maintained until commencement of construction on the applicable pad. F. Parking Requirements 1. Parking Spaces Required a. All uses shall provide off-street parking in accordance with subsection 2 below. The requirements for any use not listed specifically shall be determined by the Community Development Director on the Jamboree Plaza District Regulations Page 13 basis of the requirements for similar uses. The number of handicap spaces shall be as required by the Uniform Building code and state handicap requirements. b. Fractional of Parking Spaces - Where the application of the off-street parking requirements results in a fractional number of spaces required, then the fraction shall be rbunded to the next higher whole number. c. Restricting the Use of Parking Spaces - All required parking spaces shall be made available permanently for automobile parking not only for employees working on the premises for which parking is required but also for customers and guests having lawful reason to be at the premises for which such parking is required. In the absence of prior approval from the Community Development Department, it is unlawful for any owner, lessee, tenant or any person having control of the operation of any premises, for which parking i~ required to prevent, prohibit or restrict authorized persons from using parking. d. All handicap parking spaces shall be located as close as is practical to the entrance(s) to the use they are. intended to serve, and oriented so that a user of the handicap parking space does not have to go past the rear of the automotive parking space in order to reach the building's entrance. e. Parking area dimensions, location, aisle width, access and stall size, etc. shall conform to the City's design review criteria on file in the community Development Department. 2. Required Parking by Use: a. Office One (1) space for each 250 square feet of gross floor area. Jamboree Plaza District Regulations Page 14 b. Manufacturing, Assembly, Research & Development One (1) space for each 500 square feet of gross floor area but not less than two (2) parking spaces for each three (3) employees, plus parking for other uses on the site. c. Warehouse One (1) space for each 1,000 square feet of gross floor area for the first 20,000 square feet; one~(1) space for each 2,000 square feet for the second 20,000 square feet; one (1) space for each 4,000 square feet of gross floor area for areas in excess of the initial 40,000 square feet of floor area of the building but not less than two (2) parking spaces for each three (3) employees, plus parking for other uses on the site. d. Retail One parking space per each 200 square feet of gross floor area unless otherwise specified. e. Auto Service One parking space per each 500 square feet of vehicle service and storage area and one space per each 200 square feet of retail, showroom, customer waiting and office areas. f. Restaurants One parking space per each 100 square feet of gross floor area, plus minimum stacking area for seven (7) cars where a drive-thru service window is provided. Stacking distance is determined from the menu order board to the entrance to the drive-thru lane. Jamboree Plaza District Regulations Page 15 g. Gas Stations Six per service station. h. Carwashes One parking space per each employee based upon the largest shift, including drying attendants. i. Public Agency Facilities One space for each 250 square feet of gross floor area plus one space per each company vehicle. J• Professional, Instructional, Motivational Vocational and/or Seminar Schools One space for each two students at maximum enrollment and one space for each instructor, or one space for each 50 square feet of occupied area, whichever is greater. If, however, classes are limited to children under 16 years of age, the parking requirements shall be as follows: one space for each instructor, plus one loading space for each eight children. k. Dance Studios, Batting Cages and gymnastics Studios One space per allowed under building. 1. Churches each three (3j person the occupancy of the Assembly area and foyer: one space per every three (3) seats or one per every 35 square feet of gross floor area when seating is not designated. Sunday school, conference, and classrooms (if used simultaneously with assembly area): one space per every three seats or one per every 35 Jamboree Plaza District Regulations Page 16 square feet of gross floor area when seating is not designated. G. Sign and Graphic Standards. All signs for the project, including center identification, individual business identification, directional and informational signs shall be developed in accordance with the approved sign program for Jamboree Plaza. The sign program for Jamboree Plaza shall be developed in accordance with applicable standards of the City Sign Code. Planning Areas "A", "H" and "C" shall be subject to development criteria for Commercial Districts under the shopping center subcategory. Planning Area "D" shall be subject to development criteria for Industrial Districts. H. Limitation. of Uses 1. All business activity, with exception of ,~, outdoor seating as otherwise noted, and mechanical work shall take place entirely within the building. No vehicular repair shall take place in any parking space or drive aisle. 2. All vehicles that are not being worked on within the building shall be parked only within designated marked parking spaces. Absolutely no parking shall be permitted in front of the roll up doors or any drive aisle. 3. All inoperative vehicles shall be parked within the building. Absolutely no inoperative vehicles shall be permitted to be parked within the Jamboree Plaza outside of the building, including marked spaces. 4. No outdoor storage or display of materials of any kind shall be permitted except as approved by the Community Development Director. 5. All requirements of the City's Noise Ordinance (Chapter 6 of the Tustin City Code) shall be met at all times. ' Jamboree Plaza District Regulations Page 17 I. Fences and Walls a. Height and Location Fences, hedges and walls not greater than eight (8j feet in height shall be permitted within all rear and side property lines except that a twelve (12j foot fence may be permitted subject to approval of the community Development Director. The height of fences, hedges and walls shall not exceed 6'-8" along the Edinger Avenue and Jamboree Road frontage and shall be located outside of the boundary setback as specified in Section 3.6.B.1. No fence, hedge or wall over three (3) feet in height shall be permitted in any required corner visibility clearance area within the project as determined by the City's Traffic Engineer. b. Restrictions on Materials Walls or fences of corrugated iron, steel, aluminum, asbestos, or security chain-link fencing, including barbed and razor wire, are specifically prohibited. Chain-link fencing is permitted when combined with redwood or plastic battens in all areas except those fronting along Jamboree Road and Edinger Avenue. J. Telephone and Electrical Service All utilities exclusively serving the site shall be placed underground. Transformer or terminal equipment will be screened from view of adjacent streets and properties. K. Refuse Collection Areas All outdoor refuse collection areas shall be visually screened from public rights-of-way, internal access drives and parking areas, adjacent properties and railroad right-of-way. Collection area shall be shielded from view within a building or enclosed by a wall not less than six (6) feet in Jamboree Plaza District Regulations Paqe L8 height. Said enclosures shall be designed consistent and to complement main building materials. The City, during Design Review, shall require accommodation of adequate facilities to encourage refuse recycling, including interior storage or source separated materials and innovative designs inside and outside of buildings to make recycling more convenient and accessible. L. Loadr~g Dock Areas and Loadinct Spaces 1. Loading docks and roll up service doors will be allowed providing the loading dock or service door is located a minimum of seventy (70) feet from Jamboree Road and Edinger Avenue. Loading dock areas shall not face Jamboree Road or Edinger Avenue. 2. Loading docks and service doors shall have safe and adequate means of ingress and egress for trucks to and from public street and internal circulation systea. v 3. The size, location and design treatment of loading dock and service doors shall be subject to Design Review approval. 4. Loading spaces for the loading and unloading of commercial vehicles which are a minimum dimension of 10 feet wide by 25 feet deep shall be provided and maintained within the following Planning Areas: a. Planning Area B - Minimum of one (1) loading space. b. Planning Area C - Minimum of one (1) loading space. c. Planning Area D - Minimum of four (4) Phase II is not California highway minimum of three (3) be provided within t loading develop Patrol loading he Phase spaces. If red with a facility, a spaces shall II area. M. Maintenance 1. All structures ~t Jamboree Plaza will be Jamboree Plaza District Regulations Page 19 maintained in a neat and orderly manner. 2. All permitted signs will be maintained in a neat and orderly manner. N. Public Safety No operation in tie manufacture, compounding, assembling, processing or treatment of any product, and no material stored on property within the Complex shall be injurious to the health, safety or welfare of persons residing or working in the neighborhood by reason of danger to life or property. 3.8 TRANSPORTATION DEMAND MANAGg,MgNT (TDM) City Council Ordinance No. 1062 establishes Transportation Demand Management (TDM) requirements for specified new non-residential development projects. The purpose of the TDM requirements is to satisfy provisions of State law for development of trip reduction and travel demand element as part of the City's Congestion Management Program. A. Facility Standards The specific TDM provisions applicable to Jamboree Plaza, as related to facility standards pursuant to City Code Section 9904, include but may not be limited to: 1. Preferential parking for Carpool vehicles - At least 10$ of the employee parking spaces are required to be reserved and designated for carpool vehicles by marking such spaces "Carpool only". The ordinance specifies what percentage of required parking shall be allocated to employee parking which is based upon the type of use. 2. Bicycle Parking Facilities - Bicycle racks or parking facilities are required to be provided in a secure location for use by employees or tenants who commute to the site by bicycle. The ordinance establishes minimum requirements and security provisions for acceptable bicycle facilities. Jamboree Plata District Regulations Page 20 3. shower and Locker Facilities - Shower and locker room facilities for employees of each sex are to be provided. 4. Trip Reduction Information - A commuter information center, in a central location accessible to all employees and tenants, shall be provided to make available current transit maps, routes and schedules fvr public transit; ridesharing match lists; available employee incentives; and ridesharing promotional 'materials supplied by commuter-oriented organizations. 5. Carpool and Vanpool Loading Areas - The City Traffic Engineer is responsible for determining the necessity far the design and location of passenger loading areas to embark and disembark for carpool and vanpool vehicles. 6. Bus Stop Improvements - Bus stop improvements including bus pullouts, bus pads, shelters, and ,~, any necessary right-of-way shall be provided and constructed in accordance with applicable orange County Transit District Standards. B. Trice Reduction~TDM Strategy Plan and Annual Report The specific TDM provisions applicable to Jamboree Plaza Planned Community as related to Trip Reduction/TDM Strategy Plan and Annual Report pursuant to City Code Section 9905 include, but may not be limited to: 1. The preparation of an initial Trip Reduction/TDM Strategy Plan by the Developer, Property Owner or their designee shall be submitted to (along with applicable fees as established by Resolution No. 91-49) and approved by the City Traffic Engineer for the entire development prior to issuance of any building permits for any phase of development within the Jamboree Plaza Planned Community project boundaries. The TDM must be designed to reduce trips to achieve 1.5 Average vehicle Ridership. The plan shall identify initial Trip Reduction/TDM proposed programs and strategies Jamboree Plaza District Regulations Page 21 to achieve the AVR objectives which may include, but are not limited to, the following: 1. Establishment of carpool, buspool or vanpool programs; 2. Vanpool purchase incentives; 3. Cash allowances, passes or other public transit subsidies and purchase incentives; 4. Parking fees for SOVs; 5. Full or partial parking subsidies for ridesharinq vehicles; 6. Preferential parking for ridesharinq vehicles; 7. Computerized commuter rideshare matching service; 8. Guaranteed ride-home program for ridesharinq; 9. Alternative work week and flex-time schedules; 10~. Telecommuting or work-at-home programs; 11. On-site lunch rooms/cafeterias; 12. On-site commercial services such as banks, ~'~ restaurants and small retail; 13. On-site day care facilities; 14. Designation of an on-site Transportation Coordinator for the project. An applicant may perform the TDM programs through tenants or lessees in the project. However, agreements that tenants or lessees will so perform shall not relieve applicant or its successors of that duty to perform or require performance. If conditioned as part of subdivision approval of a project, recorded Codes, Covenants and Restrictions (CC&Rs) shall include provisions to guarantee adherence to the TDM objectives and perpetual operation of the TDM program regardless of property ownership, inform all subsequent property owners of the requirements imposed herein, and identify potential consequences of non-performance. Each space use agreement (i.e., lease document) shall also include TDM provisions for the site as a means to inform and commit tenants to and participate in helping specific Applicable Developments meet TDM performance requirements. Jamboree Plaza District Regulations Page 22 2. The preparation of an annual status report by the Developer, Property Owner or their designee shall be submitted to (along with applicable fees as well as penalty fees far non-compliance as established by Resolution No. 91-49) and approved by the City Traffic Engineer to monitor and determine continued compliance with the approved TDM plan. 3. The TDM Performance Reports shall focus on ridesharinq and trip reduction incentives offered by the project and shall consist of a report that: a. estimates AVR levels attained; b. verifies that the plan incentives have been offered;' c. Describes use of those incentives offered by employers; d. evaluates why the plan did or did not work, and an explanation of why the revised plan is likely to achieve the AVR target levels; e. lists additional incentives which can be reasonably expected to correct deficiencies; and . f. evaluates the feasibility and effectiveness of Trip Reduction/TDM Program and strategies, as implemented. 4. In the event that TDM objectives are not met, the City shall notify the property owner in writing of failure to comply. If the TDM performance objectives are not satisfied, the property owner shall either: a. Submit to the City within 30 days of notification by City a list of TDM measures that will be implemented to meet the TDM objectives within 180 days of written notification by the City of Tustin. At the end of the 180-day period, the property owner shall submit a revised performance report to determine compliance with TDM objectives. No further measures will be necessary if the TDM objectives are met. Jamboree Plaza District Regulations Page 23 b. Should the TDM objectives not be satisfied by the end of the 180-day period, the property owner(s) shall pay a TDM penalty fee to the City in an amount determined by Resolution of the City Council. Said penalty fee shall be used to improve street capacity through construction of physical improvements to be selected by the City of Tustin from the list of areawide improvements identified in the City's CMP. 4.0 4.1 IMPLEMENTATION/ADMINISTRATION Responsibility The Department of Community Development shall be responsible for the administration and enforcement of provisions of these reaulation4_ 4.2 Interpretations If ambiguity arises concerning the appropriate application of provisions contained in these District Regulations, the Director of Community Development shall make the appropriate determination. In making these determinations, 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 the Planning Community District Regulations and individual land use designation within the district; C. Provisions contained in the General Plan. D. Any decision of the Director may be appealed to the Planning Commission. Jamboree Plaza District Regulations page 24 4.3 Site Plan Review Design Review by the Community Development Department is required prior to submitting plans and specification for plan check and building permit processing. The applicant shall submit plans and all information to the Community Development Department in accordance wit lication shall Tustin Design Review requirements. Said app include but is not limited to conceptual site plans, architectural elevations of all building exteriors, and conceptual common area landscape plans. The decisions by the. Community Development Department shall be final unless appealed to the Planning Commission with 7 days of the Community Development Department's decision. While the Community Development Department review is not subject to a public hearing, the Community Development Department may impose reasonable conditions necessary to ensure compliance with the Jamboree Plaza District Regulations. 4.4 Subdivisions All divisions of land within the project area shall be .processed in accordance with the Tustin city code and state subdivision map act. 4.5 variances, conditional Use Permits, Use Determinations, and Temporary Uses All applications shall be processed in accordance with the Tustin city code. 4.6 Amendment to District Regulations Any amendments to the Jamboree Plaza District Regulations contained herein which changes any property from one land use designation to another shall be initiated and processed in the same manner set forth in the Tustin City Code for amending the City Zoning Map. 4.7 ENFORCEMENT The Jamboree Plaza 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 he subject to Penalty Jamboree Plaza District Regulations Page 25 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. Subdivision map and development plan conditions imposed pursuant to City code shall also be subject to penalty provisions and citation procedures of the Tustin City Code. 4.8 GENERAL NOTES A. Businesses located within the Planned Community shall not be operated or maintained in fashion detrimental- to the public health, safety and welfare or materially injurious to properties or improvements in the immediate vicinity. B. Whenever the regulations contained herein conflict with the regulations of the Tustin City code, the established zoning regulation shall take precedence. C. All construction shall comply with all provisions of the Tustin City Code. D. Sewage disposal facilities within the planned community area shall be furnished by the City of Tustin in cooperation with the use of existing Irvine Ranch Water District facilities within the Orange County Sanitation District. Water service shall be furnished by Irvine Ranch Water District. E. A plan for silt control storm run-off on the property during the construction and during the initial operation of the tract maintaining the integrity of silt control facilities during normal operations, shall be prepared and submitted to and approved by the City of Tustin in accordance with the City of Tustin Grading and Excavation Code prior to issuance of a grading permit. F. Approval by the South Coast Air Quality Management District shall be required for any plans, devices, or facilities for the control of any air pollutants which may be generated. G. After the commencement of construction of any structure, or any improvement thereon, the owner shall diligently pursue the work thereon to an end. Jamboree Plaza District Regulations Page 26 H. The property owner shall diligently proceed to develop or market the land for development in accordance with the District Regulations and Conditions of Approval. I. Mitigation measures identified and adopted in the environmental documents prepared pursuant to the California Environmental Quality Act shall be incorporated be reference herein. DF:nm/regs.mis