HomeMy WebLinkAboutPC RES 3911
RESOLUTION NO. 3911
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
OF THE CITY OF TUSTIN APPROVE ZONE CHANGE 03-002 BY
ADOPTING ORDINANCE NO. 1284 TO CHANGE THE ZONING ON A
1.036 ACRE SITE AT THE NORTHWEST CORNER OF MAIN STREET
AND PROSPECT AVENUE FROM "CENTRAL COMMERCIAL AND
PARKING OVERLAY (C2-P)" TO "PLANNED COMMUNITY (P-C)" AND
ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS TO
SET FORTH LAND USE RELATIONSHIPS AND DEVELOPMENT
STANDARDS FOR A MIXED USE DEVELOPMENT WITH
COMMERCIAL AND RESIDENTIAL USES
The Planning Commission does hereby resolve as follows:
I.
The Planning Commission finds and determines as follows:
A.
That a proper development application, Zone Change 03-002, was
submitted by Prospect Village LP, a California Limited Partnership (formerly
known as Pelican Center, LLC), requesting approval to change the zoning
on a 1.036 acre site at the northwest corner of Prospect Avenue and Main
Street from "Central Commercial and Parking Overlay" to "Planned
Community (P-C)" and adopt the "Prospect Village Planned Community
District Regulations" to set forth land use relationships and development
standards for a mixed use development with commercial and residential
uses to accommodate the development of a commercial/office building and
twelve (12) live/work units as shown on the conceptual development
plans, which are incorporated into the Prospect Village Planned
Community District Regulations, in accordance with Section 9244 of the
Tustin City Code.
B.
That a public hearing was duly called, noticed, and held on said
application on April 26, 2004, by the Planning Commission.
C.
The project site is located at the northwest corner of Main Street and
Prospect Avenue and is located within the General Plan "Old Town
Commercial" land use designation, Central Commercial-Parking Overlay
(C2-P) zoning district, Cultural Resources Overlay zoning district, and the
Town Center Redevelopment Project Area. The proposed zone change
would change the zoning designation from "Central Commercial-Parking
Overlay (C2-P)" to "Planned Community (P-C)." The General Plan land
use, Cultural Resources Overlay, and Town Center Redevelopment
Project Area designations would not be amended.
D.
The proposed zone change is consistent with the Tustin General Plan in that
the "Old Town Commercial" land use designation, where the project is
located, provides for the development of a variety of retail, professional
Resolution No. 3911
Zone Change 03-002
Page 2
E.
offices and service-oriented uses, including residential uses, which are
allowed at the discretion of the City. This land use designation provides for
the adoption of a Planned Community district and district regulations to
govern the location, land use type, density, and building intensity standards
to ensure compatibility of land uses in the vicinity and within a development.
The proposed "Planned Community (P-C) zoning district" and the "Prospect
Village Planned Community District Regulations" would provide for a
maximum building intensity (floor area ratio) of 1.0:1.28 within Planning Area
A (commercial portion). Although the General Plan suggests a maximum
floor area ratio of 1.0:1, the Planned Community district regulations are
intended to regulate building intensity. This floor area ratio is generally
consistent with many of the two-story buildings in Old Town and is
appropriate for the site and the type of development envisioned by the Old
Town Commercial land use designation. The live/work portion of the project
will have a residential density of 16 dwelling units per acre, which
corresponds to the lower end of the high density residential land use
designation range of 15 dwelling units to 25 dwelling units per net acre. The
Old Town Commercial land use designation provides for a range of
residential densities by allowing a population density range of 2 to 54
persons per acre. Using an average of 2.24 persons per dwelling unit
assumed for the high density residential range, the Planned Community
District Regulations would provide for approximately 27 persons on
approximately three-quarters of an acre (or 34 persons per acre) and is
within the density range anticipated by the General Plan.
The proposed zone change supports and is consistent with the Tustin
General Plan. The Land Use Element includes the City's goals and
policies for the long-term growth, development, and revitalization of Tustin.
Based on the summary of issues, needs, opportunities, and constraints
described in the Tustin Land Use Element, ten goals are identified which
include the following:
1.
2.
3.
Achieve balanced development.
Ensure that compatible and complementary development occurs.
Revitalize older commercial, industrial, and residential
development.
Improve city-wide urban design.
Promote economic expansion and diversification.
Coordinate development with provision of adequate public facilities
and services.
Ensure that the development character of East Tustin is compatible
with the surrounding man-made and natural environment.
Strengthen the development character and mixture of uses in the
Old Town/First Street area.
Promote an integrated business park character for the Pacific
Center East area.
4.
5.
6.
7.
8.
9.
Resolution No. 3911
Zone Change 03-002
Page 3
10.
Implement a reuse plan for MCAS Tustin which maximizes the
appeal of the site as a mixed-use, master planned development.
These goals establish the framework for policies related to allocation of
land use in the City and the implementation policies reflect the direction
and image the City seeks for the future. The proposed Planned
Community zoning district and Planned Community District Regulations
support several General Plan goals and policies, including the following:
1.
2.
3.
4.
The project will implement policies under the goal to achieve
balanced development including:
a.
Policy 1.2 - Provide for and encourage the development of a
neighborhood serving commercial uses in areas
underserved and encourage the integration of retail or
service commercial uses on the street level of office projects.
Policy 1.5 - Encourage compatible and complementary infill
of a previously by-passed parcel in areas already
predominately developed.
b.
The project will implement policies under the goal to ensure
compatible and complementary development including:
a.
Policy 3.8 - Encourage consolidation of parking and
reciprocal access agreements among adjacent businesses.
Policy 4.3 - Where mixed uses are permitted, ensure
compatible integration of adjacent uses to minimize conflicts.
b.
The project will implement policies under the goal to revitalize older
commercial, industrial, and residential properties including:
Policy 5.1 - Encourage and continue the use of
redevelopment activities, including the provision of
incentives for private development, public-private
partnerships, and public improvements in the Town Center
and South Central redevelopment project areas.
Policy 5.2 - Provide development incentives to facilitate the
consolidation of individual parcels along the City's
commercial corridors.
Policy 5.3 - Encourage the rehabilitation of existing
commercial facades and signage.
The project will implement policies under the goal to improve City-
wide urban design including:
a.
b.
c.
Resolution No. 3911
Zone Change 03-002
Page 4
5.
6.
a.
Policy 6.2 - Encourage and promote high-quality design and
physical appearance in all development projects.
The project will implement policies under the goal to promote
economic expansion and diversification including:
a.
Policy 7.1 - Broaden the City's tax base by attracting
businesses which will contribute to the City's economic
growth and employment opportunities while ensuring
compatibility with other General Plan goals and policies.
Policy 7.5 - Focus retail development into consolidated,
economically viable, and attractive centers of adequate size
and scale which offer a variety of retail goods and amenities.
b.
The project will implement policies under the goal to develop
character in the Old Town/First Street area including:
a.
Policy 10.2 - Review and consider the possible development
of residential uses in the Old Town area both as individual
residential projects and integrated above ground floor retail
and office uses.
Policy 10.3 - Encourage outdoor pedestrian spaces, such as
courtyards, arcades, and open landscape passages, to be
integrated into new development. Encourage high-quality
pedestrian oriented building frontages which open onto
these pedestrian spaces and public sidewalks.
Policy 10.6 - Encourage the integration of retail or service
commercial uses on the street level of projects through
flexibility in site development standards.
Policy 10.7 - Encourage the consolidation of individual
parcels/consolidated site planning and parking and access
along First Street and in Old Town through utilization of
development incentives such as reduced parking, height
bonus, lot coverage relaxation, and allowance for secondary
uses, fee waivers, and/or financial assistance in land
acquisition and/or infrastructure improvements.
b.
c.
d.
That the Prospect Village Final Environmental Impact Report identifies
significant and unavoidable land use impacts related to the project's
inconsistency with a limited number of General Plan policies that
encourage rehabilitation of existing commercial facades, restoration, or
rehabilitation of properties eligible for listing on the National Register of
Historic Places, and preservation of historically significant structures.
Nonetheless, each project is reviewed on an individual basis for
consistency with the General Plan and California law does not require a
project to be consistent with each and every General Plan goal and policy.
~~--
Resolution No. 3911
Zone Change 03-002
Page 5
F.
G.
(Sequoyah Hills Homeowners' Ass'n v. City of Oakland (1993) 23 Cal.
App. 4th 704, 719-720). As stated on page 11 of the Tustin General Plan,
Land Use Element Goals and Policies provide a framework for land use
planning and decision-making in the City. The policies related to historic
structures are intended to support Land Use Element Goal 6, which
states, "Improve urban design in Tustin to ensure development that is both
architecturally and functionally compatible, and to create uniquely
identifiable neighborhoods, commercial and business park districts." This
goal is achieved through the high quality of design and materials of the
project as shown in the conceptual development plans that are
incorporated into the Planned Community District Regulations.
The proposed zone change is consistent with and supports the Town
Center Redevelopment Plan, including the six goals and objectives for the
Town Center Redevelopment Project Area, as follows:
1.
The project will assist in creating a mixed-use town center that
combines commercial, office, residential, and public uses, which
will serve the needs of the community, as well as encourage the
healthy growth of the area;
2.
The project will provide residential development by actively seeking
private development in the redevelopment area;
3.
The project will increase the level of capital improvements by
requiring sidewalk and street landscaping, street improvements,
and related public improvement projects around the project site;
4.
The project will provide a harmonious and efficient development in
the redevelopment area;
5.
The project will encourage business development, attract new
customers to the area to assist in alleviating pass-through traffic
congestion and conflict, and improving safety; and,
6.
The project will revitalize and develop amenities in the project area
and assist in the revitalization of Old Town.
The proposed zone change complies with Tustin City Code Section 9244. In
accordance with Section 9244(a) , the "Prospect Village Planned Community
District Regulations" specify development standards for the entire site by
including text, exhibits, and development plans. The provisions contained
within the district regulations would serve to adequately protect the public
health, safety, and welfare by regulating the permitted, conditionally
permitted, and prohibited land uses; site development standards for building
intensity, residential density, building site area, setbacks, building height,
-----, '---,.
Resolution No. 3911
Zone Change 03-002
Page 6
II.
H.
open space, access, private drives, parking, and refuse; and plan
implementation and administration to ensure compatibility within the
development and within the vicinity of the district. The allowed uses,
including retail, service commercial, and office uses are consistent with uses
allowed within the Old Town commercial area. In Planning Area A (the
commercial area along Main Street), retail and restaurant uses would be
permitted on the ground floor and retail and office uses would be permitted
on the second floor. In Planning Area B (the residential area), single
family residential uses would be permitted on the upper floors of the
live/work units. The ground floor of live/work units facing Prospect Avenue
would be permitted to have retail and service commercial uses whereas
the ground floor of the live/work units that face the alley would be
permitted to have retail, service commercial, or office uses. Although
office uses are not permitted on the ground floor in the Old Town
commercial core area, the lack of street frontage of the six units that face
the alley may discourage retail uses. To ensure viability of the live/work
concept, allowing a variety of retail, service, and office uses in these units
would be appropriate. The site development standards for Planning Area A
(commercial portion) are generally consistent with the standards allowed in
the Central Commercial and Parking Overlay zoning district and the site
development standards for Planning Area B (live/work) are consistent with
an urban residential development. The plan implementation and
administration provisions are generally consistent with the provisions of the
Tustin City Code, and in the event of any ambiguity, defer to the provisions
of the Tustin City Code.
The proposed zone change would support new development envisioned on
the conceptual development plans that are incorporated into the Prospect
Village Planned Community District Regulations. As currently configured,
the two (2) existing buildings located on the project site would not fit within
Planning Area A, nor conform to the development standards or conceptual
development plans identified in the Prospect Village Community District
Regulations, and would become non-conforming if Zone Change 03-002 is
adopted by the City Council.
I.
In accordance with the provisions of the California Environmental Quality
Act (CEQA), a Final Environmental Impact Report (FEIR) has been
considered by the Planning Commission prior to recommending approval
of Zone Change 03-002. By adopting Resolution No. 3910, the Planning
Commission has determined that the FEIR is complete and adequate and
recommended that the City Council certify the Prospect Village
Environmental Impact Report for the purpose of approving Zone Change
03-002.
The Planning Commission hereby recommends that the City Council approve
Zone Change 03-004 by adopting Ordinance No. 1284 to change the zoning on a
- ----- ------- -- ----
.~ ---~--
Resolution No. 3911
Zone Change 03-002
Page 7
1.035 acre site at the northwest corner of Main Street and Prospect Avenue from
"Central Commercial and Parking Overlay" to "Planned Community (P-C)" as
shown on the amended Zoning Map in Exhibit A of Draft Ordinance No. 1284 and
adopt the "Prospect Village Planned Community District Regulations" contained in
Exhibit A of Draft Ordinance No. 1284 to set forth land use relationships and
development standards for a mixed use development with commercial and
residential uses to accommodate the development of a commercial/office building
and twelve (12) live/work units as shown on the conceptual development plans,
which are incorporated into the Prospect Village Planned Community District
Regulations, in accordance with Section 9244 of the Tustin City Code.
PASSED AND ADOPTED by the Planning C
meeting on the 26th day of April 2004.
& ß~ #, 2ÄA~ ...f
ELIZABETH A. BINSACK
Planning Commission Secretary
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 City of Tustin, California; that Resolution No. 3911 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 26th day of April 2004.
&?~4.;s?~¿
ELIZABETH A. BINSACK
Planning Commission Secretary
Exhibit A of Resolution No. 3911
Draft Ordinance No. 1284
Exhibit 1 Zoning Map
Exhibit 2 Planned Community District Regulations
ORDINANCE NO. 1284
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 03-
002 TO AMEND THE ZONING MAP OF THE CITY OF
TUSTIN FOR A 1.036 ACRE SITE LOCATED AT THE
NORTHWEST CORNER OF MAIN STREET AND
PROSPECT AVENUE FROM THE CENTRAL
COMMERCIAL AND PARKING OVERLAY (C-2-P) ZONING
DISTRICT TO PLANNED COMMUNITY ZONING DISTRICT
(P-C) AND ADOPT PLANNED COMMUNITY DISTRICT
REGULATIONS ENTITLED "PROSPECT VILLAGE
PLANNED COMMUNITY DISTRICT REGULATIONS"
The City Council of the City of Tustin hereby ordains as follows:
Section 1. Findinqs
A.
That a proper development application, Zone Change 03-002, was submitted by
Prospect Village LP, a California Limited Partnership (formerly known as Pelican
Center, LLC), requesting approval to change the zoning on a 1.036 acre site at the
northwest corner of Prospect Avenue and Main Street (known as Assessor's
Parcel Number 401-585-01 and described in the attached legal description) from
"Central Commercial and Parking Overlay" to "Planned Community (P-C)" as
shown in Exhibit 1 and adopt the "Prospect Village Planned Community District
Regulations" contained in Exhibit 2 in accordance with Section 9244 of the Tustin
City Code.
B.
On April 26, 2004, the Planning Commission recommended that the City Council
approve Zone Change 03-002 to amend the zoning of the property located at the
northwest corner of Main Street and Prospect Avenue, as described in the
attached legal description, from the Central Commercial and Parking Overlay (C2-
P) to a Planned Community (P-C) zoning district and adopt the "Prospect Village
Planned Community District Regulations."
C.
A public hearing was duly called, noticed, and held on said application on May 17,
2004, by the City Council, and the City Council has considered the staff report and
all evidence and testimony presented to the City Council at the public hearing.
D.
The proposed amendment to the City's Zoning Map is in the best interest of the
public in that:
1.
Amending the existing zoning to a Planned Community (P-C) zoning district
would provide an opportunity to create a mixed use development that would
provide for commercial and residential opportunities in Old Town Tustin.
2.
The proposed Planned Community (P-C) zoning district would be
compatible with the character of and uses allowed in adjacent districts,
including existing commercially zoned properties located to the south, north,
F.
Ordinance No. 1284
Page 2
and west of the site and the City's Main Street Water Facility to the east.
The introduction of residential uses as a permitted use in the Planned
Community would be compatible with the traditional land use pattern in Old
Town, which includes close proximity of residential and commercial uses.
E.
The proposed zone change is consistent with the Tustin General Plan in that the-
"Old Town Commercial" land use designation, where the project is located,
provides for the development of a variety of retail, professional offices and service-
oriented uses, including residential uses, which are allowed at the discretion of the
City. This land use designation provides for the adoption of a Planned Community
district and district regulations to govern the location, land use type, density and
building intensity standards to ensure compatibility of land uses in the vicinity and
within a development. The proposed "Planned Community (P-C) zoning district
and the "Prospect Village Planned Community District Regulations" would provide
for a maximum building intensity (floor area ratio) of 1.0:1.28 within Planning Area
A (commercial portion). Although the General Plan suggests a maximum floor
area ratio of 1.0:1, the Planned Community district regulations are intended to
regulate building intensity. This floor area ratio is generally consistent with many of
the two-story buildings in Old Town and is appropriate for the site and the type of
development envisioned by the Old Town Commercial land use designation. The
live/work portion of the project will have a residential density of 16 dwelling units
per acre, which corresponds to the high density residential land use designation
range of 15 dwelling units to 25 dwelling units per net acre. The Old Town
Commercial land use designation provides for a range of residential densities by
allowing a population density range of 2 to 54 persons per acre. Using an average
of 2.24 persons per dwelling unit assumed for the high density residential range,
the Planned Community District Regulations would provide for approximately 27
persons on approximately three-quarters of an acre (or 34 persons per acre) and is
within the density range anticipated by the General Plan.
The proposed Planned Community zoning district and Planned Community District
Regulations support several General Plan goals and policies, including the
following:
1
The project will implement policies under the goal to achieve balanced
development including:
a.
Policy 1.2 - Provide for and encourage the development of
neighborhood serving commercial uses in areas underserved and
encourage the integration of retail or service commercial uses on the
street level of office projects.
Policy 1.5 - Encourage compatible and complementary infill of
previously by-passed parcel in areas already predominately
developed.
b.
2.
The project will implement policies under the goal to ensure compatible and
complementary development including:
Ordinance No. 1284
Page 3
3.
4.
5.
6.
a.
Policy 3.8 - Encourage consolidation of parking and reciprocal
access agreements among adjacent businesses.
Policy 4.3 - Where mixed uses are permitted, ensure compatible
integration of adjacent uses to minimize conflicts.
b.
The project will implement policies under the goal to revitalize older
commercial, industrial and residential properties including:
a.
Policy 5.1 - Encourage and continue the use of redevelopment
activities, including the provision of incentives for private
development, public-private partnerships, and public improvements,
in the Town Center and South Central redevelopment project areas.
Policy 5.2 - Provide development incentives to facilitate the
consolidation of individual parcels along the City's commercial
corridors.
Policy 5.3 - Encourage the rehabilitation of existing commercial
facades and signage.
b.
c.
The project will implement policies under the goal to Improve city-wide
urban design including:
a.
Policy 6.2 - Encourage and promote high-quality design and
physical appearance in all development projects.
The project will implement policies under the goal to promote economic
expansion and diversification including:
a.
Policy 7. 1 - Broaden the City's tax base by attracting businesses
which will contribute to the City's economic growth and employment
opportunities while ensuring compatibility with other General Plan
goals and policies.
Policy 7.5 - Focus retail development into consolidated,
economically viable and attractive centers of adequate size and
scale which offer a variety of retail good and amenities.
b.
The project will implement policies under the goal to develop character in
the Old Town/First Street area including:
a.
Policy 10.2 - Review and consider the possible development of
residential uses in the Old Town area both as individual residential
projects and integrated above ground floor retail and office uses.
Policy 10.3 - Encourage outdoor pedestrian spaces, such as
courtyards, arcades and open landscape passages, to be integrated
into new development. Encourage high-quality pedestrian oriented
building frontages which open onto these pedestrian spaces and
public sidewalks.
b.
H.
Ordinance No. 1284
Page 4
c.
Policy 10.6 - Encourage the integration of retail or service
commercial uses on the street level of office projects the flexibility in
site development standards.
Policy 10.7 - Encourage the consolidation of individual
parcels/consolidated site planning and parking and access along
First Street and in Old Town through utilization of development
incentives such as reduced parking, height bonus, lot coverage
relaxation, and allowance for secondary uses, fee waivers, and/or
financial assistance in land acquisition and/or infrastructure
improvements.
d.
G.
That the Prospect Village Final Environmental Impact Report identifies significant
and unavoidable land use impacts related to the project's inconsistency with a
limited number of General Plan policies that encourage rehabilitation of existing
commercial facades, restoration or rehabilitation of properties eligible for listing on
the National Register of Historic Places, and preservation of historically significant
structures. Nonetheless, each project is reviewed on an individual basis for
consistency with the General Plan and California law does not require a project to
be consistent with each and every General Plan goal and policy. (SeQuovah Hills
Homeowners' Ass'n v. Citv of Oakland (1993) 23 Cal. App. 4th 704, 719-720). As
stated on page 11 of the Tustin General Plan, Land Use Element Goals and
Policies provide a framework for land use planning and decision-making in the
City. The policies related to historic structures are intended to support land Use
Element Goal 6, which states, "Improve urban design in Tustin to ensure
development that is both architecturally and functionally compatible, and to create
uniquely identifiable neighborhoods, commercial and business park districts." This
goal is achieved through the high quality of design and materials of the project a's
shown in the conceptual development plans that are incorporated into the Planned
Community District Regulations.
The proposed zone change is consistent with and supports the Town Center
Redevelopment Plan, including the six goals and objectives for the Town Center
Redevelopment Project Area, as follows:
1.
The project will assist in creating a mixed-use town center that combines
commercial. office, residential and public uses, which will serve the needs
of the community, as well as encourage the healthy growth of the area;
2.
The project will provide residential development by actively seeking private
development in the redevelopment area;
~,
3.
The project will increase the level of capital improvements by requiring
sidewalk and street landscaping, street improvements, and related public
improvement projects around the project site;
4.
The project will provide a harmonious and efficient development in the
redevelopment area;
Ordinance No. 1284
Page 5
5.
The project will encourage business development, attract new customers to
the area to assist in alleviating pass-through traffic congestion and conflict,
and improving safety; and,
6.
The project will revitalize and develop amenities in the project area and
assist in the revitalization of Old Town.
I.
The proposed zone change complies with Tustin City Code Section 9244. In
accordance with Section 9244(a), the "Prospect Village Planned Community
District Regulations" specify development standards for the entire site by including
text, exhibits, and development plans. The provisions contained within the district
regulations would serve to adequately protect the public health, safety, and welfare
by regulating the permitted, conditionally permitted, and prohibited land uses; site
development standards for building intensity, residential density, building site area,
setbacks, building height, open space, access, private drives, parking, and refuse;
and plan implementation and administration to ensure compatibility within the
development and within the vicinity of the district. The allowed uses, including
retail, service commercial, and office uses are consistent with uses allowed within
the Old Town commercial area. The site development standards for Planning
Area A (commercial portion) are generally consistent with the standards allowed in
the Central Commercial and Parking Overlay zoning district and the site
development standards for Planning Area B (live/work) are consistent with an
urban residential development. The plan implementation and administration
provisions are generally consistent with the provisions of the Tustin City Code, ana
in the event of any ambiguity, defer to the provisions of the Tustin City Code.
J.
The proposed zone change would support new development envisioned on the
conceptual development plans that are incorporated into the Prospect Village
Planned Community District Regulations. As currently configured, the two (2)
existing buildings located on the project site would not fit within Planning Area A,
nor conform to the development standards or conceptual development plans
identified in the Prospect Village Community District Regulations, and would
become non-conforming if Ordinance No. 1284 for Zone Change 03-002 is
adopted by the City Council.
K.
In accordance with the provisions of the California Environmental Quality Act
(CEQA), ~ Final Environmental Impact Report (FEIR) has been considered by the
Planning Commission prior to recommending approval of Zone Change 03-002.
By adopting Resolution No. 3910, the Planning Commission has determined that
the FEIR is complete and adequate and recommended that the City Council certify
the Prospect Village Environmental Impact Report for the purpose of approving
Zone Change 03-002.
Section 2.
Zone Change 03-002 is approved, and the Zoning Map of the City of Tustin
is amended as shown Exhibit A, attached hereto.
Ordinance No. 1284
Page 6
Section 3.
Section 4.
Section 5.
Planned Community District Regulations entitled, "Prospect Village Planned
Community District Regulations" are hereby adopted for Zone Change 03-
002 as contained within Exhibit B, attached hereto.
Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that anyone or more
section, subsection, subdivision, sentence, clause, phrase, or portion
thereof be declared invalid or unconstitutional.
City Clerk. The City Clerk shall certify to the adoption of this Ordinance and
cause the same to be posted at the duly designated posting places within
the City and published once within fifteen (15) days after passage and
adoption as may be required by law; or, in the alternative, the City Clerk
may cause to be published a summary of this Ordinance and a certified
copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days after adoption, the City Clerk shall cause to be published,
the aforementioned summary and shall post a certified copy of this
Ordinance, together with the vote for and against the same, in the Office of
the City Clerk.
PASSED, APPROVED, and ADOPTED this
day of
,2004.
TONY KAWASHIMA
Mayor
PAMELA STOKER
City Clerk
Ordinance No. 1284
Page 7
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1284
SS
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council
of the City of Tustin is five (5); that the above and foregoing Ordinance No. 1284 was duly
and regularly introduced at a regular meeting of the Tustin City Council, held on the 17th
day of May, 2004 and was given its second reading, passed, and adopted at a regular
meeting of the City Council held on the 7th day of June 7,2004 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Exhibit A of Draft Ordinance 1284
Zoning- Map
ZONING MAP AMENDMENT
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Central Commercial (C-2 P)
Cultural Resources and Parking Overlay District
New Zoning Designation
Planned Community (PC)
Cultural Resources District
Exhibit B of Draft Ordinance 1284
Planned Community District Regulations
Prospect Village Planned Community
District Regulations
Adopted by the Tustin City Council on May 17, 2004 by Ordinance No. 1284
1.0
Prospect Village Planned Community
DISTRICT REGULATIONS
TABLE OF CONTENTS
INTRODUCTION
2.0
STATISTICAL SUMMARY
3.0
LAND USE REGULA TIaNS
3.2
3.3
3.4
3.1
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
Planning Area A - Commercial
A.
B.
C.
D.
E.
F.
Purpose and Intent
Permitted and Conditionally Permitted Uses
Prohibited Uses
Temporary Uses
Unlisted Uses
Development Standards
Planning Area B
A.
B.
C.
Purpose and Intent
Sub Area B-1
Sub Area B- II
General Development Standards for Planning Areas B-1 and B-II
Building Site
Gross Density
Lot Coverage
Building Setbacks
Building Height
Common Area Open Space
Projections into Required Setbacks
Fences, Walls, and Hedges
Private Drive
Refuse
Other Development Standards
General Parking Requirements for Planning Areas A and B
Prospect Village Planned Community District Regulations
Page Number
4
4
4
5
6
6
6
9
9
9
11
14
14
14
14
14
14
14
14
15
15
15
15
15
3
3
4
2
4.0
4.1
4.2
4.3
4.4
4.5
4.6
4.7
IMPLEMENTATION and ADMINISTRATION
Responsibility
Interpreta tions
Subdivisions
Variances, Conditional Use Permits and
Other Discretionary Actions
Amendment to District Regulations
Enforcement
Severability Clause
5.0
ZONING EXHIBIT AND CONCEPTUAL DEVELOPMENT PLANS
Exhibit 1: Zoning Exhibit
Exhibit 2: Conceptual Development Plans
Prospect Vïllage Planned Community Dit...rict Regulations
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16
16
16
16
16
16
17
17
18
19
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 íntended 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 Bare
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 square-
foot outdoor patio dining area open to Main Street, 773 square feet of retail space,
three (3) covered parking spaces (721 square 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
square feet of ground floor retail 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 commercial/office 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
Prospect ViUage Planned Community District Regulations
4
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 Planned Community Distrkt Regulations
5
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.
B.
Permitted and Conditionally Permitted Uses
The following uses shall be permitted by right or conditionally permitted in
Planning Area A (Main Street Commercial Building) as stated in the following text:
1.
Ground Floor Permitted Uses
a.
Retail uses, when conducted within a building:
.
Restaurants (approximately 3,000 square feet with 112 seats)
Outdoor dining (see page 8 for Outdoor Seating and Operational
Standards)
Bakeries, delicatessens, specialty foods, coffee 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
Florist shops
Books / stationery stores
Jewelry stores
Art shops/galleries
Musical supplies and instruments
Video / music stores
.
.
.
.
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Prospect Village Planned Community District Regulations
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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
subject to the Planning Commission's
Alcoholic Beverage Sales Establishments
Wine tasting rooms
with restaurants
Guidelines for
.
.
.
.
.
.
3.
Second Floor Permitted Uses
When conducted within a building:
4.
.
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
.
Second Floor Conditionally Permitted Uses
C.
Prohibited Uses
.
Retail and retail service uses if listed under conditionally
permitted uses on the ground floor
.
. Coin-operated laundromats
Dry-cleaning (on-site) and laundry services
Medical, dental, or veterinary offices or clinics
.
.
Prospect Wllage Planned Community DistnCt Regulations
7
.
D.
Uses that involve use or storage of hazardous/explosive materials, cause
offensive odors, and/or generate dust, noise, or excess light
Temporary Uses
Temporary uses are subject to provisions of the Tustin City Code.
E.
Unlisted Uses
The Director 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.
2.
3.
4.
5.
Minimum Lot Size: None
Lot coverage: 100-percent, less parking and building setback requirements.
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
Building Height: 50 feet, including roof-mounted features and equipment.
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) 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.
Prospect Village Planned Community District Regulations
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6.
~
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 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
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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 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 furniture is permitted.
The layout of outdoor seating shall maintain a clear passage and
emergency exit.
All barriers for def1!Úng 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 ~rea
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.
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Prospect Village Planned Community District Regulations
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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-1) includes the six (6)
Live/Work units facing Prospect Avenue and Area (B-1!) includes the six (6)
Live/Work units facing the public alley to the west of the project.
B.
Sub Area B-1 - 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 (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
.
.
.
.
.
.
.
.
.
.
.
.
.
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b. Service businesses such as:
. Rarber shops
. Beauty parlors.
. Interior decorator
. Printing
. Locksmith
Prospect Village Planned CommunÙy District Regulations
11
.
Photography studios
Mail services
Dry cleaning/tailoring
Shoe repair
Travel agency
Real estate office
Telephone answering service/office support services
.
.
.
.
.
.
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
General, professional, medical, dental, or veterinary offices or clinics
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.
.
.
.
***
5.
Use Limitations
A minimum of ten (10) residential units shall be owner/proprietor-occupied
on all floors and shall be designated as "Restricted Units" on the approved
plans. Four (4) of these units shall be located in Sub-Area I (facing Prospect
Avenue) and six (6) of these units shall be located in Sub-Area B-II (facing
the public alley). Owners of restricted units may obtain Redevelopment
Agency and City approval to lease the retail or office portion of the live-work
unit, provided the owner secures additional parking within 300 feet of the
Prospect VìUage Planned Community District Regulations
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unit as required by Section 9252 of the Tustin City Code, at the ratio
identified in the "General Parking Requirements" section herein, and the
records an instrument or agreement approved by the Agency and the City.
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 Uses
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)
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
Prospect Village Planned Community District J.~egulations
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c.
d.
2.
.
Beauty parlors
Interior decorator
Printing
Locksmith
Photography studios
Mail services
Dry cleaning/tailoring
Shoe repair
Travel agency
Real estate office
Telephone answering service/office support services
.
.
.
.
.
.
.
.
.
.
General or professional office uses, excluding medial, dental, or
veterinary uses.
Home occupation in accordance with Tustin City Code Section 9297
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 (on-site) and laundry services
Medical, dental, or veterinary offices or clinics
Uses that involve use or storage of hazardous/explosive materials,
cause offensive odors, and/or generate dust, noise, or excess light
.
.
.
Prospect ViUage Planned Community District Regulations
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5.
Use Limitations
A minimum of ten (10) residential units shall be owner/proprietor-occupied
on all floors and shall be designated as "Restricted Units" on the approved
plans. Four (4) of these units shall be located in Sub-Area I (facing Prospect
Avenue) and six (6) of these units shall be located in Sub-Area B-II (facing
the public alley). Owners of restricted units may obtain Redevelopment
Agency and City approval to lease the retail or office portion of the live-work
unit, provided the owner secures additional parking within 300 feet of the
unit as required by Section 9252 of the Tustin City Code, at the ratio
identified in the "General Parking Requirements" section herein, and records
an instrument or agreement approved by the Agency and the City.
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-1 and B-II
A. Building Site:
B. Gross Density:
C. Lot Coverage:
D. Building Setbacks:
32,941 square feet
16 units per acre
100 percent, less parking, open space, and building setback
requirements.
1.
Front Yard:
(Facing Prospect Avenue):
(Facing public alley):
0 Feet
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 it] Planning Area B: Six (6) feet between buildings
E.
Building Height: 50-feet, including roof-mounted equipment and chimneys.
Prospect Village Planned Community District Regulations
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J.
K.
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.
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,
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.
1.
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.
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:
Any development standard which is not§pecifically 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 Village Planned Community District Regulations
16
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) spaces shall be provided
subject to an off-site parking agreement between the Developer and the City of
Tustin, as provided for by Tustin City Code Section 9271aa and 9252j3 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 u..se 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
17
4.3
4.4
4.5
4.6
4.0
IMPLEMENTATION and ADMINISTRATION
4.1
Responsibility
The Community Development Department of the City of Tustin shall be responsible fot 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.
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.
Subdivisions
All divisions of land shall be processed in accordance with the Tustin City Code and State
Subdivision Map Act.
Variances. Conditional Use Permits. and Other Discretionary Actions
All applications shall be processed in accordance with the Tustin City Code.
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 Village Planned Community District Regulations
18
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 Village Planned Community District Regulations
19
Zo nin g Map
PO
œ
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 north 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)
PLANNIN G AREAS
Planning Area A
Planning Area B
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PROSPECT AVENUE
j
- Project Statistical Summary
Acreage Non-Residential Uses Resid~ntiaI Uses
Net Areas FAR Ground Floor Second Floor Total Floor Density Total
Retail Area Office Area Area Units Per Units
(net leasable) (net leasable) (~et leasable) Acre
Planning 1: 1.35 3,773 sq.ft. & 4,816 sq.ft. 9,182 sq.ft.*
Area A 593 sq.ft.
outdoor
dining
Planning 913 sq.ft. 2,126 sq.ft. 16 12
Area B Units facing living area
Prospect units facing
A venue Prospect
469 sq.ft. Avenue
units facing 1,862 sq.ft.
alley units facing
allev
* Does not inc1udè 830 square feet of garage and trash area on ground floor and 11 7
square feet of deck on the second floor.
Gross and net acreage are an estimated à1location. 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.
Development Plans
PROSPECT LANE
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PRODUCT B ELEVATIONS
PROSPECT VILLAGE
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PRODUCT A ELEVATIONS
PROSPECT VILLAGE