HomeMy WebLinkAbout16 PROSPECT VILLAGE 06-07-04
AGENDA REPORT
Agenda Item 16
Reviewed: IlL
City Manager
Finance Director ~
MEETING DATE:
JUNE 7, 2004
WilLIAM HUSTON, CITY MANAGER
TO:
FROM:
OFFICE OF THE CITY CLERK
SUBJECT:
ORDINANCE NO. 1284 - PROSPECT VilLAGE PLANNED COMMUNITY
DEVELOPMENT PROJECT
SUMMARY:
The proposed Prospect Village Project includes the demolition of existing buildings and
construction of a 9,300 square foot commercial building and twelve (12) live/work units at the
northwest corner of Main Street and Prospect Avenue. Ordinance No. 1284 approves a Zone
Change 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."
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1284 (roll call vote).
FISCAL IMPACT:
None
BACKGROUND:
On May 17, 2004, the City Council had first reading by title only and introduction of the following
Ordinance
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"
,~: ¡(!fy,Þ"
Maria. Huizar,
Chief Deputy City Clerk
ATTACHMENT: Ordinance No. 1284
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. Findings
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.
On May 3, 2004, the City Council appealed the Planning Commission's
decision to the City Council.
D.
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.
Ordinance No. 1284
Page 1 of 34
E.
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, 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.
F.
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.
G.
The proposed Planned Community zoning district and Planned Community
Ordinance No. 1284
Page 2 of 34
District Regulations support several General Plan goals and policies,
including the following:
2.
3.
4.
The project will implement policies under the goal to achieve
balanced development including:
a.
Po/icy 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.
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:
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:
5.
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:
Ordinance No. 1284
Page 3 of 34
6.
H.
a.
Po/icy 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.
Po/icy 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 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.
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. (Sequovah 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
Ordinance No. 1284
Page 4 of 34
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.
I.
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.
J.
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
Ordinance No. 1284
Page 5 of 34
K.
L.
Section 2.
Section 3.
Section 4.
Section 5.
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 Ordinance No. 1284 for
Zone Change 03-002 is adopted by the City Council.
That the scope of this activity is within the scope of the Prospect Village
Final Environmental Impact Report (FEIR). In accordance with the
provisions of the California Environmental Quality Act (CEQA), the City
Council has considered the FEIR and found that it is complete and
adequate and adopted Findings of Fact, a Statement of Overriding
Considerations, and a Mitigation Monitoring Program prior to adopting
Ordinance No. 1284 by adopting Resolution No. 04-45.
Zone Change 03-002 is approved, and the Zoning Map of the City of Tustin
is amended as shown Exhibit 1, attached hereto.
Planned Community District Regulations entitled, "Prospect Village Planned
Community District Regulations" are hereby adopted for Zone Change 03-
002 as contained within Exhibit 2, 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,
Ordinance No. 1284
Page 6 of 34
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
ATTEST:
PAMELA STOKER,
City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF TUSTIN )
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 dul~
and regularly introduced at a regular meeting of the Tustin City Council, held on the 17
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, 2004 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER,
City Clerk
Ordinance No. 1284
Page 7 of 34
ZONING MAP AMENDMENT
:;"~~ì ~
PO I IE
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Central Commercial (C-2 P)
Cultural Resources and Parking Overlay District
New Zoning Designation
Planned Community (PC)
Cultural Resources District
P~ospect Village Planned Community
DISTRICT REGULATIONS
TABLE OF CONTENTS
1.0
INTRODUCTION
2.0
STATISTICAL SUMMARY
3.0
LAND USE REGULATIONS
3.1
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
3.2
Planning Area B
A.
B.
C.
Purpose and Intent
Sub Area B-1
Sub Area B-II
Page NNmb.,.
3.3
General Development Standards for Planning Areas B-1 and B-lI
A.
B.
C.
D.
E.
F.
G.
H.
1.
J.
K
3.4
Building Site
Gross Density
Lot Coverage
Building Setbacks
Building Height
Common Area Open Space
Projections into Required Setbacks
Fem;es, Walls, and Hedges
Private Drive
Refuse
Other Development Standards
General Parking Requirements for Planning Areas A and B
Prospect Vilhllf<' P/:uœed Community District Rcgullltions
3
3
4
4
4
4
5
6
6
6
9
9
9
11
14
14
14
14
14
14
14
14
15
15
15
15
15
2
4.0
IMPLEMENTATION and ADMINISTRATION
4.1
4.2
4.3
4.4
4.5
4.6
4.7
Responsibility
Interpretations
Subdivisions
Variances, Conditional Use Pennits and
Other Discretionary Actions
Amendment to District Regulations
Enforcement
Severability Clause
5.0
ZONING EXHIBIT AND CONCEPTUAL DEVELOPMENT PLANS
Exhibit 1: Zorung Exhibit
Exhibit 2: Conceptual Development Plans
Prospect vüJslI'" PllUJnecl Community District Rcgul1ltions
16
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 intended to encourage the appropriate use of land and create a
harmonious commercial and residential development to protect the health, safety, and
welfare of the community and provide the flexibility needed to create a qillility environment.
Development within the Prospecr 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) disrinct and separate planning areas provided within the Prospect Village
Planned Community. The land use designations are shown in Exhibit 1 with a statistical
summary of each planning area. The development plans for Planning Areas A and B are
included in Exhibit 2.
Planttinz 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 appfOximately 593 square-
foot outdoor patio dining area open to Main Streer, 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 sire is approximately 32,941 square feet (.756
net acres) in .size and is designed to accommodate twelve (12) live/work units ar 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 iuving 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 residenrial 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 FlaMed Community
Regulations shall govern the overall maximum intensity and scale of development within each
Prospect vm:l8f' PJUlDed Community District ReguløtioDs
-I
planning area without the necessity of additional or new environmental documentation. All
acreage data is apprcximare and will be termed on a fmal map and in final development plans.
Prospect Village Plsnned Community District ReguIstions
5
3.0
LAND USE REGULATIONS
The land use reguhtions 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 . Comme~cial
A.
Purpose and Intent
The commercial component of the Prospect Village Planned Community is
intended to provide for a complementary nUx 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, yogurr, candy, and similar
items)
. Clothing/shoes stores
. General merchandize variety stores
. Specialty stores/antique shops
. New household goods/home furnishings sto~es
. Florist shops
. Books/stationery stores
. Jewehy stores
. Art shops/galleries
. Musical supplies and instruments
. Video/music stores
Pro.pect VUJllge PJlUUled Community District Regullltions
fi
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 Pemitted 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:
Retail and service uses listed as permitted on the ground floor
Professional and general offices (excluding medica~ dental, or
veterinary offices) up to a total of 4,816 square feet
4.
Second Floor Conditionally Pe~mitted Uses
Retail and retail service uses if listed under conditionally
permitted uses on the ground floor
c.
Prohibited Uses
.
Coin-operated laundromats
Dry-cleaning (on-site) and laundry services
Medical, denral, or veterinary offices or clinics
.
PIOSp"ct vmagtf P1JUJDed Community District Regulations
7
Uses that involve use or storage of hazardous/explosive materials, cause
offensive odors, and/or generate dust. noise. or excess light
D.
Temporary Uses
Temporary uses are subject to provisions of the Tustin City Code.
E.
Unlisted Uses
The Director of Community Development Department may deterrni11e similar uses
are permitted. conditionally permitted. or prohibited in Planning Area A or may refer
the matter to the Planning Commission.
F.
Development Standards
1.
Minimum Lot Size: None
2.
Lot coverage: 100-percent. less parking and building setback requirements.
3.
Building Setbacks:
a.
Front Yard (Facing Main Street): 0 Feet
b.
~ (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 tninitnum width needed for accessibility
required by the Americans with Disabilities Act
4.
BuildiQg He;ght: SO feet, including roof-mounted features and equipment.
5.
Fences Walls and Hedges:
a.
No walls or fencing shall be permitted at the right-of-way along
P~ospect Avenue, Main Street, or the public alley to the west, unless
required by Alcoholic Beverage Control (ABC) standards to enclose
outdoor dinIDg 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 ViD"lf'" PJanDed Community District Regul"tions
8
6.
SigM
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 trocks, subject to review
and approval by the Conununity Development Department and City
Engineer and obtaining an encroachment pennit from the Public
Works Department.
7.
Screening- of Mechanical Eq¡:1Ìpment
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, constroction, installation, quality of materials,
location, operation, and maintenance of heating, ventilating, cooling,
refrigeration systems, incinerators, and other miscellaneous hear-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 he maintained at the southwest comer of the
conunercial property integrated within the building design. The trash
receptacles shall be screened from Prospect lane (Alley) and Main Street with
decorative meral gates. The refuse collection area shall be maintained and
kept dean 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 pennit.
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 detennination by the Community Development Director.
Prospect ViOagr: Planned Community District Regulations
9
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 commeIcial
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 defining the outdoor area shall be a maximum of
three foot (3) six (6) inches designed ro withstand inclement outdoor
weather and are subject to review and approval by the Community
Development Department.
Lighting of the outdoor dining area shall complement the
architectural style of the building and Old Town Tustin. Table lamps
and candles are encouraged.
No free standing signs (A frame, etc.) shall be permitted in the
outdoor seating area
Water drainage on the public right-of-way is not permitted. All
potted plants shall be maintained in a healthy and vigorous condition.
Saucers or other suitable system to retain seepage into the sidewalk
shall be provided.
All Orange County Fire Authority requirements shall be complied
with.
Outdoor seating area shall be maintained and clear of litter ar all
times. At the end of business day establishments shall clean (sweep
and mop) the areas in and aroWld the outdoor dining area.
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.
.
Prospect ViU"ß<' Planned Community Disaict Reguladons
10
3.2
Planning Atea 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 ill ~esidents. Area (B-1) includes the six (6)
Live/Work units facing Prospect Avenue and Area (B-II) includes the six (6)
Live/Work units facing the public alley to the west of the project.
B.
Sub Atea B - I - Six (6) Live/Work Units Facing Prospect Avenue
Pennitted and Conditionally Pennitted Uses
The following uses shill be permitted by right or conditionilly pennitted as srated in
the following text:
1.
Ground Floor Pennitted Uses (Live/Work Units Facing Prospecr
Avenue)
a. Retail uses, when conducted wirhin 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/srationary stores
. Jeweky stores
. Art shops/galleries
. Musical supplies and instruments
. Video/music stores
b. Service businesses such as;
. Barber shops
. Beauty parlors
. Interior decorator
. Printing
. Locksmith
Prospect ViJlJlge PJiUUled Community District ReguJ..tioDs
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 Unir~ Facing
Prospect Avenue)
When conducted within a building:
.
Figure modeling studios
Day spa/massage establishments
Pet groottúng
Pharmacy
.
.
.
3.
Second/Thi~d Floor Permitted Uses (Live/Work Units Facing
Prospect Avenue)
When conducted within a building:
.
Single family residential
Home occupation in accordance with Tustin Ciry Code Section 9297
.
4.
Prohibited Uses (Live/Wo~k 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 ViO"gr: PJlUUJed Community District Regul"tioDs
12
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 Deparrmenr may determine
similar uses are pennitted, conditionally pennitted, 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 Flom 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 ViUsge PllUlned Community Dismct Regulations
13
c.
d.
.
Beauty parlor:;
Interior decorato~
Printing
Locksmith
Photography studios
Mail services
Dry cleaning/tailoring
Shoe repair
T~avel agency
Real estate office
Telephone answering service/office support services
.
.
.
.
.
.
.
.
.
.
General or professional office uses, excluding medial, dental, or
veterinary uses.
Home occupation in accorchnce with Tustin City Code Section 9297
2.
Ground Floor Conditionally Permitted Uses (Live/Work Units Facing
the Public Alley)
When conducted within a building:
.
Figure modeling studios
Day spa/massage establishments
Pet grooming
Pharmacy
.
.
.
3.
Second/Third Floor Permitted Uses (Live/Work Units Facing the
Public Alley)
When conducted within a building:
.
Single family residential
Home occupation in accordance with Tustin City Code Section 9297
.
4.
Prohibited Uses (Live/Work Units Facing the Public Alley)
.
Coin-operated laundromats
Dry-cleaning (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 ViUa~ Planned Community Disaict Regulatiuns
14
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 locared 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 ~estricted units may obtain Redevdopment
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 rati~
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.
Tempomry Uses
Temporary uses shall be regulated pursuant to the applicable provisions of
the Tustin City Code.
3.3
General Developmenr Srandards for Planning Meas B-I and B- II
A. Buildin¡; Site:
B. Gross Densit;y:
C. Lot Coverage:
D. Buildin¡; 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 in PlantÙr\g Area B: Six (6) feet between buildings
E.
Building Height: 50-feet, including roof-mounted equipment and chimneys.
Proapect ViUage PJlUlDed Community Diatzict RegulatioDa
15
F.
Common Area Open Space: All areas outside the building perimerers 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 nor project into any required building setback
unless permitted by the California Building Code.
H.
Fences Walls and Hed~es:
No walls, fences, or hedges that exceed three (3) feet in height shall be permitted at
the ~ight-of-way along Prospect Avenue or the public alley to the west. Fences,
walls, and hedges in the interior motor court, between units, along Third Street, or
between the residential units in Planning Area B and the Main Street commercial
building in Planning Area A, shall not exceed six (6) feet eight (8) inches in height,
unless required for noise mitigation and approved in writing by the Community
Development Director.
I.
Private Drive:
1.
The private driveway shall provide access to garages and guest parking spaces
and shall have a minimum travel way width of 28 feet, curb face to curb face.
No parking shall be permitted on the driveway, other than in designated
parking stalls.
2.
Sidewalks are nor 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 Gnidelines.
J.
~:
Trash receptacles shall be stored inside private garages. No person shall place any
recepracle in any street, alley, or other public way at any time or place other than as
above provided, o~ no earlier than noon on the day befo~e scheduled collections and
removed within twelve (12) hours of collection COrd. No. 1014, Sec. 8, 1-3-89).
K.
Other Develqpment Standards:
Any development standard which is not specifically identified within these District
Regulations or shown on the approved development plans shall be subject to the
applicable provisions of the Tustin City Code or a determination by the Community
Development Director.
Pros!"'c, ViDa~ Planned CommllDÍty Djsuict Regulations
16
3.4
General Pa~lång Requirements fQ~ Planning Areas A and B
A.
Parking wit:h.in Planning Area A and B shall be provided at the following ratios:
Pursuanr 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 wit:h.in 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 use permit.
B.
Garage and Parking Stall Dimensions:
Parking area dimensions, locations and access shall conform to the City's design
review criteria on file in the Community Development Department. At a minimum,
garages shall be a 20 feet by 20 feet inside clear dimension. Automatic garage door
openers and sectional rollup doors shall be required on all residential units. Open
parking spaces shall be a minimum of nine (9) feet in width by twenty (20) feet in
depth. Up to a two (2) foot overhang may be permitted into a landscape planter or
sidewalk area provided the sideW'alk has sufficient width to comply with accessibility
requirements.
Prospect ViDage PJaøned CoDUlluaity District Regulations
17
4.0
4.1
4.2
4.3
4.4
4.5
4.6
IMPLEMENTATION and ADMINISTRATION
Responsibili~
The ConunutÚty Development Departme!lt of the City of Tustin shall be responsible for the
administration and enforcement of provisions of these regulations.
Intetpretations
If ambiguity arises concerning the appropriate application of provisions contained in these
District Regulations, the CommutÚty Development Director shall make the appropriate
detennination. 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 Permita and Other DiscretionaJ;.V Actions
All applications shall be processed in accordance with the Tustin City Code.
Amendment to District Re¡vliations
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.
Prospeer ViJhJge Planned Communiry District Regulations
18
4.7
4.8
Enforcement
The District Regulations are adopted by Ordirumce and are Ùlerefore 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 Ùle City's auÙlority to seek civil litigation in a court oHaw.
Severability Clause
If any part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion
of Ùlese District Regulations is held to be invalid, unconstitutional, or unenforceable by a
comt of comperent jurisdiction, Ùlese decisions shall not affect Ùle validity of Ùle remaining
portions of Ùlese 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 vjJJsgr: PI:uwed Community District Regulations
19
œ
Prospect Village Planned Community
-------.
The Prospect Village Planned Community is bounded by Main Street, Prospect Avt'.nue, 1bird
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
II
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1---1 PROSPECT A VENUE
~ Project Statistical SummllrY
Acreage Non-Residential Uses ResidèI1tial Uses
Net Areas FAR Ground Floor Second Floor Total Floor Density Total
Retail Area Office Area Area Units Per Units
(net leasable) (net leasable) (net leasable) Acre
Planning 1:1.35 3,773 sq.ft. & 4,816 sq.ft. 9,182 sq.ft..
Area A 593 sq.ft.
outdoor
dining
Planning 913 sq.ft. 2,126 sq.ft. 16 12
Area B Units facing living area
Prospect units facing
Avenue Prospect
469 sq.ft. Avenue
units facing 1,862 sq.ft.
alley units facing
allev
.. Does not include 830 square feet of garage and trash area on ground floor and 117
square feet of deck on the second floor.
Gross and net acreage are an estimated allocation. Actual acreage will be refined by the
final subdivision map process.
Floor area ratios is the gross floor of buildings within a planning area divided by the net
acreage of the planning area.
Development Plans
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