HomeMy WebLinkAboutORD 1284 (2004)
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
G.
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.
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:
1
2.
3.
4.
5.
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.
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:
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.
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.
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. (Seauovah 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
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 ih day of June, 2004.
[~~~-j~
Mayor
ATTEST:
'tØJh áh ~
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:
KAWASHIMA, BONE, DAVERT, HAGEN, THOMAS
NONE
NONE
NONE
(5 )
(0)
(0)
(0)
l1Jod1 ~
PAMELA STOKER,
City Clerk
Ordinance No. 1284
Page 7 of 34
" .
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
Ordinance No. 1284
Page 8 of 34
Prospect ViUage Planned Community
DISTRICT REGULATIONS
TABLE OF CONTENTS
Pa&, N1I111ber
1.0 INTROD UCTION 3
2.0 STATISTICAL SUMMARY 3
3.0 LAND USE REGULATIONS 4
3.1 Planning Area A - Commercial 4
A. Purpose a.nd latent 4
B. Permitted and Conditionally Permitted Uses 4
C. Prohibited Uses 5'
D. Tcmporary Uscs 6
E. Unlisted Uses 6
P. Development Standuds 6
3.2 Planning Area B 9
A. Purpose and Intent 9
B. Sub Area B-1 9
C. Sub Are2 B-II 11
3.~ General Development Standards for Planning Areas B-1 and B-ll 14
A. Building Site 14
H, GrfJti8 Density 14
C. Lot Coverage 14
D; Building Setbacks 14
E. Building Height 14
F. Common Area Open Space 14
G. Projections into Rcquited Setbacks 14
H. FC11t:es, Walls, and Hedges 15
I. Prink Drive 15
J. Refuse 15
K. Other Developmen t Standards 15
3.4 Gene.ral Parlång Requirements for Planning Areas A and B 15
Pro.peet vm.p PI/UUJm CommlJlÚlJI DiMMet R~8UI.tioa'
Ordinance No. 1284
Pag~ of 34
4.0
IMPLEMENTATION and ADMINISTRATION
4.1
4.2
4.3
4.4
4.5
4.ó
4.7
Responsibility
[nterpreta.tions
Subdivisions
Variances. Condition:.ù Use Permits and
0 ther Discretionary Actions
Amendment to Di5triÇt Regulacions
Enforcement
Severability Clauae
5.0
ZONING EXHIBIT AND CONCEPTUAL DEVELOPMENT PLANS
Exhibit 1: Zoning Exhibit
Exhibit 2~ Conceptual 0 evelopment Phns
Ordinance No. 1284
~l>~~ P1UlIJed Com-unity Di6trict Rt:p.tioø.
16
16
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16
16
16
16
17
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18
19
.3
1.0
INTRODUCTION
The regulations set fonh in this set of District Regulations for the Prospect Villa¡e
Planned Commuaity has ò~en established to satUfy the Planned Community District
r~quirements of the Tustin City Code and to provide diversification among the relationship
of uses, buildings, and strUctures in planned bui1clin.g groups. The application of these
regulations is specifiçally intended to encourage the. 2pprop.tÌate use of l1Uld and create a.
harmonious commercial and rc5idcntial development to protect the health, safety, and
welfare of the community ~d provide: the flexibility needed to create a Qll2lity environment.
Development within the Pro:spect Village Planned Community shall occur consistent
with these Planned Community District Reguktions, including the Conceptuü Development
Pl~ns contained with Section 5.0.
2.0
STATISTICAL SUMMARY
There are two (2) distinct and separate planning uta. 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 a..re
included in Exhibit 2.
pJa.nniftr A1ea A . Commercial.: The site is approximately 7,286 square feet (0.167
net acres) in si2e and includes a two-story commercid bWlding comprised of an
approx:imatdy 3,000 square feet of restaurant use with an app%oximately 593 square-
foot outdoor pacio dining area open to Main Street, 773 square feet of retail space,
thIce (3) covered parking spa.ces (721 s~a.re feet) ~n the gt:ound floor, and 4,822
square feet of second floor se1VÍce and office œes. The Floor Area Ratio (FAR) is
1:1.3. .
Planni~ Area B - I..ive~Work: The site is approximately 32,941 square feet (.756
net aaes) 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 thr<:e-stoty units £icing on Prospect AY~Jlue with each Mving 913
squa.re feet of gr(mnd floor utill space with 2. 2,126 squ.are-foot !esidential unit in
two levels tbóvt; and b) s.ix tbtee-stmy units facing the public alley to the west with
each having 431 s'lu~re feet of ground floor commucialJof£ice space with a 1,862
5<3wue-foot residential unit ic two stones -above.
Notes:
No changes to this Section of the District RegulatiOI15 would be reqwcd with tespc(;t to future
changes :md a.djusttnent to the development. However. any new constIUction. alterations, or
tnodiEieatióftS to the development would n~d to comply with all applicable provisions conWncd
in Section 3.0 and 4.0 of the$~ (Úttict Regulatiool and the Tusån Genen1 pran.
The square footage allocatiOI1S and £loOt area ratios jd~Dcified in the PlaI1t1ëd Community
Regulations shall govem the c>veraJ1 mmmWD intensity and ~c:ale of deve1opment within each
PrtN¡uct Y18~ Plu1Þ«l Co.mmwUiy Di.tzlet ReguMtúnJ.
Ordinance No. 1284
Page f1 of 34
planning arei without th~ OCtoCssity of additional or n~w environmental documentation. AU
acreage data is appro-mate and will be refined on a fulal m;ap and in final development plans.
Ordinance No. 1284
~p1Øèot>W6~ PJUUJ~d Co.umuDJly Di.trict R~gublrioD'
s
3.0
LAND USE REGULATIONS
The land use regtilitions :md development standanls contained within this document act 15 a
principle put of the controlling mechanism fot implementation of the Planned Community
District designation. Standards set forth in this Section will ensure that deveJopment within
the PrO8pect Village Planned Community proceeds in II. consistent and appropriate
manner as the community matures.
3.1
PllUU1ÍJ1g Area A .. Commercial
A.
Purpose !Lad Intent
The commerœil component of the Prospect Village Planned Community is
intended [0 provide: for a tomplcmcntary IDÌK {}f :Jpetialty retail, restaurant, s~ce
business, and office to achieve a high level of commerci:ù a<:tivities and urban vitality
at the easterly gateway to the City"s downtown district.
B.
Permitted and Conditionally Permitted Uses
The following use~ slWl be permitted by right or condiùonlJly permitted in
P1apnin¡ Area A (Main StIe~t Commercial Building) as 5ta ted:in the following t~t:
1.
Ground Floor Pennitted Uses
3.
Retail uses, when conducted within a building:
. Restaurants (approximately 3,000 sqU2Ie feet with 112 seats)
. Outdoor dining (see page 8 for Outdoor Seating and Operational
Standards)
. Bakeci~, delicate$sens., speci~ty foods, coffee shops
. Antiques ILD.d curios
. Prepared foods stores ~ce Cte~ yogurt, candy, and similar
items)
. Clotbing/shoes stores
. Geñetal tnetcha1ldiu vuiety $tore~
. SPecWty stores/antique shops
. New househol~ good:i/home furni8hings stores
. Florist sh.ops
. Books/stationery stores
. Jeweby :ltores
. Artsbops/~es
. Musical supplies and instruments
. Video/music stoles
PltHp«t ViJ1II8f! PhDDt:d ClUDlDunity Dhtncr RI!~tiOlJ.
Ordinance No. 1284
Page i3 of 34
b.
Service USCS. when çonduçtcd within. a b\Ù1dÏng:
. BArber shops
. Beauty parlors
. Interior decorato:r
. Locksmith
. Mill services
. Photography studios
. Printing
. Shoerepait
. Tailoring
. Travel agency
. R~al estate office
2.
GroU1ld Floor Conditionally Pennitted Uses
When conducted wit1ún :a building:
.
Wholesale bakeries
Figure modeling studios
Day spa/massage establishments
:Pet grooming
P1ulm~cies
Alcoholic beverage sales in conjunction with resuurants
subject to the Planning Comtnission's Guidelines for
Alcoholic B tvera.ge Sales Estahlishments
Wine tasting rooms
.
.
.
.
.
.
3.
Second Floor PclDlittcd U scs
When conducted wjth.in a builcMg:
.
Retail and service 'Uses listed a.s petmitted on the ground flOOt .
Plofessional md gcnc:ml offiçes (excluding mediça~ dental, or
veterinuy offices) up to a total of 4,816 square feet
.
4.
Second Floor Conditionally Permitted Uscs
c.
Prohibited Uses
.
Retail and ret2.i1 scwice uses if listed under conditionally
permitted uses on the ground floor
.
. Coin-operated laundromats
Dry-cleaning (on-site) and laundry semces
Medical, dent2.1~ or veterin.ary 0 fflces or clinics
.
.
Ordinance No. 1284
P~)MfJ.ö.., Pú:zuJ«J Co.mmlmilJ' DJ.t:rIct R~gvJ.don6
.,
.
Uses that involve use or storage of ha2;ardou5/explQ~ive materials, cause
offensive odor:!. and/or gcßaatc dust. noise, or excess light
D.
Tempowy Uses
Tempouu:y uses are subject to provirions of the Twtin City Code.
E.
Un1isted Uses
The Director of Comm.u.nity Development. Department may detemili1e similAr uses
are permitte~ conditi.()naJly permitted. or prohibited in Pl1nrung Area A or may refer
the matter to the Planning Commission.
F.
Development Sú1ndards
1.
Minimum. Lot Size: None
2.
Lot coverag,:: 100-percent, less parking and building setback requirements.
3.
Buil~i Se:t\Jacks:
a.
Front Yam (Facing Main Street): 0 Feet
b.
Side Yard (Facing Prospec.t Avenue: and the public alley): 0 Feet
c.
Rear Yard (Facing Planning Area B): Ten (10) feet
d.
Stormont entries including door swings shall not encroach into the
right-of-way to achieve .tniJùtnum. width needed for ~ccessibility
requ.ired by the Amcàcans with Disabilities Act
4.
Ðui1~ Hei¡ht: 50 feet, including roof-mounted features a.nd equipment.
5.
Fences. W911s and Hedges:
a.
No walls OJ: Eencing slWl. be permitted at the ríght-of-way along
Pralptct Aveaue, Main Street, or the public alley to the west, unless
required by Alcoholic Beverage Control (ABq st2ndards to enclose
outdoor diJÚng areas.
b.
Fences, walls. and hedges at the teat property .line separating the
Main Street commercial area in Planning Area A and the residential
portion of the projec.t in Planning Area B shall not exceed six (6) feet
eight (8) inches in height, unless requited for noise mitigation md
approved in writing by the C ornmunity D cvclopment Director.
Proøpcct vJJJ¡,ge PlIUUlec/ CommuAÎty Di1Itrkt RepllldOlJI
Ordinance No. 1284
Page t5 of 34
6.
~
All signs a.re subject to the 9pproved master sign p11n for the project. The
sign pl:an shall be consistent with provisions of the: Tustin Sign Code and
latest adopted California Building Code (CBq and C:alifom1a Electrical Code
. (CEC) and may include the following exceptions:
a.
Projecting signs shall be allowed to project andfor extend beyond the
propetty line âIld over the public right-of-w~y along Prospect Avenue
and Prospect lane (Alley) with adequate height cleuance for
pedesttians, emergency vehicles, and reluse trucks, sllbject to review
and approval by the Community Development Department and City
En,gmeer and obtaining an encroachment permit from the Public
Works Department.
7.
Scree~ of Medu.t1:Ícal EQ31Ïpment
All mechanical equipment shall be :acollstically shielded if necessary and
architecturally sC1cened 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, a:ad maintenance of heating. ventilating. cooling,
refrigeration systems, incinerators, and other miscellaneous heat-producing
appl:iançes shall be in comp1i2nce with the latest California Mechanical Code
adopted by the City of Tustin.
8.
Trash Enclosures
A covered trash endosure shall be maintained at the southwest corner of the
commercial property mtegnted within the building design. The trash
receptacles shall be screened from Prospect lane (Alley) and Main Street with
decoutive mew gates. The refuse collection area shall be maintained and
kept dean at all times. Mole frequent refuse service: may be required to
prevent nws:inces to adja.cent p.roperties.
9.
Merchandhe Dis,pky
N 0 merchan~e shall be d:i$.played or ac:1.vetti$cd for sale on. or, over the
public right-of-way. and outside display of merchandize shall not be
permitted except by approval of ~ tempor2IY use pennit.
10.
Other Development Standards
~y development standard which is not specifically identified within the
District Regulations or shown on the approved devdopmc:nt plans shall be
subject to the applicable provisions of Section 9233 of the Tustin City Code
or determinacion by the COmtt1wUty Development Di.t:ectot.
Ordinance No. 1284
~"*~ PlAnned Community Di"tnct' Rt:p/sItiOD.
ß
11.
Outdoor Seatin~ Desien and Operational Standards: The outdoor seating
areas shall be de:signed and operated as follows:
. The outdoor uea shall be managed. operated, and maintained as an
integral part of the adjacent food service establishment.
. The bOUIS of opaaåon sbaU be complementary to the commercial
district sundll.rds.
. Approval of an encroachment permit is required, if the outdoor
seating area encroaches into the public right-of-way.
. There $blÙl be ne> cooking or food prepantion in the outdoor dining
area.
. Outdoor dining furniture shall be compatible with the building design.
subject to approval ot the Commwùty Development Department.
No resin-type fumitule is permitted.
. The layout of outdoor seating shall maintain a dear passage: and
emerge ncy exit.
. All barriers for deGning the outdoor area shall be a maximum of
three foot (3) six (6) inches deslgncd to withstand inclement outdoor
wesche! and are subject to review and approval by the Commwùty
Development Department.
. Ugh ting of the outdoor dining ~ea shall complement the
architectural style of the bWlding and Old Town Tustin. Table lamps
and candles are encouraged.
. No hee 6tanding signs (A &amc, etc.) shall be permitted in the
outdoor se2ting atea
. Water drUn~ge on the public right-of-way is not pennitted. All
potted plants shaD be maintained in a healthy and vigorous condition.
Saucers or other suitable system to ret2Ìn seepage into the sidewalk
shan be pIovided.
. All Oamge County Fire Authority requirements shall be complied
with. .
. Outdoor sesting area shall be maintained and cleat of litter at all
times. At the end of business day establishments shall clean (sweep
and mop) the areas in and around the outdool dining area.
PI'O.p«t ViJlllse PIvuJ«I CDDlmønity DiøtDd ReøuJlltios.
Ordinance No. 1284
Pag~b7 of 34
3.2
. Planning Area B - Live/Work
A.
Purpoge and Intent
The live/work component of the Prospect Village PJanned Community is
intended to provide twelve {12) live/work units in an urban setting with common
opeD 5pac;e for: tb<: enjoyment of all residents. Area (B-I) includes the six (6)
Uve/Work uniu facing Prospect Avenue 1nd Area (B-1!) includes the 5Ïx (6)
Uvt/Worlc units facing the þu1>1ic alley to the west of the project.
B.
Sub Area B-1 - Six (6) Live/Work Uni18 Facing Prospect Avenue
Penuittcd and Conditionally Pennitted Uses
The followmg uses shall b~ permitted by right or conditionally permitted 1S stated in
the following text:
t.
Ground Floor Pennitted Uses (Live/Work Units Facing Prospect
Avenue)
a. Retail uses, when conducted within a building:
. Re~t-aurants
. Outdoor dming (see outdoor dining standArds for Planning Area A)
. Bakeries, delicatessens. special ty foods, coffee shops
. Antiques and curios.
. Prepared foods stores (ice creaml yogur~ candy, and similar items)
. Clothing/shoe stoles
. General mercha.ndize variety stOles
. Specialty stores/antique shops
. New household good~/home furnishings 5tores
. Hc.tist shops
. Books/stationary sto:res
. Jewelry stoles
. Aft sbops/gilleries
. Musica.l supplies 2nd instruments
. Video/music ~tores
b. Service businesses such ItS:
. Barber shops
. Beauty parlors'
. Interior deco1'2tot
. Printing
. Locksmith
Ordinance No. 1284
~~Wd.p PliuuJed Community DJøtrÍcr Re¡¡u1Mioø,
11
. Pbotognphy stw:lios
. Msil services
. Dry d~ningl tailoring
. Shoe repa.ir
. Travel agency
. Real esta.te office
. Telephone answering service/office support seIVÍces
z.
Ground Floor Conditionally Permitted Use. (UvefWork Unitll Fllcing
Prospect Avenue)
When conducted within a building:
. Figure modeling studios
. Day spa/nussage establishments
. Pet grooming
. Pharmacy
3.
Second/Third Floor Permitted Uses (Live/Wotk U1Úta Facing
Prospect Avenue)
When conduct~d within a bu.ilding:
. Single fa.m.i1y .residential
. Home occupation in accordance with Tustin City Code Section 9297
4.
Prohibited Uses (Live{Wotk Units Faciøg Prospc:c:tAvenue)
***
. Coin.opetated laundrOØ12ts
. Dry-cleaning (on-site) and laUJ2dry services
. Genem. professional. medical, dental. or veterinary offices or clinics
. Uses that .involve use or storage of hazardous/explosive materials,
cause offensive odoIS, and/or generate dust, noise. or excess light.
Unlisted uses are not to be assumed to be pennitted or conditionally
petmitted.
5.
Use Limitations
A minimum of ten (10) residential units shall be owner/proprietor-occupied
on all f1oo~ and shall be designa.ted a.s "Restricted Units" on the approved
plans. Four (4) of these uniu shall be located in S\lb.Area I (facing Prospect
Avenue) md six (6) of the~e units shall be located in Sub-Area B-II (facing
the public Iller). 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 secUtes additional parking within 300 feet of the
I'IOI/pcct V'~ PJUUI«I CommlUÚ'J' Dj.uü;r Re¡¡ur.ÞODI
Ordinance No. 1284
PageD9 of 34
unit 3S required by Section 9252 of the Tustin City Code, at the ratio
identified in the "Genc:ral Parking Requirements» section herein, and the
re(Otds m1 insuument or igreement gpproved by the Agency Imd the City.
6.
Unlisted Uses
The Direçtor of the Community Development Department may determine
similu uses are permitted. conditionally pcnnitted. or prohibited in Planning
Are ¡ A or amy refer the matter to me Planning Commission. .
7.
']' emporary Uses
1'~por;¡ry uses are subject to provisions of Tustin City Code.
c.
(B-1!) Permitted and Conditionolly Permitted Uses
Six (&) Live/Work Units Facing Public Alley
The following uses shall be permitted by right or conditionally pemritted as stated in
the following text:
t.
GfOU11.d Flool Pennitted Use¡ (Live/Work Units Facing the Public
Alley)
a. Retail. uses~ when conducted within. a building:
. Restaurants
. Outdoor dining (8ce Outdoor Dining Standards for Planning Area A)
. Bakeries, delicatessens, specialty foods, coffee shops
. Antiques 311d curios
. Prepared foods stores (ice cream. yogurt. cmdy, and similar items)
. Clothing! shoe sto%es .
. General merchandize variety storcs
. Specialty stotes/at1tique shops
. New household goods/home furnishings stores
. florist shops
. Books/stttionery stores
. Jewelry storcs
. Art &bops! g1Llleå~5
. MusiclÙ supplies md instruments
. Video/music stores
b. Service businesses such as:
. Barber shops
Ordinance No. 1284
P.M¡Jhp~ PhD.Ded Community Diøàict Regul"tioa,
v
. Ikaucy parlor:¡
. Interior decanter
. Printing
. Locksmith
. Photogttphy studios
. Mail services
. Dry ç1~ning/tailotÚ1g
. Shoe repair
. Tnve1 agency
. Real estate office
. Telephone a.nswering service/office support services
c.
General or professional office uses, excluding me«fuLl, den1:2l, or
vctcrinuy uscs.
d.
Home occupation in accorda.n.c~ with Tustin City Code Section 9297
2.
Grouod Floor Conditionally Permitted Use!; (live/Work Units Facing
the Pu blic A1ley) .
When conducted within a building:
3.
. Figure modeling studios
. Day spa/massagc establishments.
. Pet gt()()ming
. Phamu1cy
Second/Thitd Floor Permitted Uses (Live/Work Units FacÍ11g the
Public Alley)
When ,onducte<l within a building:
. Single family residential
. Home occupation in accordance with Tustin City Code Section 9297
4.
Prohibited Uses (Livc/Work Units Facing the Public Alley)
. Com-opcmted laundtomats
. Dry-cleaning (on-site) and laundEr services
. Medical, denw. or veterin2ry offices or clinics
. Uses that involve use ox storage of hazardous/explosive materials,
cause offensive odors, a.n.d/ ot gencnte dus~ noise. or excess light
Pro.peet vú/~ PltUJDfiJ Commønfty Di.aic:t Rt:¡¡uJaIioø.
Ordinance No. 1284
Pag~~1 of 34
5.
Use Limitations
A minimwn of ten (10) tesidential units shall be owncr/proprictor..occupied
on all £1.001'S a11d shall be designated as JIRestrict~d Un.its" on th~ aþþtoved
plAns. Fow: (4) of these units shall be locued 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 appIOval to lease the retail ox office portion of the livc-work
unit. p~ovided the owner secures ildditioaal parlång within 300 feet of the
unit as required by Section 9252 of the Tustin City Code, at the tdi~
identified in the '(General Puking Requiremen.ts" section herein, and records
an instrument or agreement approved by the Agen<:y and the City.
6.
Unlisted Uscs
The Director of the Community Devtlopment Depa.rtment may determine
similu uses are permitted, conditionally permitted, ox prohibited in Planning
Area A or may refer the matter to the Planning Commission.
7.
l' cmporary U sea
T emporuy uses shall be regul2ted purswmt to the applicable provisions of
the Tustin City Code.
3.3
General Development Standards for Planning LUcas B-1 and B.II
A. Bui1~¡ Site:
B. Gross De:auitJ:
C. Lot Covem~:
D. Buildin¡: Setbacks:
32,941 &quare feet
16 wùts per acre
100 per<:ent, less puking, open space, ud building setback
requirements.
1.
Front Ya1;d:
(Facing Prospect Avenue):
(Facing public alley):
0 Feet
5 Feet
2.
Side Yard (fa(;in~ TImd StrcC():
Zeto (0) Feet
3.
Rear Yard (F ~ittg Planning A1ell A): One (1) Foot
4.
Buildit1¡ to Build.in~ in Planninf Area 13: Six (6) feet between buildings
E.
BuiJdin¡ Hej~t: 50-feet. including roof-mounted equipment and clriJ:nncys.
Ordinance No. 1284
~tOV1tJJap p/8IJI t:d CoIZJ/nUDily Djøf.rÍct R~guhltiØD'
1.l
F.
Common Area Open Space: All areas outside the bWlding perimetere are
considered commO11 open Sp1.CC and shall be maintained by the homeowners'
:¡gsoWúon.
G.
Projections into Rer,¡.uired Setbacks: Eaves, cornices, chimney, balconies 2nd other
similu architectwal features shall not project into any requited building setback
un1~6S permitted by the Ca.lifomi~ Building Code.
H.
Fences. Walls. and Hed¡es:
No walls, fences, or hedges that exceed t:1u:ee (3) feet in height shall be permitted at
the rigbt-of-way along Prospect Avenue or the public a.lley to the west. Fences,
walls, and hedges :in the interior moto% court, between units, along Third Street, or
between the residential units in Planning Ar~ B and the Main Street commercial
building in Planning AreQ A. shall not exceed six (6) feet eight (B) inches in height,
unless required for noise mitigation and a?proved in writing by the Cotntnunity
Development Director.
I.
Private Drive:
1.
The pnvllte drivewa.y shill provide access to guages and guest parkìng spaces
and shall lave a tnÍnÍ1tlum t:t1vel w~y width of 28 feet, curb face to curb &lee.
No parking shall be permitted on the drivew2Y, other th2n in designated
parking stalls.
2.
Sidewalks are not rcquircd witlún private drives. Sidewalks. wbexc provided,
shall. be designed in accordance with Standard ß 1 02 of th.e City's
Construction Standards for Privlue Stteets, Storm DraÌIls, and On-Site
Private Improvements and subject to compliance with applicable accessibility
requirements or the AmericUls with D3saoilities Act, Title 24 of the Unifonn
Building Code as locally amended. and the Department of Housing and
Urban Deve1op~nt's Fair Housing Accessibility Guidelines.
J.
ReÍlue:
Trash .receptacles shalt be stored inside private garages. No pe.œon shall place any
receptacle in any street, alley, or othet public way at a.ny time ot place other than u
above provided, 01 no earlier than nQQn on the d.ay before fichedQ].ed collections 2nd
removed within twelve (12) hours of collection (Ord. No. 1014, Sec. 8, 1.3-89).
K.
Other Devclo.pm cnt Standa.rds:
Any development stafid2rd which is not specifically idcn1:Ífled within these District
Regulations or mown on the ipproved development plans shall be subject to the
applicable p~ovisions of the Tustin City Code or a dettIm.ination by the Community
Development Director.
Prø#pect v~ Planned CDDJØlllDlty D.iøtrit:t R~p/sIdol"
Ordinance No. 1284
Pageß3 of 34
3.4
GcnC%al Parking RequücmeDtIi {(II: Planning Areas A and B
A.
Parking within PJanning Alea A and B shall be provided at the following ratios:
. PursU2l1t to the Shared Parking Evah12tÌon (Appendix F of Prospect Vilbge Final
Environmental Impact Report) prepared for the project, a total of three (3) parking
spaces shall be p:rovided within Planning AIea AJ adìacent to the Main Street
Commercial Building. In -addition, a total of fifty-nine (59) 5pac~ sh311 be provided
subject to an off-site parking agreement between the Developer and the City of
Tustin, as provided for by Tustin City Code S~ction 9271aa and 9252j3 to
ac.commodate commercial uses in Planning keas A and B. If the approved land use
mJx is modified, any adçlitional parking tha.t is needed shall be provided in
acco:rdance with the following ratios:
.
.
One (1) p:lrking space pex 200 squue feet of retail use:
One (1) parking space pex 300 sqw.re feet of office u~e; Uld,
One (1) ?a.rking space per three (3) seats for restaunnt use (including
outdoor ditúng).
A minimum of two (2) enclosed gara.ge spac~s shall be maintained fOt each
dwelling unit in P!anning Area B and permanently used for the puxpose of
puking vehicles. In addition, a minimum of three (3) open and unassigned
guest parking spaces. at a ratio of one (1) parki11g space for every foux (4)
units, shall be provided within the development.
.
.
Other uses. shall provide parking at .rates rc<Juired by the Tustin City Code or as
deteanincd by an a.pproved conditional use permit.
B.
GArAge I\J1d P:atking Stall Dimensions:
Parking uea dimensions, locations and access shall conform to the City's design
review criteria on file Ùl the Community Development Department. At a minitnum,
garages sba.n be a 20 feet by 20 feet inside clear dimension. Automatic garage door
openers and sectional rollup doors shall be !equited on all residential units. Open
puking spaces shill be ~ minimum of tilile (9) f~~t in. width by twenty (20) feet in
depth. Up to a two (2) foot overhang may be perttÙtted into a landscape planter or
sidewalk area provided the side'\V"alk has sufficient width to comply with accessibility
teq~~nts. .
Ordinance No. 1284
~~ PlMDDed Cammum'ty District Rt!¡¡uú tiOD$
17
4.0
4.1
4.2
4.3
4.4
4.5
4.6
IMPLEMENTATION and ADMINISTRATION
Rc&ponsibility
The Conununity Dc:vc.lopment Department of the City of Tustin shall be responsible for the
I'dIninistr~tion and enforcement of provisions of these regulations.
In[e~retations
It ambiguity anses concerning the appropriate application of prGvWons contained in these
District Regulations, the Community Development Director shall make the appropriate
detcm1.Înation. In making a determination the Director shall consideJ: the following~ but not
by way oflimita1Ìon:
A.
Ptiot ac:lfiiliUstt~tive Ï11terpretatio11 of similu provisions;
B.
General intent and purpose of these District Regulations;
c.
Provisions c;ontained 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.
MOOititation:¡¡ t9 Development Plans
The ch2.[~cteri.stics and unenities of the Prospect Village Planned Community are to be
implemented through adGption of development plans. Any modifications to the åppro"\o"td
development pÌ2ns shall be processed in accordance with the provisions of the Tustin City
Cooe.
Subdivisions
All divisions of 12nd shall be þtOécssed Ìft a.ccotd4!1ce with the Tustin City Code And State
Subdivision Map Act.
Va1'ÎaDCC:S. Condition¡) Use PerJTÚts. and Other ~OI12-Q' Actions
All applications sha1l be processed in accord2nce with the Tustin City Code.
Amendment to District Re~tÌons
Any amœdment to these District ReguJatioas contained herein which change the allowed
uses within the development. impose any rcgulation upon property not therefore imposed,
or removes or modifies any such regulation sh2ll be initiated and processed in the same
manner set forth in the T \atin City Code fot atnending the Zoning Code.
Pm,pecr V"ú/Mge J1lMnÞ~d CommulJity DåtJict R-guJ.tioD,
Ordinance No. 1284
PagetJ5 of 34
4.7
En forcemenr
The District Regubtions are adopted by Ordinwce and are theIefore subject to penalty
provisions of the Tustin City Code. Specifically, violations of land use Ot 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 ofhw.
4.8
Severability Clause
If any part, section, subsection, paragraph, subparagraph, sentence, claus~. phrase. Of: poItion
of these District Regulations is held to be invalid, unconstitutional, or unenforceable by a
court of competent jurisdiction, these decisions sh.all not affect the validity of the remaining
portions of these District ReguJations. The Tustin City CoUt1dl hereby dec.wes that these
District Regulations and each part, section, subsection, paragraph) subparagraph, sentence,
d2use, ph.r2se, or portion thereof would have been adopted irrespective of the filct that one
or more portiot'ls of the District Regulations May be decl~ed ttwaüd, uaconstitutional, or
unenforceable.
Ordinance No. 1284
ertg~~ PúnDed Community Dis triet Regu.hltiODI
If)
Zoning Map
I'
I- r
R 1
.---..
,-..;:1 J~
... I I u
) I II;
~~ ~~
--.I
-, .~~2 P
I
J1I
Prospect Village Planned Community
.---
The Prospect Village Planned Community is bounded by Main Street, Prospect ^,,'p.nue, 11úrd
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 miscel.1aneous maps, of records of Orange County
California with the east 145 feet of the south 1)7.5 feet of said Block B (proposed as Vesting
Tentative Tra.ct Map 16481)
Ordinance No. 1284
Page 27 of 34
PLANNING AREAS
S ®1t
itw A,r r
14 w
Ol
`1��.!'.-+A' ��4.. 'r y�� 'S ��ri _ •`�T'HP' edeit rq�� ..• �.(.{'a �� .so. �� - .i�'e'•R� i�
k A� A;+:a�� - m f i a= .. s ..r4° 1i► cia t�i� ii�j�aaa �/��'::
t;
- Project Statisti~l SummllrY
Acreage Non-ResIdential Uses Residential Uses
Net Areas FAR Ground Floor Second Floor Total Floor Density TotaJ
Retail Area Offiçe Area Area Units Per .Units
(nct leasable) (net leasmle) (net leasable) Acre
Planning 1 :1.35 . 3,773 sq.ft. &. 4.816 sq.ft. 9,]82 sq. ft."
Area A 593 sq.ft.
outdoor
dininJl;
Planning 913 sq.ft. 2.126 sq.ft. 16 12
Mea B Units facing living are~
Prospect units facing
Avenue Prospect
4ó9 $<11ft. Avenue
units facing 1,862 sq.ft:.
~Iley units facing
~neY
>II Does not include 830 squar~ feet of garage and trash area on ground floor and 117
square feet of de<:k on 1he second floor.
Gross and net acreage are an estimated allocation. Actual a.creage will be refined by the
fumJ. subdivision map process.
Floor area ratios is the gross floor of buildings within a pl&D11ing area divided by 1he net
acreage of the plamring area.
Ordinance No. 1284
Page 29 of 34
Development Plans
Ordinance No. 1284
Page 30 of 34
DrOX416KIWokk
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PROSPECT LANE
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LAND CAM RAN
PROSPECT VILLAGE
T
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PROSPECT AVENUE
LAND CAM RAN
PROSPECT VILLAGE
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.s-. n_r.en u.uye mr.tM etiryrer• ,wr�b.'t car.. w.a-�..[+.�w�.
Prospect Lane Elevation (West Elevation)
�ntial from courtyard (East Elevation]
PRODUCT S ELEVATIONS i
PROSPECT VILLAGE
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Prospect Avenue Elevation—Unit A (East Elevation)
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View of Unit
_A residential from courtyard (West Elevation I
PRoDucr A ELEvAnorus
PROSPECT VILLAGE