HomeMy WebLinkAbout02 ZC 03-002 TTM 16481 DR 03-021
ITEM,¡i#.2
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~ ~dport to the
Planning Commission
APRIL 26, 2004
ZONE CHANGE 03-002, TENTATIVE TRACT MAP 16481,
DESIGN REVIEW 03-012, CONDITIONAL USE PERMIT 03-012,
AND GENERAL PLAN CONFORMITY FINDING FOR
DISPOSITION OF PROPERTY
DATE:
SUBJECT:
PROSPECT VILLAGE, LP (FORMERLY PELICAN CENTER, LLC)
15272 BOLSA CHICA ROAD
HUNTINGTON BEACH, CA 92649
ATTN: JOHN TILLOTSON
APPLICANT:
PROPERTY
OWNER:
TUSTIN COMMUNITY REDEVELOPMENT AGENCY
LOCATION:
ZONING:
191,193 AND 195 EAST MAIN STREET,
CENTRAL COMMERCIAL AND PARKING OVERLAY DISTRICT
(C-2P), CULTURAL RESOURCES OVERLAY DISTRICT, AND
TOWN CENTER REDEVELOPMENT PROJECT AREA
ENVIRONMENTAL
STATUS: A DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) WAS
CIRCULATED FOR PUBLIC COMMENTS AND A FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR), INCLUDING
RESPONSES TO PUBLIC COMMENTS, HAS BEEN PREPARED
IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
REQUEST:
1)
SUBDIVISION OF A 1.036 ACRE PARCEL INTO
THIRTEEN (13) NUMBERED LOTS AND ONE (1)
LETTERED LOT FOR DEVELOPMENT OF A
COMMERCIAL BUILDING AND TWELVE (12)
RESIDENTIAL LlVEIWORK UNITS;
ZONE CHANGE TO ESTABLISH A PLANNED
COMMUNITY AND PLANNED COMMUNITY DISTRICT
REGULATIONS;
DEVELOPMENT OF AN APPROXIMATELY 9,300
SQUARE FOOT (8,589 SQUARE FEET LEASABLE AREA)
RESTAURANT, RETAIL, AND OFFICE BUILDING AND
TWELVE (12) MIXED USE (LlVEIWORK) UNITS WITH
2)
3)
Planning Commission Report
TTM 16481, ZC 03-00, DR 03-012, CUP 03-012, & General Plan Conformity Finding
April 26, 2004
Page 2
4)
RETAIL AND OFFICE USES ON THE GROUND FLOOR
AND SINGLE FAMILY RESIDENTIAL USES ON THE
UPPER FLOORS;
APPROVAL OF A REDUCTION IN OFF-STREET
PARKING IN ACCORDANCE WITH TUSTIN CITY CODE
SECTION 9271 aa AND AN AGREEMENT TO PROVIDE
OFF-SITE PARKING IN ACCORDANCE WITH TUSTIN
CITY CODE SECTION 9252; AND,
AUTHORIZATION TO SELL ALCOHOLIC BEVERAGES IN
CONJUNCTION WITH A FUTURE RESTAURANT USE IN
THE COMMERCIAL BUILDING ON LOT 1 OF TENTATIVE
TRACT MAP 16481 (ABC LICENSE TYPE "47").
5)
RECOMMENDATION
That the Planning Commission adopt:
1.
Resolution No. 3910 recommending the City Council certify the Prospect Village
Final Environmental Impact Report as complete and adequate pursuant to the
California Environmental Quality Act for Zone Change 03-002 and Tentative Tract
Map 16481 and certifying the Prospect Village Final Environmental Impact Report
as complete and adequate pursuant to the California Environmental Quality Act for
Design Review 03-012, Conditional Use Permit 03-012, and finding the disposition
of property owned by the Tustin Redevelopment Agency in conformance with the
General Plan
2.
Resolution No. 3911 recommending that the City Council approve Zone Change
03-002 by adopting Ordinance No. 1284 to Change the Zoning on a 1.036 Acre
site at the Northwest Corner of Main Street and Prospect Avenue from "Central
Commercial and Parking Overlay (C2-P)" to "Planned Community (P-C)" and
adopting Planned Community District Regulations to set forth Land Use
Relationships and Development Standards for a Mixed Use Development with
Commercial and Residential Uses. .
3.
Resolution No. 3912 recommending that the City Council approve Tentative
Tract Map 16481 for subdivision of a 1.036 acre site into thirteen (13) numbered
lots and one (1) lettered lot for the purpose of developing a commercial building
and twelve (12) live/work units within a Planned Unit Development.
4.
Resolution No. 3913 approving Design Review 03-012 for development of the site
with an approximately 9,300 square foot (8,589 square feet of leasable area) two-
story commercial building and twelve (12) three-story live/work units, with a
reduction in off-street parking requirements and the provision of off-site parking,
and alcoholic beverage sales in conjunction with a future restaurant.
,~
Planning Commission Report
TIM 16481, ZC 03-00, DR 03-012, CUP 03-012, & General Plan Conformity Finding
April 26, 2004
Page 3
5.
Resolution No. 3914 approving Conditional Use Permit 03-012 for establishment of
a future restaurant with alcoholic beverage sales in a tenant space up to 3,000
square feet with 112 seats in the commercial building on Lot 1 of Tentative Tract
Map 16481.
6.
Resolution No. 3915 finding the disposition of property by the Tustin Community
Redevelopment Agency for the Prospect Village Project is in conformance with the
Tustin General Plan.
BACKGROUND
The project includes the development of a 1.036 acre site with a new, two-story
approximately 9,300 square foot commercial building with 8,589 square feet of leasable
area for retail, restaurant, and office uses and twelve (12) three-story live/work units with
retail and office uses on the ground floors and residential uses on the upper floors.
Site and Surrounding Properties
The project site is bounded by Main Street on the south, Prospect Avenue on the east,
Third Street on the north, and a public alley to the west (Attachment A - Location Map).
There are two existing historic buildings on the site that have accommodated three (3)
tenant spaces at 191 and 193-195 E. Main Street. The remaining portions of the site
are generally vacant, with the exception of two concrete pads, where previously
demolished structures were located, and other miscellaneous debris.
The project site is surrounded on three sides by other development, including the City's
Main Street Water Facility to the east, and office and retail uses across the alley to the
west and across Main Street to the south. An existing vacant L-shaped lot is located
across Third Street to the north that currently accommodates a Farmers Market that
operates one (1) day per week (Wednesday) between 9:30 a.m. and 1:00 p.m.
Development Process and Public Noticing
In June 2002, Pelican Center LLC (now Prospect Village, LP, a California Limited
Partnership) submitted a development proposal to the Tustin Community
Redevelopment Agency to construct a 13,000 square foot retail commercial building
and 12 live-work residential units. Subsequent to entering exclusive negotiations and
additional design refinements, a revised development plan and project pro forma
reflecting an approximately 9,300 square foot retail commercial building (with 8,589
leaseable square feet) and 12 live-work units was submitted. A Disposition and
Development Agreement (DDA), which reflects the proposed project, will be considered
by the Tustin Community Redevelopment Agency.
In late 2003, the development application was deemed substantially complete and a Draft
Environmental Impact Report was prepared and circulated for public review from January
9, 2004, to February 23, 2004. A number of comments were received. Responses to all
comments are contained in the Prospect Village Final Environmental Impact Report
Planning Commission Report
TTM 16481, ZC 03-00, DR 03-012, CUP 03-012, & General Plan Conformity Finding
April 26, 2004
Page 4
(Exhibit A of Resolution 3910), which was made available for review on April 16, 2004, for
ten (10) days prior to the Planning Commission public hearing.
Public notices for the public hearings were published in the Tustin News on April 15,
2004, posted on the property on April 15, 2004. Approximately 212 public hearing notices
were mailed to p'roperty owners within 300 feet of the project site and a number of
individuals on an interest list.
Land Use Designations and Required Entitlements
The project site is located within the City's General Plan "Old Town Commercial" land use
designation, Central Commercial and Parking Overlay (C-2P) zoning district, Cultural
Resources Overlay districts, and Town Center Redevelopment Project Area. The
following entitlements are required (and are discussed in more detail under the
"Discussion" section):
Adoption of a Zone Chanae and Planned Community District: To support the proposed
project, the project site would need to be rezoned to a Planned Community District. The
Planning Commission wouid make a recommendation to the City Council regarding the
zone change.
Subdivision of Land: To accommodate the proposed buildings and separate ownerships,
the project site would need to be subdivided. The Planning Commission would make a
recommendation to the City Council regarding the subdivision map.
Approval of Site and Buildina Desian: To obtain building permits, approval of the site and
building design would be required. Although the Zoning Administrator is the decision-
making body for the design review application, this application has been forwarded to the
Planning Commission for a decision based on concurrent review with the other
entitlements.
Approval of Reduced Parkina and Provision of Off-Site Parkina: The applicant is
requesting approval for reduced parking based upon a shared parking analysis and a
lease for off-site parking at the Main Street Water Facility. Since the project is more than
30,000 square feet in size, the Planning Commission is the decision-making body for
reduced parking while the City Council is the decision-making body for any lease of off-
site parking at the City's Main Street Water Facility.
Approval of Alcoholic Beveraae Sales: The applicant is requesting approval of a
Conditional Use Permit to establish alcoholic beverage sales in conjunction with a future
restaurant tenant. The Planning Commission is the decision-making body for this
request.
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Issuance of a Certificate of Appropriateness: Since the project site is located within the
Cultural Resources District, a Certificate of Appropriateness would be required for
demolition of the existing historic buildings and new construction. If the project is
Planning Commission Report
TIM 16481, ZC 03-00, DR 03-b12, CUP 03-012, & General Plan Conformity Finding
April 26, 2004
Page 5
approved, the Director of Community Development would issue a Certificate of
Appropriateness concurrently with the building permits.
Disposition and Development Aareement: Since the site is located in the T awn Center
Redevelopment Project Area and owned by the Tustin Community Redevelopment
Agency, a Disposition and Development Agreement (DDA) will be considered by the City
Council and Tustin Community Redevelopment Agency as a separate item. However,
prior to. adoption of the DDA, Section 65402( c) of the Government Code requires the local
planning agency (i.e., Planning Commission) to find that disposition of property by the
Tustin Community Redevelopment Agency is in conformance with the General Plan.
DISCUSSION
Project Objectives
The ultimate goal for the Old Town commercial area is to create a sustainable and
competitive 24-hour district that will serve a broad segment of the City's business and
residential population. Development of a compact eight-block commercial-retail core at
the heart of the Old Town commercial area would serve as the primary specialty retail
area. The project objectives are consistent with the recommendations in the "Visions of
Old Town," a planning study that was prepared in 1991 and coordinated by the
Regional/Urban Design Assistance Team (R/UDAT) through the American Institute of
Architects (AlA). As described in the R/UDAT study, the commercial-retail core needs
to be filled with new restaurants, retail stores, and offices that will introduce a mix of
commercial activities which will be competitive with the surrounding strip commercial
centers located along Newport Avenue. It is important to long-term economic viability
of the Old Town commercial area to re-establish the area in the near future as the "town
center" for the City of Tustin by intensifying private commercial retail development and
providing a viable alternative to the traditional neighborhood strip centers and
community shopping centers found on nearby Newport Avenue and other areas of the
City. As such, the project objectives were defined as follows:
.
To develop the vacant and underutilized site within the next 2 to 3 years to
capitalize on the current favorable private development financing conditions for
mixed-use projects;
To eliminate delay and uncertainties regarding future development of the site;
To stimulate private investment and demonstrate economic viability in the Old
Town commercial area.
To increase the amount of specialty retailing and commercial development in the
core of the Old Town commercial area in order to enhance its urban character
and bolster the commercial area's revitalization and long-term economic viability;
To expand the niche market character of the Old Town commercial area by
providing a balanced and complementary mix of new retail and commercial uses;
To increase the number of residential units in the Town Center Redevelopment
Project Area, while reflecting a high-quality urban character;
To develop ground floor specialty retailing configurations consistent with current
market condition requirements;
.
.
.
.
.
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Planning Commission Report
TIM 16481, ZC 03-00, DR 03-012, CUP 03-012, & General Plan Conformity Finding
April 26, 2004
Page 6
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To provide a minimum 3,000 square feet high-quality restaurant along with
outdoor patio dining to enliven the pedestrian environment along Main Street in
the Old Town commercial area;
To create a financially viable commercial mixed-used development with minimum
public subsidy;
To create construction jobs and permanent jobs in the Town Center
Redevelopment Project Area;
To increase the property tax increment and sales tax revenues in the Project
Area, which will be earmarked for ongoing economic development activities in
the Old Town commercial area including business retention and outreach
programs, façade improvement programs, and community facility projects; and,
To achieve the Old Town commercial area redevelopment goals and objectives
of the City's General Plan and the Town Center Redevelopment Plan.
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Project Description
The proposed project is a 40,581 square foot mixed use development, which has been
designed to enliven the pedestrian environment along Main Street by providing a
balanced and complementary mix of specialty retailing and offices to accommodate a
high level of commercial activity and urban vitality at the easterly gateway to the
downtown area. To achieve this, the project includes construction of a new two-story,
9,300 square-foot commercial building with entrances off East Main Street ("Main Street
Building") and access to three (3) on-site parking spaces from the public alley to the
west. The first floor of the Main Street Building would accommodate up to a 3,000
square foot restaurant(s) with 112 seats and 593 square feet of outdoor dining space,
and approximately 773 square feet of retail uses. The second floor would
accommodate approximately 4,816 square feet of retail, service commercial, and office
space. The Main Street Building would have a zero setback along Main Street and
Prospect Avenue, a four foot setback on the public alley to the west of the site or
Prospect Lane, and a 13 foot and four inch separation between the building and
live/work units to the north.
The project also includes development of twelve (12), three story (approximately 40 feet
tall) detached live/work residential units with retail uses on the ground floor to assist in
achieving the goal of creating a downtown specialty retail core in the Old Town
commercial area. Six (6) of the twelve (12) units would face Prospect Avenue and six
(6) units would face the east alley or Prospect Lane. Each of the Prospect Avenue
units would have 913 square feet of ground floor retail space and a 2,126 square-foot
two-story residence with two-bedrooms, two-bathrooms, and a two-car garage. The
other six (6) three-story units facing the public alley to the west would have 431 square
feet of ground floor retail or office space with a two-story, two-bedroom, two-bath, 1,862
square-foot residential unit above. The live/work units would be located on two sides of
an interior auto court that provides vehicular access from the public alley to the garages
tucked under each of the units.
The live/work units would be privately owned and operated; however, a homeowners
association would be responsible for landscape and common area maintenance
Planning Commission Report I
TIM 16481, ZC 03-00, DR 03-012, CUP 03-012, & General Plan Conformity Finding
April 26, 2004
Page 7
including the automobile entry gate, private drive/interior auto court, and guest parking
spaces. To ensure that the units are proprietor owner-occupied, the developer would
be required to record individual deed restrictions for a minimum of ten (10) of the twelve
(12) live/work units upon the initial sale of the units to prevent the sale of the ground
floor retail or office uses separate from the residential living units above. In addition, a
minimum of ten (10) of the twelve (12) live/work units would be restricted to
owner/proprietor occupancy of the ground floor space based on the number of parking
spaces available to serve the project. In other words, the resident would also be the
owner and operator of the business below unless additional parking can be provided
within close proximity to the live/work unit.
The following is a statistical summary of the proposed project:
Restaurant
Retail
Retail/Office
Office
Residential
Project Phasing
The applicant has proposed to construct the project in one phase. A condition of
approval is included to require that phasing of the project be implemented in
accordance with the requirements of the DDA.
Zone Change
The Tustin General Plan provides for residential uses to be permitted in the Old Town
Commercial land use designation at the discretion of the City Council. To address the
location, land use type, density, and building intensity standards for the proposed uses, a
Planned Community zoning district may be adopted. As such, the site would be rezoned
. from "Central Commercial - Parking Overlay (C2-P)" to "Planned Community (PC)";
however, the site would continue to be located within and subject to the Cultural
Resources Overlay District.
Planning Commission Report
TIM 16481, ZC 03-00, DR 03-012, CUP 03-012, & General Plan Conformity Finding
April 26, 2004
Page 8
In addition, specific zoning provisions would be adopted in conjunction with the zone
change to be known as the "Prospect Village Planned Community District Regulations"
(Exhibit A of Resolution No. 3911). In general, the Planned Community District
Regulations would establish two planning areas to delineate the commercial area along
Main Street and the live/work area to the north. In Planning Area A (the commercial
area along Main Street), retail and restaurant uses would be permitted on the ground
floor and retail and office uses would be permitted on the second floor. In Planning
Area B (the residential area), single family residential uses would be permitted on the
upper floors of the live/work units. The ground floor of live/work units facing Prospect
Avenue would be permitted to have retail and service commercial uses whereas the
ground floor of the live/work units that face the alley would be permitted to have retail,
service commercial, or office uses. Although office uses are not permitted on the
ground floor in the Old Town commercial core area, the lack of street frontage of the six
units that face the alley may discourage retail uses. To ensure viability of the live/work
concept, allowing a variety of retail, service, and office uses in these units would be
appropriate.
The district regulations also discuss the proposed development standards for both
Planning Areas.
/'--
Resolution No. 3911 contains findings to support the zone change and shows the
proposed change to the City's zoning map and contains the Prospect Village Planned
Community District Regulations.
Subdivision
Tentative Tract Map 16481 would subdivide a 1.036 acre site into thirteen (13)
numbered lots and one (1) lettered lot for the purpose of developing the commercial
building and twelve (12) live/work units within a Planned Unit Development (Attachment
B).
.
Lot 1 would accommodate the Main Street commercial building and building
setbacks.
.
Lots 2 through 13 would accommodate the building footprints of the live/work
units.
.
Lot A would accommodate common open space area, drive aisle, and open
parking spaces supporting the live/work units.
To provide sufficient infrastructure for the project, the City and the developer will enter
into an agreement with the developer for construction of off-site improvements that
were previously programmed using Community Development Block Grant funds,
including: 1) enhanced paving and landscape improvements in the public alley, 2) half-
width street improvements (paving, curbs and gutters) on Prospect Avenue between
Main Street and Third Street, 3) sidewalks on Prospect Avenue and Third Street with
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Planning Commission Report
TTM 16481, ZC 03-00, DR 03-012, CUP 03-012, & Geheral Plan Conformity Finding
April 26, 2004
Page 9
enriched paving and pedestrian bump-outs at Main Street and Third Street, and 4)
landscaping, which is consistent with the recently installed streetscape improvements in
the Old Town commercial district. The developer will also be required to construct a
new sidewalk on Main Street that is consistent with the Americans with Disabilities Act,
which is needed to support pedestrian access to and from the new commercial building.
In addition, an approximately 4,900 square foot portion of the alley to the west, which is
currently an easement, will be granted in fee title to the City.
To ensure operational standards that are consistent with the intent of the community,
Conditions, Covenants, and Restrictions (CC&Rs) and homebuyer notifications would
be required.
Resolution No. 3912 includes findings to support approval of the map and conditions to
ensure compliance with the Prospect Village Planned Community District Regulations,
the FEIR Mitigation Monitoring Program, the Subdivision Map Act, and the City's
Subdivision Ordinance.
Design Review
The project would provide a strong and consistent urban theme that is compatible with
the surrounding buildings and would retain a pedestrian scale along the storefronts
(Attachment C - Submitted Development Plans). The building improvements and
tenant spaces would respond to the practical considerations of current retail, restaurant,
and office market requirements. As noted above, a number of off-site improvements
would be required to complete the Old Town streetscape.
Arch itectu fe/La ndsca ping
The Main Street Building would be approximately 34 feet in height with brick clad on
three sides and stucco on the rear. This height is generally consistent with other two-
story buildings in the immediate vicinity. The building's design would include articulated
cornices, divided pane windows, brick banding, and tile friezes to be compatible with
adjacent buildings in the Old Town commercial area.
The live/work units would range from thirty-six to thirty-nine feet in height and are
designed to complement the adjacent buildings and the overall character of the Old
Town Commercial area. The live-work units reflect an urban style with brick and stucco
clad exteriors, varied roof lines, articulated cornices, and exterior banding. The ground
floors would be characteristic of other retail store fronts in the area and would include
plate glass windows and entries. The upper floors would be residential in architectural
character with divided pane windows, balconies, and decks that are compatible with the
surrounding buildings in Old Town.
Planning Commission Report
TTM 16481, ZC 03-00, DR 03-012, CUP 03-012: & General Plan Conformity Finding
April 26, 2004
Page 10
/-
Specifications for the lighting fixtures and illumination throughout the project site would be
reviewed at plan check and, as conditioned, would require that all lighting be directed
downward to avoid light and glare on adjacent properties.
Site Amenities
Many of the buildings would have limited setbacks with limited landscaping, similar to
other buildings within Old Town. Tenants would have the opportunity to set pots or
planters in front of the buildings to provide greenery. In addition, the developer would be
required to install street trees along the project perimeter.
The refuse area for the Main Street commercial building would be located at the
southwest corner of the building and accessible from the public alley. The live/work units
would have individual trash service and would have approximately 100 square feet of
storage area in the garages for both trash and general storage.
An access gate would be installed near the intersection of the private drive and the public
alley to limit entry into the private live/work area. A condition of approval would require
the developer to submit detailed plans so that the Public Works Department can review
the proposed stacking distance to ensure there will no impacts to circulation in the public
alley.
/--,
Parking
Based on the proposed project land uses, ninety-two (92) parking spaces would be
required if the requirements of the "Parking Overlay District (P)" were applied. . This
parking overlay district applies to most of the Old Town commercial area. However,
since a comprehensive Planned Community District with unique operational
characteristics is proposed to be established, a parking demand analysis was prepared
to assess the actual parking needs for the project.
The City retained Sasaki Transportation Services to evaluate the project's peak parking
demand. As outlined in Appendix F of the Prospect Village Final Environmental Impact
Report, the Shared Parking Evaluation found the following:
.
The twenty-four (24) garage spaces and three (3) open off-street parking spaces
would be adequate to serve the residential portions of the live/work units. This
amount of parking is consistent with Tustin City Code requirements for multiple
family residential projects.
.
The proposed mix of commercial uses (retail, office, and restaurant) would be
conducive to a shared parking arrangement. According to the study, the peak
parking demands for office, retail, and restaurant uses occur at different times of
the day. For example, the office parking peaks occur during the day on week
days, while the retail peak is on the weekend. Restaurants are typically busy on
Friday and Saturday evenings when retail and office uses are not at their peaks.
According to the Parking Study, the shared parking demand for the commercial
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Planning Commission Report
TIM 16481, ZC 03-00, DR 03-012, CUP 03-012, & General Plan Conformity Finding
April 26, 2004
Page 11
portion of the Project was sixty-two (62) spaces, which would be satisfied by the
use of fifty-nine (59) spaces at the City of Tustin Main Street Water facility ("Water
Facility") parking lot and three (3) on-site spaces. The three (3) parking spaces
are provided on-site, immediately west of and adjacent to the E. Main Street
building.
To satisfy the shared use requirements, the developer must enter into an agreement with
the City of Tustin to use fifty-nine (59) parking spaces in the public parking lot adjacent to
the Main Street Water Facility. These parking facilities were acquired to support
development of the subject property. In conjunction with consideration of project
entitlements, the City Council will consider an Off-Site Parking Agreement for the
provision of fifty-nine (59) public parking spaces.
Resolution No. 3913 includes conditions to ensure compliance with the submitted
plans, design review criteria, Prospect Village Planned Community District Regulations,
and the FEIR Mitigation Monitoring Program. '
Conditional Use Permit
The developer is requesting approval of alcoholic beverage sales in conjunction with a
future restaurant tenant. The restaurant would be up to 3,000 square feet and include the
outdoor patio in the Main Street commercial building.
Resolution No. 3914 contains standard conditions of approval for alcoholic beverage
sales. Once a tenant is selected, the applicant would be required to submit information
demonstrating compliance with the conditional use permit or request a modification.
General Plan Conformity
Since th~ site is located in the Town Center Redevelopment Project Area and owned by
the Tustin Community Redevelopment Agency, a Disposition and Development
Agreement (DDA) will be considered by the Tustin Community Redevelopment Agency
as a separate item. However, prior to adoption of the DDA, Section 65402(c) of the
Government Code requires the local planning agency (i.e., Planning Commission) to find
that disposition of property by the City Council and Tustin Community Redevelopment
Agency is in conformance with the General Plan. Resolution No. 3915 includes findings
that outline how the project conforms to the Tustin General Plan.
Environmental Analysis
A Draft Environmental Impact Report (DEIR) was circulated for public review from
January 9, 2004, to February 23, 2004. Responses to all comments are contained in the
Prospect Village Final Environmental Impact Report (Exhibit A of Resolution 3910), which
was made available for review on April 16, 2004.
The FEIR evaluated seven environmental issue areas including: aesthetics, air quality,
cultural resources, hazards, land use, noise, and traffic. No significant impacts were
Planning Commission Report
TIM 16481, ZC 03-00, DR 03-012, CUP 03-012, & General Þlan Conformity Finding
April 26, 2004
Page 12
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found in the areas of aesthetics, air quality, or noise. Other potential impact categories
related to hazards, short-term traffic impacts, and parking were found to be less than
significant with the implementation of mitigation measures shown in Table ES-1 of the
FEIR.
Due to the proposed demolition of the existing historic buildings, which were built in 1914
and 1922, the project would result in significant and unavoidable impacts to cultural
resources and land use. Although the following mitigation measure is proposed to lessen
the impact of demolition, it will not reduce the impacts of demolition to a less than
significant level:
.
Prior to the issuance of a demolition permit, documentation of the buildings to be
removed shall be undertaken by the developer to be approved by the City utilizing
the standards of the Historic American Building Survey (HABS), including photo-
documentation and measured drawings of the East Main and Prospect Avenue
elevations. These items, together with the Historical Resource Technical Report,
shall be added to the Tustin Area Historical Society Museum.
The FEIR also discusses alternatives to the project as required by CEQA. However, it
should be noted that the developer has not indicated that any of the alternatives would be
feasible from a business perspective and the Disposition and Development Agreement
focuses solely on the proposed project. In addition to a "No Project Alternative," these
alternatives are as follows:
/~-
1.
Full Reuse Alternative: The Full Reuse Alternative entails rehabilitation
and reuse of the existing Utt Juice buildings in accordance with the
Secretary's Standards for the Treatment of Historic Properties with
Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing
Historic Buildings, 1995, Weeks and Grimmer ("Secretary's Standards
and Guidelines"). This Alternative also entails new construction of retail
building addition on the vacant pad area immediately west of the 191 Main
Street building ("191 Building"). The remaining northerly portion of the site
would be developed with ten (10) live/work units.
2.
Partial Reuse Alternative: This Alternative would rehabilitate and reuse
the 191 Building and partially rehabilitate and reuse the 193, 195 Building
(to a depth of sixty) in accordance with the Secretary's Standards and
Guidelines. This Alternative also entails construction of a new two-story
building to a depth on the pad area immediately west of the 191 Building.
The remaining northerly portion of the site would be developed as ten (10)
residential live/work units.
3.
Partial Reuse (193, 195 Building Only) Alternative: This Alternative would
partially rehabilitate and reuse the front forty five feet of the 193, 195
Buildings in accordance with the Secretary's Standards and Guidelines.
The 191 Building would be demolished. This Alternative also entails
construction of a new two-story retail building on the remaining pad area
/ -
Planning Commission Report
TIM 16481, ZC 03-00, DR 03-012, CUP 03-012, & General Plan Conformity Finding
April 26, 2004
Page 13
west of the 193, 195 Building. Similar to the proposed project, the
remaining northerly portion of the site would be developed with twelve (12)
live/work units. .
4.
Full Reuse (Existing Zoning) Alternative: The Full Reuse Under Existing
Zoning Alternative would rehabilitate and reuse the existing structures in
accordance with the Secretary's Standards and Guidelines. The
alternative also entails construction of a new abutting 2,200 square foot
single story retail building on the vacant site immediately west of the 191
Building. The remaining northerly portion of the site would be developed
with a two-story retail and professional office building.
5.
Façade Reuse Alternative: This alternative entails rehabilitation and reuse
of all or a portion of the façade of the 193, 195 Building as may be
technically feasible, which would be incorporated into a new two-story
Main Street Building. All other project components would be similar to the
proposed project.
If the Planning Commission is inclined to certify the Final Environmental Impact Report for
the purpose of approving the proposed project, a Statement of Overriding Considerations
will need to be adopted. The Statement of Overriding Considerations must identify the
economic, legal, social, or technological benefits of the project that outweigh the
project's significant and unavoidable environmental impacts. Resolution No. 3910
contains required CEQA findings, a Statement of Overriding Considerations, and a
Mitigation Monitoring Program for the Planning Commission's consideration.
CONCLUSION
A decision to recommend approval of Zone Change 03-002 and Tentative Tract Map
16481 and approve Design Review 03-012, Conditional Use Permit 03-012, and a
General Plan Conformity Finding for disposition of property may be supported by the
findings contained in Resolution Nos. 3910, 3911, 3912, 3913, 3914, and 3915.
~~
Minoo Ashabi
Associate Planner
I ~ J þ/-lYC-
Karen Peterson
Senior Planner
Attachments:
A:
B.
C:
D:
Location Map
Tentative Tract Map 16481
Submitted Plans
Resolution No. 3910
Exhibit A: Final Environmental Impact Report
Exhibit B: Findings of Fact and Statement of
Overriding Considerations
Mitigation Monitoring Program
Exhibit C:
Planning Commission Report I
TIM 16481, ZC 03-00, DR 03-012, CUP 03-012, & General Plan Conformity Finding
April 26, 2004
Page 14
S:\Cdd\PCREPORT\Prospect Village.doc
E.
Resolution No. 3911
Exhibit A: Draft Ordinance No. 1284 with
Map and Planned Community
Regulations
Resolution No. 3912
Resolution No. 3913
Resolution No. 3914
Resolution No. 3915
F.
G.
H.
I.
Zoning
District
~.
ATTACHMENT A
Location Map
LOCATION MAP
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, .. ' BÐNG A SUBOMSJON OF THE E:AST 155' . '£ NOf?lH 162,50' OF BLOCK ,,~ OF TRACT NO, 3, AS SHOWIV ON A MAP RECORO£D
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A TT ACHMENT C
Submitted Plans
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Main Street Elevation ¡South Elevation)
Interior-View from courtyard looking towards commercial/office (North Elevation)
~
COMMERCIAL ELEV A nONS
PROSPECT VILLAGE
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PRODUCT A ELEVATIONS
PROSPECT VILLAGE
PROSPECT VILLAGE
Main Street & Prospect Avenue
Planned Unit Development
ZONING DATA
""""'P""" SUHDA""'"
2°""'" ........nOH, C-2 CEHT!W. COWNDICIAL DISTRICT
CUl.TU...L OVERu.Y DI$JRICT
P"..... OVERlAY DI$JRICT
TOWII C£NT[II DE\'E1.DI'\ [" P"OJE<:T AREA
.... - HEIGHT, ..'
FRONT S[T8ACI(, D'
REAR SUlACIO ,'""", ALL£Y
Off ,rom P-
mAIL 1{200 so, FT,
ornet 1/'" SO. FT.
lIE"AUIWfT I/S SEATS
P""'" PROVIØEO OH...., S OIIDT P""'" 'PAC"
, "'" ""'D' P""" SPA« W/$"'D' ...... ACCE5
2 "AM""" ""'D' P- "'AC"
_!1OHAI. P-'" - AT WA"" Y"""
EXIS11IIG< PooSPtCT A" - YACANT ",.D
PROPOS" 12 .IX" USE ,tSIO<!<CG
lOUT "
,., fU mAL
LOT " ".."'OHAL 15T ¡¡¡¡RETAIL
CA"'" (ToO ....)-
"01(
LOT " """......... 0<""
... SQ. FT.
"SO. FT,
'21 So. FT.
"So. FT.
22 So. FT.
~
1111-105 ...... ".
"""'E<:T AVOIU£
T<m1H. CA.
'" ... UYlND ..... ,.. SO. FT.
... fU 1M... ..... ,.,... so. FT.
JR. fUI LMHQ ..... ".. so. FT.
ToTAL UVlIIG ..... ',128 SQ. FT.
LOY " ....... 2N. ru lMNG ""A - 27 SQ. FT.
".., DnCRFTION'
PAR<:tL II
"'" EAST 155.00 rŒT or TN' ....", """ f[[f Of
ILOCJC 0 or 1!W;T No. S ,AS ..-. .. ...... IlECORII..
II ØOOt( S, PAO[ .. or lIJSC[UAIt'OUS """", IlEC".S
Of 0...... couNTY. """""IA.
UNIT 0
'ST fUI oma¡-
C...... (ToO ....)
O<CK -
1ST ... UY1NQ ......
.... ... IJYIItQ .....
SOO fU UYIHC AREA
TOYAL U~'" AREA
4" SQ. FT.
,.. SQ. FT.
74 So. FT.
". SQ. FT.
I.m SQ. FT.
,.. SQ. "-
I.'" SQ. "-
PARCD. "
THE EAST ,...00 FEET or TN' SOUTH 157." mf OF
ILOCJC 0 or nw:r No. s. AS ..-. .. ...... IlECO....
.. lOOK O. pAt:/[ 4, Of ............r0U5 ......., ,'C....
or ORANGE COUNTY, .....""'...
ToTAL SOUAR' FOOT".'
GAIIA"S-
IMIIG .......
",."
...... SQ. "-
25.'.' So. FT.
..... So. FT.
JI1L.AW:
AI'PRO" "',I" so. FT. <ROSS
APPRO,. '.'59 SQ. FT. ........nOH
APPRo.. 40,110 SD. FT. AI'TtII OtOICATION
JIIIIIWIY:
mAl. ,",n A ... , 0 ..'" So. FT.
RETAIL/"'STAU"'" s.m SQ. FT.
ToTAL RETAIL ..", SQ. FT.
PAno DIN... ... SO. FT.
omer UNIT 0 43' , . ..... SQ. FT.
OFfIc[' ..m so. FT.
TDfAL llmer 7,402 SO'. FT,
. """'_/RETAIL/Dmet AREA CALCU",TtD I"","U""
smJCTUIW. W.IU.S ONLY.
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PROPOStOI "1-1,, ...... STIIŒT - TWo "DRY OFf CE/""".. 8lIIC.
......... ""'AUIWIT ClJ'I.CITY "2 sun.
P1IOSPECf A""'" - 12 .IX.. US, -..
PROPOSE'" Itl-l" .... STREET
- TWo STDRY omΠII\JIU NC,
1~:= ¡~~'::"~,====S,~~ ~~:~:
2ND FLOO' (omCE) "m SQ. n.
roTAL '.182 So. FT.
GAllA", TRASII ENCl.OSURE- 0.. SQ. n.
DECK 111 so. n.
PARKING DATA
VICINITY MAP
.,ú ,J.',/hä/""._"~"",'",'Ü.,C^'ä,'2.""u""..¿'.~.
PROJECT TEAM
LotI"".""""'"
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FLOOtI......."",
"""""" ,.",PIt"" ',S" SQ. FT.
.ND FLOOtI (OffICE) ',822 SQ. n.
P_/- 101 SQ. FT,
YOT"" ""7 so. FT.
','" SQ. FT. COIAI. -,,/72'" . ISS.II'
JmIIE8I
..............,....."
arr or TUSTIN
SDO """"""" WAY
""",,, c.A 121..
J>£J<D.CI!EI¡
Pt1JCA1 CEJIf[JI w:
'5210 8OLSA CIIJC4 ROAD
1Mf7111GT0N """", c.A '2840
Lot"........ AREA
..... APPIIO)(. ",... so. n.
'.Y , - IS ..... "" """'.'FT'" lot SIZE
LOT . - ','" SQ, FT,
LOT . - I,S" SQ. FT.
Lot ""', "'" SQ. n.
LOT S iIIZE, U.. SQ. FT.
LOT ,son. I,S.. SQ. FT.
LOT 7 SIZI. 1.343 SQ. n.
lDT . - '.114 SQ. n.
LOT ,- 1,114 SQ. n.
LOr 10 ~ro 1,114 SQ. n.
lDT 11 SIZE, I,'" SQ. n.
LOr " "'" I,'" SO. n.
LOT IS SlZ[I 1,815 SQ. FT.
1OfAL ..'" 18,22' SO. n.
OR"'" YOT"" ","0 SQ. n.
J!IaIHB¡
"" .......... CÐITt"
'580 ..... I>IIIVt
COSTA ...... c.A '112'
(114) """"0
"""'CT OF "re:D"'"
... ARCHITEtJS . ASSOC"""", INC.
5837 ,. 1TN ST8ŒT
LO>IQ IEA<H. c.A -,
...... ESTM2/8QZDIA JAWQRS Q
("') 434-U" Df. ,.
SUIMYGR I CML ...""",.
",...... ..........., IN<,
,.... V.w.EY "'N A..NIIE
... ........ c.A .....
(114) 52H....
"<on"",.,,., .........,....
N.Rc.AI. ENCI-
"'" """"T mEET
LOS J.WIfQS, C4 'mD
(m) 711-""
............ DESIGN'
""..........CDfTtII
'580 .mo .....
cosrA ..... c.A 8Z8ZI
(114) """220
INDEX OF DRAWINGS
TD' fITlIP""YK:I/ITYIIAI'
AD, SITE ......
.... 1ST . .... "".. PLANS .... A-I, A-" A-'
AD'.I ",."" FLOOtI PLANS ..If A-' (-I
"S ... FLOOII . ROOr ...... UNT A-I, A-" A-S
A.'.I ... fLOOR . ROOr PUN .... A-' (-
.., .-.. REAR ruv.- WIn .-" A-" A-S
::.1 =:~~==:-ï:~~¡
... 1ST . .... FLOOtI PLANS .... "', "', ..,
.., ... FLOD8 . aoor ...... "'" ..,. .... ...
AD1.1 S" FLOOR .. ROOf ....... UI8J 11-1 (END) .
... .-. . .... [UVA- UNIT .-" .-.. O-S
... I8GKf . LÐT ruvA- UNIT '-1, 0-" o-s
"'.1 ...., ruv.nOll UIUT 11-1 ('ND)
m = ~;¡:= ~ FLOOR PLAIt
A" """"""'" IUP.IIINQ ruvAfIOHS
A.. - III"'" ruvATlDNS
AID "",DSc.APIHO.......
"""""" Q[H"",
S...., SQ. FT. on. AWlI2 UtI'" .
',745 So. n. PER UNIT
QU/"
...... SO. n. ("")/',"" SQ. n. UIIf .
- ...., UN" .
NOm
ro" PRE"" Lot AREA tALcuu.fIOHS
sa CIVIL EIIGI"" PWIS.
BUILDING CODE
.. BJiW'ø. U""'" GAR""
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A-3
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GENERAL NOTES
1. DEVELOPER SNW. "f" """ AM ........... WITN "'" em
... A IION--[)(Cl.USIVt """ or SPACES AT "" WA'"
V""" ,,""'" YO ALL COW- USES (I1Π....... WILL
.. n.. N£J "au......., .... '"' ....,. OF SPACES
- ... "" - USES OIl SITE). THERE WILL
"'ED TO" P_NO"""" ""'............... USERS TO
DIRECT Q<MÆRQAL USERS YO TN[$[ SPACES.
,. ."fERIALS USE!! ... "" ..... PAYDIDCT II "" ALLEY,
PIIIUC I.a............... mar, PllDSPE<:T mar, AM.
,"lID STIIŒT ......... "" SAIl[ AS """'f IS UStQ 1M
1M[ D. CAlllNO 5TIIŒ!OC4PE PIIOJ[CT.
S. ALL PUOUC ............." SIW.L .. -TED WITH ""
........., PUIIUC RIGHT OF WAY WITN "" PIIIIÆCT, fit[
DEVELOP WILL IE ........ TO IISTALL 5TIIŒ! F\IIINITIRI[
- wmt OUI - ITIIEmCAP( PIIIIJtCf YO
INCUJ [ ........ - - ..... 5TIIŒ! UDIIf1NO TNAT
~TO""'_or""OUI_"""WITN
- _1I0Il '" 5TIIŒ! PORT"'" AT
"""/I'IIOSPEOT STREETS .... ~/POOSP£CT STREETS AM'
AT THE ALLEY ""IW«:Ø AT ...... mom .......
5TIIŒ! ... 'IÐ8CI.[ .... .......... TIWfIÇ. LOC.A1IOII AND
ALL mom I'URNITIIIIt PER CITY "..........
.. TIlt UDHTINO WILL .. COIISISTEI<f WITN TIlt CII.WCTER or
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ATTACHMENT D
Resolution No. 3910
RESOLUTION NO, 3910
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THE CITY
COUNCIL CERTIFY THE PROSPECT VILLAGE FINAL
ENVIRONMENTAL IMPACT REPORT AS COMPLETE AND
ADEQUA TE PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FOR ZONE CHANGE 03-002
AND TENTATIVE TRACT MAP 16481 AND CERTIFYING THE
PROSPECT VILLAGE FINAL ENVIRONMENTAL IMPACT
REPORT AS COMPLETE AND ADEQUATE PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR DESIGN
REVIEW 03-012, CONDITIONAL USE PERMIT 03-012, AND
FINDING THE DISPOSITION OF PROPERTY OWNED BY THE
TUSTIN REDEVELOPMENT AGENCY IN CONFORMANCE WITH
THE GENERAL PLAN
The Planning Commission of the City of Tustin does hereby resolve as follows:
I.
The Planning Commission finds and determines as follows:
A.
That a proper application for Zone Change 03-002, Tentative Tract Map
16481, Design Review 03-012, Conditional Use Permit 03-012, was
submitted by Prospect Village LP, a California Limited Partnership (formerly
known as Pelican Center LLC), requesting approval to subdivide a 1.036
acre parcel into thirteen (13) numbered lots and one (1) lettered lot for the
purpose of developing an approximately 9,300 square foot commercial
building and twelve (12) live/work units at the northwest corner of Main
Street and Prospect Avenue. In addition, a General Plan Conformity
Finding is required for disposition of property owned by the Tustin
Community Redevelopment Agency. Together, these entitlements are
known as the "project."
B.
The Planning Commission is authorized to certify the Prospect Village Final
Environmental Impact Report (FEIR) as complete and adequate pursuant
to the California Environmental Quality Act for the purpose of approving
Design Review 03-012, Conditional Use Permit 03-012, and finding the
disposition of property in conformance with the Tustin General Plan. The
Planning Commission is authorized to recommend that the City Council
certify the Prospect Village Final Environmental Impact Report (FEIR) as
complete and adequate pursuant to the California Environmental Quality
Act for the purpose of approving Zone Change 03-002 and Tentative Tract
Map 16481.
,~,
Resolution No. 3910
Page 2
C,
D.
E.
Pursuant to the California Environmental Quality Act (CEQA) (Calif. Public
Resources Code Sec. et. seq. 21000) and the State Guidelines, the City of
Tustin has completed the following actions in preparing Prospect Village
Final Environmental Impact report (FEIR):
1.
An Initial Study was prepared to determine whether any aspect of
the project, either individually or cumulatively, would cause a
significant impact on the environment and to narrow the focus or
~cope of the environmental analysis.
2.
On April 17,2003, a Notice of Preparation was filed with the State
Clearinghouse in the Office of Planning and Research, which
circulated the document for review.
3.
On April 22, 2003, a noticed public scoping meeting was conducted
to seek public input regarding the environmental issues raised by
the proposed project and the scope of the EIR.
4.
On January 9, 2004, a Draft Environmental Impact Report (DEIR)
was released for a 45-day public review and comment period. A
copy was also filed with the State Clearinghouse, The DEIR
assessed the significant environmental impacts and set forth
mitigation measures to lessen impacts associated with the project.
The comment period on the DEIR closed on February 23,2004.
In accordance with Section 15132 of the State CEQA Guidelines,
Prospect Village Final Environmental Report consists of the following
items, which are attached hereto as Exhibit A, and incorporated herein by
this reference:
1.
Volume 1 including the Draft EIR, including all appendices and
technical reports thereto; and,
2,
Volume 2 including a list of persons, agencies and organizations,
commenting on Draft EIR; all comments received, responses of the
City to significant environmental points raised in received
comments; and errata.
The FEIR analyzes the potential environmental impacts associated with
the project. The FEIR evaluates the proposed project, which includes the
rezoning of a 1.036 acre property located at the northwest corner of Main
Street and Prospect Avenue from "Central Commercial-Parking Overlay
(C2-P) to "Planned-Community (P-C)", subdivision of the property into
thirteen (13) numbered lots and one (1) lettered lot, and construction of an
approximately 9,300 square foot commercial building and twelve (12)
Resolution No. 3910
Page 3
live/work units. In addition to a "No Project Alternative", the FEIR also
evaluates a range of project alternatives, including the following:
4.
1.
2.
3.
5.
Full Reuse Alternative: The Full Reuse Alternative entails
rehabilitation and reuse of the existing Utt Juice buildings in
accordance with the Secretary's Standards for the Treatment of
Historic Properties with Guidelines for Preserving, Rehabilitating,
Restoring, and Reconstructing Historic Buildings, 1995, Weeks and
Grimmer ("Secretary's Standards and Guidelines"). This
Alternative also entails new construction of retail building addition
on the vacant pad area immediately west of the 191 Main Street
building ("191 Building"). The remaining northerly portion of the site
would be developed with ten (10) live/work units.
Partial Reuse Alternative: This Alternative would rehabilitate and
reuse the 191 Building and partially rehabilitate and reuse the 193,
195 Building (to a depth of sixty) in accordance with the Secretary's
Standards and Guidelines. This Alternative also entails
construction of a new two story building to a depth on the pad area
immediately west of the 191 Building. The remaining northerly
portion of the site would be developed ten (10) residentiallive/work
units.
Partial Reuse (193, 195 Building Only) Alternative: This Alternative
would partially rehabilitate and reuse the front forty five feet of the
193, 195 Buildings in accordance with the Secretary's Standards
and Guidelines. The 191 Building would be demolished. This
Alternative also entails construction of a new two story retail
building on the remaining pad area west of the 193, 195 Building.
Similar to the proposed project, the remaining northerly portion of
the site would be developed with twelve (12) live/work units.
Full Reuse (Existing Zoning) Alternative: The Full Reuse. Under
Existing Zoning Alternative would rehabilitate and reuse the existing
structures in accordance with the Secretary's Standards and
Guidelines, The alternative also entails construction of a new
abutting 2,200 square feet single story retail building on the vacant
site immediately west of the 191 Building. The remaining northerly
portion of the site would be developed with a two-story retail and
professional office building.
Façade Reuse Alternative: This alternative entails rehabilitation and
reuse of all or a portion of the façade of the 193, 195 Building as
may be technically feasible, which would be incorporated into a
.~.
Resolution No. 3910
Page 4
F.
G.
.t
new two story Main Street building. All other project components
would be similar to the proposed project.
A Final Environmental Impact Report (FEIR), including responses to
written public comments was prepared and made available for public
review on April 16, 2004.
On April 26, 2004, public testimony was provided to the Planning
Commission on the FEIR. Prior to approving the proposed action, the
Planning Commission must certify that the FEIR is complete and
adequate;
H,
Section 21081 of the Public Resources Code and Section 15091 of the
State CEQA Guidelines require that the Planning Commission make one or
more of the following findings prior to approving or carrying out a project for
which an EIR has been prepared identifying one or more significant effects
of the project, together with a statement of facts in support of each finding:
1. Changes or alterations have been required in, or incorporated into, the
project which mitigate or avoid the significant effects on the environment.
2, Those changes or alterations are within the responsibility and jurisdiction
of another public agency and have been, or can and should be, adopted
by that other agency.
3. Specific economic, legal, social, technological, or other considerations
make infeasible the mitigation measures or alternatives identified in the
EIR.
I.
State Guidelines Section 15093(b) require that, where the decision of the
Planning Commission allows the occurrence of significant effects which are
identified in an EIR, but are not at least substantially mitigated, the Planning
Commission must state in writing the reasons to support its action based on
the FEIR or other information in the record;
J.
State Guidelines Section 15093(a) requires the Planning Commission to
balance, as applicable, the economic, legal, social, technological, or other
benefits of a proposed project against its unavoidable environmental risks in
determining whether to approve the project; and
K.
A lead agency that makes findings on significant effects in an EIR must also
adopt a program for reporting or monitoring mitigation measures that are
made conditions of project approval. .
V.
VI.
VII.
VIII.
Resolution No. 3910
Page 5
II.
The Planning Commission of the City of Tustin does hereby find and determine that
the Prospect Village FEIR was reviewed and considered by the Planning
Commission before considering approval of the Project and that the FEIR reflects
its independent judgment and analysis.
III.
The Planning Commission of the City of Tustin does hereby find that the project
involves no potential for any adverse effect, either individually or cumulatively, on
wildlife resources and makes a De Minimis Impact Finding related to AB 3158,
Chapter 1706, Statutes of 1990.
IV.
The Planning Commission of the City of Tustin does hereby find that changes have
been required in, or incorporated into, the project that will mitigate or avoid
potentially significant adverse effects related to hazards, short term construction
traffic, and parking identified in the FEIR and that all mitigation measures contained
in the FEIR are adopted and included as conditions of approval of the Project.
The Planning Commission hereby finds that there will be significant effects which,
are identified in an EIR, which will not be substantially mitigated, and sets forth the
Findings of Fact, which includes the reasons to support its action based on the
FEIR or other information in the record, as attached as Exhibit B, and incorporated
herein by this reference;
The Planning Commission hereby finds that the unavoidable significant
environmental effects of the project related to cultural resources and land use are
outweighed by the economic, social, technological, and other benefits of the
project, as set forth in the Statement of Overriding Considerations attached as
Exhibit B, and incorporated herein by this reference.
The Planning Commission of the City of Tustin does hereby adopt a Mitigation
Monitoring Reporting Program is set forth in Exhibit C, incorporated herein by this
reference, which provides a checklist of mitigation measures identified in the
FEIR to monitor the progress of each measure, The following information is
identified for each measure listed in the checklist:
1.
The text of the measure is provided which contains the criteria for mitigation,
either in the form of adherence to certain adopted regulations or
identification of the steps to be taken as mitigation.
2.
The timing of the implementation of the mitigation measures is indicated,
3.
The table lists the appropriate responsible or supervising party or agency to
perform or enforce the mitigation measure or implementation measure.
The Planning Commission of the City of Tustin does hereby find and certify that the
Prospect Village FEIR has been completed in compliance with the requirements of
Resolution No. 3910
Page 6
CEQA and the State Guidelines and certifies the Prospect Village Final
Environmental Impact Report (FEIR) as complete and adequate pursuant to the
California Environmental Quality Act for the purpose of approving Design Review
03-012, Conditional Use Permit 03-012, and a General Plan Conformity Finding
for the disposition of property and does hereby recommend that the City Council
find the Prospect Village Final Environmental Impact Report (FEIR) complete and
adequate pursuant to the California Environmental Quality Act for the purpose of
approving Zone Change 03-002 and Tentative Tract Map 16481.
PASSED AND ADOPTED at a regular meeting of the City of Tustin Planning Commission
held on the 26th day of April, 2004.
JERRY AMANTE
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 3910
Page 7
/~'
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 3910 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 26th day of April 2004.
ELIZABETH A. BINSACK
Planning Commission Secretary
~"
EXHIBIT A OF RESOLUTION NO, 3910
PROSPECT VILLAGE FINAL ENVIRONMENTAL IMPACT REPORT
SEE VOLUMES 1 AND 2 SEPARATELY BOUND
~---
EXHIBIT B OF RESOLUTION NO, 3910
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
/~"
Exhibit B of Planning Commission Resolution No. 3910
Findings of Fact and
Statement of Overriding Considerations
Prospect Village Final Environmental Impact Report
Prospect Village Project
Zone Change 03-002
Tentative Tract Map 16481
Design Review 03-012
Conditional Use Permit 03-012
General Plan Conformity Finding
for Disposition of Property
City of Tustin
300 Centennial Way
Tustin, CA 92780
Prospect Village FEIR
TABLE OF CONTENTS
.~
Section
I,
II.
III,
IV,
V.
VI,
VII,
Pa2e
INTRODUCTION
THE ADMINISTRATIVE RECORD
PURPOSE OF FINDINGS
INCORPORATION OF MITIGATION MEASURES INTO PROJECT DESIGN
FINDINGS CONCERNING SIGNIFICANT UNA VOIDABLE
ADVERSE IMP ACTS
Cultural Resources (Historical Resources)
Land Use
FINDINGS CONCERNING SIGNIFICANT IMP ACTS THAT ARE
REDUCED TO LESS THAN SIGNIFICANT LEVELS BY
MITIGATION MEASURES INCORPORATED INTO THE PROJECT
Cultural Resources (Archaeological Resources)
Hazards
T raffi c/P arking
FINDINGS CONCERNING LESS THAN SIGNIFICANT IMP ACTS
Aesthetics
Air Quality
Hazards
Noise
Traffic
VIII, FINDINGS OF FACT CONCERNING PROJECT ALTERNATIVES
Introduction
Reasonable Range of Alternatives
Summary of Comparison of Alternatives
Project Objectives
IX,
STATEMENT OF OVERRIDING CONSIDERATIONS
Summary of Overriding Considerations
Adoption of Overriding Considerations
Prospect Village FEIR
4
4
5
6
6
/~
7
13
21
34
TABLES
Table
Table I
Table 2
t
Page
Summary Comparison of Land Development and
Buildout Characteristics of Alternatives
32
Key Differentiating Factors Between Alternatives
33
Prospect Village FEIR
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
~-
Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15091, the City of
Tustin Planning Commission based upon its review of the Final Environmental Impact Report
(FEIR), including the comments and responses therein, and all the information and evidence in the
record, hereby makes the Findings of Fact and adopts ofthe Statement of Overriding Considerations
set forth herein:
I,
INTRODUCTION
In accordance with the requirements of CEQA, an Initial Study/Notice of Preparation (NOP) to
prepare an EIR was distributed on April 17, 2003, to regulatory agencies, local jurisdictions, and
public service providers, among others, for a 30-day comment period.
This Final Environmental Impact Report ("FEIR") evaluates the potential environmental effects of
the proposed Prospect Village Project ("Project"), which is located on an approximately one-acre
parcel in the City of Tustin, County of Orange. This EIR has been prepared pursuant to the
California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000
et seq.) and State Guidelines for the implementation of the CEQA (California Code of Regulations,
Title 14, Section 15000 et seq.). The FEIR consists of two volumes entitled "Volume 1, Draft
Environmental Impact Report for Prospect Village Project" and "Volume 2, Responses to Public
Comments."
The FEIR recommends mitigation measures to avoid significant environmental impacts of the
project or reduce them to less than significant levels. Specifically, the FEIR identified mitigation
measures to avoid or reduce Project impacts relating to unknown archaeological resources, hazards,
short term construction traffic and parking impacts to a less than significant level. While feasible
mitigation measures are also identified to reduce Project impacts on historical resources, the FEIR
concludes that this impact would be significant and unavoidable. The FEIR also concludes that
Project impacts relating to Land Use are significant and unavoidable despite implementation the
recommended mitigation measure, -
II.
THE ADMINISTRATIVE RECORD
CONTENTS OF THE RECORD
The following information is incorporated by reference and made part of the record supporting these
findings and the actions taken by City of Tustin Planning Commission in certifying the FEIR and
approving the project:
1.
The FEIR, Draft EIR and all documents relied upon or incorporated by reference in the FEIR
or Draft EIR.
2.
All testimony, documentary evidence and all correspondence submitted to or delivered to the
City in connection with the meetings, workshops, and public hearings at which the Draft EIR
FEIR was considered by the City.
Prospect Village FEIR
Page 4
I
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERA nONS
3.
Any other documents specified by Public Resources Code Section 21167.6(e).
LOCATION OF ADMINISTRATIVE RECORD
The City is the custodian ofthe administrative record, including all CEQA documents and the other
background documents and materials, which constitute the record of the proceedings upon which
City Council decisions to certify the FEIR and approve the project are based. The administrative
record is located at the Tustin Community Development Department at the City of Tustin, 300
Centennial Way, Tustin, CA 92780.
III,
PURPOSE OF FINDINGS
The FEIR, prepared in accordance with the California Environmental Quality Act (CEQA),
evaluates the significant adverse environmental impacts that could result from the project. Section
15091 of the CEQA Guidelines requires that the public agency approving or carrying out the project
shall make written findings for each significant impact identified in the EIR. These findings include
. one of the following:
1.
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as defined in the EIR.
2.
Specific economic, legal, social, technological, or other considerations, including provision
of employment opportunities for highly trained workers, make infeasible the mitigation
measures or project alternatives identified in the final EIR.
These findings accomplish the following:
1.
They address the significant environmental effects identified in the EIR for the approved
project.
2.
They incorporate all mitigation measures associated with these significant impacts identified
in the EIR.
3.
They indicate whether a significant effect is avoided or reduced by the adopted mitigation
measures to a less than significant level, or remain significant and unavoidable, either
because there are no feasible mitigation measures or because, even with implementation of
mitigation measures, a significant impact will occur.
The conclusions presented in these findings are based on the FEIR and other substantial evidence in
the record of proceedings. Each ofthe effects that remain potentially significant and unavoidable is
considered acceptable by the Planning Commission based on a determination that the benefits ofthe
project outweigh the risks of the potentially significant environmental effect, as set forth in the
Statement of Overriding Considerations contained herein.
Prospect Village FEIR
Page 5
I
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERA nONS
IV,
INCORPORATION OF MITIGATION MEASURES INTO PROJECT DESIGN
The mitigation measures identified in the FEIR as feasible and within the City's responsibility and
jurisdiction to implement are hereby incorporated into the design of the project as required by
CEQA. The City shall implement these measures during project implementation.
V,
FINDINGS CONCERNING SIGNIFICANT UNAVOIDABLE ADVERSE IMP ACTS
The FEIR concludes that the project would result in a significant and unavoidable impact on
historical resources and land use. As described below in the findings for the significant and
unavoidable impacts, there are either no feasible mitigation measures or the feasible mitigation
measures would only partially mitigate the impact and the residual effect would remain significant.
As set forth in the Statement of Overriding Considerations herein, the Planning Commission finds
that the impacts to cultural resources and land use are acceptable in light of the projects benefits.
CUL TURAL RESOURCES (FEIR SECTION 3.3)
IMPACT:
SUBSTANTIAL AD VERSE CHANGE IN THE SIGNIFICANCE OF A HISTORICAL
RESOURCE AS DEFINED IN §15064.5
1.
Facts
The Project entails demolition oftwo buildings on-site that were determined to be eligible for listing
in the California Register of Historical Resources. As discussed in Section 3.3. of the Draft EIR, the
Historic Resources Technical Report, Utt Juice Redevelopment Project, dated July 14, 2003
concluded that the 193, 195 E. Main Street Building is a resource of regional significance under
California Register of Historic Resources Criteria 1 (association with significant events or trends), 2
(association with historically important people); and 3 (embodying distinctive characteristics of a
type of construction method). The report also concluded that the 191 E. Main Building is a resource
of local significance under California Register of Historic Resources Criteria 1 (association with
significant events or trends), and 2 (association with historically important people). Therefore, the
proposed demolition of these buildings is considered a significant environmental impact under
CEQA.
This impact can be reduced, but not to a level of insignificance, by adopting a mitigation measure
that requires documentation ofthe buildings to be removed shall be undertaken by the City of Tustin
utilizing the standards of the Historic American Building Survey (HABS), including photo-
documentation and measured drawings of the East Main and Prospect Avenue elevations. These
items, together with the Historical Resource Technical Report, shall be added to the Tustin Area
Historical Society Museum. See Mitigation Measure CR-l on p. 3.3-10 of the Draft EIR.
2,
Finding
Prospect Village FEIR
Page 6
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
This Planning Commission finds this impact to be significant and unavoidable; the measure listed
above is adopted and will reduce this impact but not to a level of insignificance. This impact is
overridden by project benefits as set forth in the statement of overriding considerations.
LAND USE (SECTION 3.5)
IMPACT:
THE PROJECT IS INCONSISTENT WITH THE GENERAL PLAN POLICIES THAT
PROMOTE PRESERVATION AND REHABILITATION OF HISTORIC
RESOURCES
1.
Facts
While the Project is consistent with the majority ofthe General Plan goals, objectives and policies
relating to development of the Old Town, the Project is inconsistent with three policies that promote
restoration and preservation of historically significant structures. The following policies are
described in the Land Use Element of the General Plan and are designed to avoid and minimize a
project's potentially significant impacts on historical resources:
.
Policy 5,3 - Encourage the rehabilitation of existing commercial facades and signage.
Policy 5.5 - Encourage the restoration and rehabilitation of properties eligible for inclusion
on the National Register of Historic Places according to the rehabilitation guidelines and tax
incentives of the National Trust for Historic Preservation,
Policy 6.5 - Preserve historically significant structures and sites, and encourage the
conservation and rehabilitation of older buildings, sites and neighborhoods that contribute to
the City's historic character.
The Project will demolish the historic Utt Juice Buildings. Therefore, contrary to the above
policies, the Project does not entail restoration, rehabilitation or preservation of these historical
resources. The mitigation measures CR-I is intended to reduce Project impacts on these historical
resources. However, this mitigation measure will not reduce the impact to a less than significant
level. For purposes of the above policies, only restoration, rehabilitation or preservation would
reduce Project impacts to a less than significant level. Therefore, similar to the Project cultural
resources impacts, the Project's inconsistency with these General Plan policies, which have been
adopted to avoid and minimize Project impacts on historical resources, is considered significant and
unavoidable.
Finding:
This Planning Commission finds this impact to be significant and unavoidable; the measure listed
above is adopted and will reduce this impact but not to a level of insignificance. This impact is
overridden by project benefits as set forth in the statement of overriding considerations.
VI.
FINDINGS CONCERNING SIGNIFICANT IMP ACTS THAT ARE REDUCED TO A
LESS THAN SIGNIFICANT LEVEL BY MITIGATION MEASURES
INCORPORATED INTO THE PROJECT
Prospect Village FEIR
Page 7
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
CUL TURAL RESOURCES (FEIR SECTION 3.3
IMPACT:
DISTURBANCE OF UNKNOWN BURIED CULTURAL RESOURCES ON SITE.
1.
Facts
,/
Because the project site has been previously disturbed due to excavation, grading, paving and
construction of buildings, the probability of archaeological resources, paleontological resources, or
Native American remains being present is considered low. Nonetheless and to ensure that no
previously undocumented or unknown buried cultural resources on site will be adversely affected by
the project, the Draft EIR recommends Mitigation Measure CR-2, which provides a mechanism
whereby construction work would be halted if buried cultural resources are discovered. The
measure further requires an archaeologist to assess the find and develop appropriate mitigation
measures to ensure the find is not damaged.
2.
Finding
The Planning Commission finds that Mitigation Measure CR-2 is adopted as stated in paragraph IV
ofthe certification resolution. This measure will reduce Project impacts to unknown buried cultural
resources to a less than significant level.
HAZARDS (SECTION 3.4,1 OF FEIR)
IMPACT:
DISPOSAL AND REMOVAL OF ASBESTOS CONTAINING MATERIALS, LEAD
BASED PAINT, AND EXISTING INOPERABLE CLARIFIER
1.
Facts
a.
As discussed in Section 3.4, pages 3.4-5 through 3.4-7 of the Draft EIR, the Phase I
Environmental Site Assessment revealed no evidence of recognized environmental
conditions in connection with the property, except for the presence of a clarifier on-site, the
presence of asbestos containing material (ACM), and lead based paint (LBD) which is
typical of older structures.
The Phase I Report could not determine from the available information whether the clarifier
has been officially closed or abandoned. Information concerning the past use and current
status of the clarifier was similarly not available. In order to reduce the potential for an
unauthorized discharge and depending on the future use of the Property, the Draft EIR
recommends Mitigation Measure H-I, which requires the applicant to abandon or remove the
clarifier in accordance with applicable local, State, and Federal regulations.
The Draft EIR also recommends as a precautionary measures, Mitigation Measure H-2,
which requires the removal of any unknown contaminated soils that could be encountered on
the project site during demolition, site clearance, or construction activities. The removal and
disposal of these hazardous materials would be in accordance with guidelines specified by
Prospect Village FEIR
Page 8
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSlDERA nONS
the applicable local, State, and Federal resources agencies, including but not limited to, the
Department of Toxics Substances Control and federal Environmental Protection Agency
b.
The Phase I Report also disclosed the presence of ACMs on-site, including the following
materials:
.
Approximately 300 square feet of floor texture coat located in the 195 building. It was
difficult to assess the material due to the large amount of dust and debris on the floor.
.
Approximately 20 square feet of 9x9 green vinyl floor tile and mastic exists in the 195
building.
The Phase I Report identified approximately 500 square feet of exterior stucco as decorative inlays
as asbestos containing construction material (ACCM). Thç ACCM should be handled as an ACM;
however, disposal as asbestos waste is not required.
The Draft EIRrecommends implementation of Mitigation Measures H-3 and concludes that this
measure would reduce any potential asbestos impacts to a less than significant level. This measure
provides that if during any future demolition or remodeling activities additional suspect materials are
observed, bulk samples shall be collected of these materials and analyzed for asbestos content. All
suspect materials at the Property are Presumed Asbestos-containing Materials (P ACMs) until the
asbestos content is confinned or denied by analytical testing
c.
The EP A and HUD have defined a LBP at 0.5 percent by weight. The Phase I Report
identified the following paints as containing greater than 0.5% lead:
.
Exterior white paint on the doors and door frames (approximately 300 square feet).
.
Interior white paint on the doors, door frames, windows, and window frames (approximately
300 square feet).
.
Interior cream paint on the walls, doors, and windows in the front portion ofthe 191 building
(approximately 600 square feet).
.
Interior red paint on the walls and doors in the rear portion of the 195 building
(approximately 400 square feet).
According to the Draft EIR, Mitigation Measure H-4 would reduce any lead based paint impact to a
less than significant level. This measure requires the applicant to retain a licensed abatement
contractor to properly remove and dispose ofthe damaged (peeling, flaking) lead-based paint prior
to obtaining a demolition pennit
2.
Finding
Prospect Village FEIR
Page 9
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERA nONS
/-
The Planning Commission finds that the recommended mitigation measures (H-1 through H-4)
relating to the removal of the clarifier on site and potentially contaminated soils, the handling of
asbestos, and the handling of lead based paint are adopted as stated in paragraph IV of the
certification resolution. These measures will mitigate these impacts to a less than significant level.
TRAFFIC (SECTION 3,7 FEIR)
IMPACT: PROJECT CONSTRUCTION ACTIVITY WOULD GENERATE SHORT TERM
TRAFFIC TRIPS
1.
Facts
The Draft ErR discusses short term traffic impacts during construction in Section 3.7 on pages 3.7-7
to 3.7-8. Construction related traffic would be associated with workers arriving and leaving the
project site, and truck and construction vehicle traffic. According to the Draft EIR, Project
generated construction worker trips and haul trips are potentially significant but would be reduced to
a less than significant level with implementation of Mitigation Measure T -1. This measure requires
the developer to prepare a construction staging and parking plan for review and approval by City of
Tustin Public Works prior to issuance of a demolition permit. The developer or contractor must
monitor the implementation and effectiveness of the construction staging and parking plan during
the construction phase ofthe project. The plan will include one or more of the following potential
types oftraffic-related mitigation measures to ensure that temporary disruptions to the adjacent uses
and circulation within the area are minimized:
.
Construction and Employee Parking: As part of the construction staging and parking plan,
the contractor would submit and obtain approval of a construction parking program which
reflects the schedule of construction activities and location of construction-related parking.
Locations of available parking would be identified.
Street Circulation and Parking Measures: The contractor may request and obtain a permit
for any temporary lane closures that may be required for adjacent roadways. The contractor
would utilize flagmen for traffic control to minimize inconvenience and for safety of
vehicles and pedestrians.
Haul Truck Routes, Queue Areas, and Deliveries: The contractor would provide an estimate
of truck volume and schedule. Schedule adjustments would be made to minimize the
volume during peak traffic hours, Areas would be designated by the developer or contractor
for staging of all trucks. All earth-moving and ready-mix trucks would be equipped with
two-way radios. The trucks would follow a City-approved route to the project site, without
unnecessary waiting.
Hours of Excavation Hauling: Heavy truck hauling associated with excavation would be
scheduled to minimize interference with daytime activity in the area. The hours for
excavation hauling would be determined in conjunction with the City as part of the
construction staging and parking plan.
Pedestrian Safety Measures: The contractor would install a construction fence around the
perimeter, complying with City requirements before excavation begins. A flagman would be
available at all times and would be utilized whenever trucks entering or leaving the Project
site may impede the flow of traffic.
.
.
.
.
Prospect Village FEIR
Page 10
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
2.
Findings
The Planning Commission finds that Mitigation Measure T -1, which requires the applicant to
prepare a construction staging and parking plan, is adopted as stated in paragraph IV of the
certification resolution, This measure will mitigate short tenD traffic impacts during construction to
a less than significant level.
IMPACT:
THE PROJECT WOULD INCREASE PARKING DEMAND IN THE AREA.
The Draft EIR addresses parking impacts in Section 3.7 on pages 3.7-11 through 3.7-13. As
discussed in the Draft EIR, the City retained Sasaki Transportation Services to evaluate the Project's
peak parking demand. The Parking Study concluded that the twenty-seven (27) off-street parking
spaces would be adequate to serve the residences and is consistent with the City of Tustin parking
code requirements.
The Parking Study also analyzed the shared use parking needs for the commercial component based
on the different peak hours of operation. According to the Parking Study, the shared parking
demand for the commercial portion of the Project was sixty-two (62) spaces, which would be
satisfied by the use of fifty-nine (59) spaces at the City of Tustin Main Street Water facility ("Water
Facility") parking lot and three (3) on-site spaces. The Water facility parking lot is located across
Prospect Avenue, immediately east ofthe Project site. The three additional spaces are provided on-
site, immediately west of and adjacent to the E, Main Street building. The analysis was based on the
ITE "Shared Parking Planning Guidelines."
The Parking Study concluded that the Project's proposed mix of commercial uses (retail, office, and
restaurant) would be conducive to a shared parking arrangement. According to the study, the peak
parking demands for office, retail, and restaurant uses occur at different times of the day. For
example, the office parking peaks occur during the day on week days, while the retail peak is on the
weekend. Restaurants are typically busy on Friday and Saturday evenings when retail and office
uses are not at their peaks.
In order to satisfy the City's shared use requirements, the developer must enter into an agreement
. with the City of Tustin to use the Water Facility parking lot. In conjunction with consideration of
project entitlements, the City of Tustin City Council shall consider an Off-Site Parking Agreement
for the provision of fifty-nine (59) parking spaces at the City's Main Street Water facility. If, for
some reason, the City Council rejected such an agreement, Project parking impacts would be
significant unless the City authorized some alternative arrangement. The Draft EIR recommended
Mitigation Measure T-2 to reduce the Project's potential parking impact to a less than significant
level. This measure states that if the City Council does not approve the Off-Site Parking Agreement,
the applicant must present an alternative shared use agreement to the City for review and approval
prior to issuance of a demolition pennit. If the City does not approve an alternative shared use
agreement, the Project shall not proceed,
Prospect Village FEIR
Page 11
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
2.
Finding
The Planning Commission finds that the Mitigation Measure T -2, which requires that the City
Council to approve an off site parking agreement or some alternative shared use agreement for the
project to proceed, is adopted as stated in paragraph IV ofthe certification resolution. This measure
will mitigate parking impacts to a less than significant level.
IMPACT:
DISPOSAL AND REMOVAL OF ASBESTOS CONTAINING MATERIALS, LEAD
BASED PAINT, AND EXISTING INOPERABLE CLARIFIER
The Phase I Environmental Site Assessment revealed no evidence of recognized environmental
conditions in connection with the property, except for the presence of a clarifier on-site, the presence
of asbestos containing material (ACM), and lead based paint (LBD) which is typical of older
structures. A clarifier is a tank that is used to treat water, whereby solid particles suspended in the
water agglomerate and settle at the bottom of the tank. The solids resulting from the settling are
removed as sludge.
The Phase ¡Report could not determine from the available information whether the clarifier has
been officially closed or abandoned. Information concerning the past use and CUITent status of the
clarifier was similarly not available. In order to reduce the potential for an unauthorized discharge
and depending on the future use of the Property, the clarifier would be abandoned or removed in
accordance with applicable local, State, and Federal regulations as required by mitigation measure
B-1.
The Phase I Report also disclosed the presence of ACMs on-site, induding the following materials:
.
Approximately 300 square feet of floor texture coat located in the 195 building. It was
difficult to assess the material due to the large amount of dust and debris on the floor.
.
Approximately 20 square feet of 9x9 green vinyl floor tile and mastic exists in the 195
building,
The Phase I Report identified approximately 500 square feet of exterior stucco as decorative inlays
as asbestos containing construction material (ACCM). The ACCM should be handled as an ACM;
however, disposal as asbestos waste is not required.
The EP A and BUD have defined a LBP at 0.5 percent by weight. The Phase I Report identified the
following paints as containing greater than 0.5% lead:
.
Exterior white paint on the doors and door frames (approximately 300 square feet).
.
Interior white paint on the doors, door frames, windows, and window frames (approximately
300 square feet).
.
Interior cream paint on the walls, doors, and windows in the front portion ofthe 191 building
(approximately 600 square feet).
Prospect Village FEIR
Page 12
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
.
Interior red paint on the walls and doors in the rear portion of the 195 building
(approximately 400 square feet).
Any potential hazards impacts resulting from the environmental conditions described above can be
reduced to a level of insignificance with implementation of the recommended mitigation measures
described below.
Mitigation Measures
H-1
The applicant shall remove the clarifier on-site in accordance with applicable local,
State, and Federal regulations prior to obtaining a grading permit.
VII,
FINDINGS CONCERNING LESS THAN SIGNIFICANT IMP ACTS
AESTHETICS (FEIR SECTION 3.1)
IMPACT:
VISUAL IMPACT
1.
Facts
The Draft EIR analyzes the Project's visual impact in Section 3.1 on pages 3.1-13 through 3.1-15.
As discussed in the Draft EIR, while the Project would increase the height and bulk the existing
structures and would be taller than some of the surrounding structures, due to the proposed three
story live/work units, these design characteristic would not "degrade" the existing visual character of
the site or its surroundings. The intent of the Project design is to retain the historic look and feel of
the existing buildings with references to the unique VictorianlMain Street architectural character that
currently exists in the vicinity of the Project site. To ensure that the Project compliments the
surrounding area, the buildings would be characterized by details and colors similar to the existing
buildings at 191-195 East Main Street.
2.
Finding
The Planning Commission finds the Project impacts on visual quality would be less than significant
based on the analysis contained in Section 3.1 of the Draft EIR and in light of the whole record.
IMPACT:
LIGHT AND GLARE
1.
Facts
The project site is currently vacant and no light is generated on the site. While the project would
increase the ambient light in the area, the incremental increase is not considered a new source of
substantial light and glare. Given the relatively small scale of the project and the fact that the
project site is within an urban area that currently generates ambient light, Project impacts relating to
light and glare are considered less than significant.
2,
Findings
Prospect Village FEIR
Page 13
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
The Planning Commission finds the Project impacts on light and glare would be less than significant
based on the analysis contained in Section 3.1 of the Draft EIR and in light of the whole record.
CUMULA TIVE IMPACTS:
1.
Facts
The project development will incrementally contribute to changes in the aesthetic quality of the Old
Town area. However, the changes are considered less than significant due to the City's stringent
design review and cultural resources review process.
2.
Findings
The Planning Commission finds the Project's cumulative aesthetic impact would be less than
significant based on the analysis contained in Section 3.1 ofthe Draft EIR and in light of the whole
record.
AIR QUALITY (FEIR SECTION 3,2)
IMPACT:
SHORT- TERM CONSTRUCTION EMISSIONS AND LONG- TERM OPERATIONAL
EMISSIONS
1.
Facts
As reflected in Table 3.2-5 of the Draft EIR above, the Project's estimated construction emissions
would be below the AQMD's significance thresholds. Therefore, Project construction activity
would have a less than significant air quality impact. As shown on Table 3.2-7, project air quality
emissions once operational are similarly insignificant. The Project's projected stationary and mobile
source emissions would not exceed the AQMD's significance thresholds.
2.
Finding
The Planning Commission finds the Project's cumulative aesthetic impact would be less than
significant based on the analysis contained in Section 3.1 ofthe Draft EIR and in light ofthe whole
record.
CUMULATIVE IMPACTS
1.
Facts
As documented on pages 3.2-10 and 3.2-11, the Project will have a less than significant cumulative
air quality impacts. Giving the timing of each of the cumulative projects, Project construction
emissions would not be cumulatively significant.
Prospect Village FEIR
Page 14
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
From an operational standpoint, all three projects combined with the Project will increase vehicular
and stationary source emissions in the region. However, as described above, Project operational
emissions, which include vehicle emissions, are well below the AQMD significance thresholds. The
Project operational emissions combined with the other projects are not considered cumulatively
significant and no mitigation is required.
2. Findings
The Planning Commission finds the Project's cumulative air qulaity impact would be less than
significant based on the analysis contained in Section 3.2 of the Draft EIR and in light of the whole
record.
CULTURAL RESOURCES (FEIR SECTION 3.3)
CUMULA TIVE IMPACTS:
1.
Facts
While the Project will have a significant and unavoidable direct impact on two historical resources
within the Old Town commercial area, none of the other current projects in Old Town Tustin will
have an adverse impact on historical resources. In addition, while there may be other projects within
the Old Town commercial area at some point in the future, no other projects are currently planned or
proposed that would affect any historical resources in Old Town.
2,
Findings
The Planning Commission finds the Project's cumulative cultural resources impact would be less
than significant based on the analysis contained in Section 3.3 of the Draft EIR and in light of the
whole record.
HAZARDS (SECTION 3.4 OF FEIR)
IMPACT:
LAND USES THAT ROUTINELY USE NON-HAZARDOUS JANITORIAL SUPPLIES
AND CLEANING RELATED MATERIALS
1.
Facts
The project entails a combination of commercial, office, restaurant, and residential uses, which do
not involve the routine transport, storage, use, or disposal of hazardous materials. Any hazardous
materials used by future occupants of the proposed uses would generally be limited to those
associated with janitorial, maintenance, and repair activities, such as commercial cleansers,
lubricants, paints, etc. The transport, storage, use, and disposal ofthese materials would be subject
to Federal, State, and local health and safety requirements.
Based on the anticipated nature and use of hazardous materials at the project, as described above,
there are no reasonably foreseeable upset and accident conditions that would create a significant
hazard to the public due to the release of hazardous materials, In the unlikely event of such an
Prospect Village FEIR
Page 15
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERA nONS
occurrence, State law requires prompt reporting to local and State agencies to ensure the public
health and safety would not be jeopardized. No significant impacts related to release of hazardous
materials from upset and accident conditions are anticipated to occur.
2.
Finding
The Planning Commission finds the Project would have a less than significant impact relating to the
possible release or upset of hazardous materials on site based on the analysis contained in Section
3.4 of the Draft EIR and in light of the whole record.
IMPACT:
USE OF HAZARDOUS MATERIALS DURING CONSTRUCTION
1.
Facts
Project grading and construction would be short-term in nature and would be subject to Federal,
State, and local health and safety requirements relating to storage, use, and disposal of hazardous
materials. No significant impacts related to this issue area are expected to occur during project
construction.
2.
Finding
The Planning Commission finds the Project's short term use of limited quantities of construction
equipment related fluids would be a less than significant hazards impact based on the analysis
contained in Section 3.4 of the Draft EIR and in light of the whole record.
CUMULA TIVE IMPACTS:
1.
Facts
The Project requires the limited transportation of demolition materials that contain asbestos and
lead- based paint during construction activity. All transportation and storage of these materials will
be handled in accordance with Federal, State, and local regulations. Therefore, Project impacts are
considered less than significant. Aside from this limited and common remediation activity, the
Project does not involve the storage, use, or transport of any other hazardous materials or other
substances, nor does any environmental condition exist on the Project site that would be exacerbated
by Project construction or operation. Therefore, even assuming that there is currently a cumulative
hazards and hazardous materials impact, the Project does not create any impact that would be
cumulatively considerable. Because the Project does not result in any hazards and hazardous
materials impacts, the Project would not create any potential cumulative impact on the environment.
2.
Finding
The Planning Commission finds the Project would have a less than significant cumulative hazards
impact based on the analysis contained in Section 3.4 of the Draft EIR and in light of the whole
record.
Page 16
Prospect Village FEIR
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
LAND USE (SECTION 3.5)
IMPACT:
THE PROJECT REQUIRES A REZONE FROM "C-2" OR "CENTRAL
COMMERCIAL" TO "PLANNED COMMUNITY" TO ACCOMMODATE THE
RESIDENTIAL COMPONENT OF THE PROPOSED LIVE/WORK UNITS.
1.
Facts
The approximately one-acre Project site is currently designated "Old Town Commercial" in the
City's General Plan and zoned "C-2" or "Central Commercial District." The "C-2" designation
allows primarily commercial uses, including retail uses, and professional and general office uses
provided certain requirements are satisfied. Residential uses are not currently permitted or
conditionally permitted within this zone. Implementation of the Project requires a rezone to
accommodate the twelve (12) proposed live/work units behind the proposed commercial retail/office
building. The Project site would be rezoned from its underlying "C-2" zoning and overlay zones to
Planned Community ("P-C").
In conjunction with the proposed rezone, "Prospect Village Planned Community District
Regulations" is hereby adopted. The proposed "Prospect Village Planned Community District
Regulations" divide the Project site into two planning areas. Planning Area A is identified as
"commercial" and includes an approximately 9,300 square foot area of commercial and office
related uses. Planning Area B is approximately 32,900 square feet and is identified as "Live/Work."
Six of the twelve live/work units are planned to accommodate 913 square feet of retail space for a
total of5,478 square feet of retail. The remaining six units are planned to include 431 square feet of
either commercial or retail uses for a total of2,586 square feet. Therefore, while the property will be
rezoned "Planned Community" the Project would retain approximately 17,000 square feet of
commercial retail and office space. Moreover, the permitted and conditionally permitted uses in
these spaces are either identical to or similar to the uses allowed under the Project site's existing "C-
2" zoning.
The Project also includes a considerable amount of commercial retail and office uses that are
identical or similar to the uses contemplated under the existing C-2 zoning designation. The mixed
use nature of the Project would be consistent with the General Plan's vision for the Old Town
Commercial area. The City of Tustin General Plan specifically contemplates an increase in
residential uses in the Old Town area, thus acknowledging the compatibility of such uses with other
existing uses in Old Town. Policy 10.2 of the Land Use Element provides "review and consider the
possible development of residential uses in the Old Town area both as individual residential projects
and integrated aboveground floor retail and office uses." This is precisely the type of residential
product contemplated here. In addition, the General Plan's discussion of the "Old Town
Commercial" area specifically states that "uses (such as residenti~l uses) which support this land use
may be permitted subject to the discretion of the City." Therefore, even though the Project would
require a rezone, the Draft ERI concludes that this would not be a significant land use impact..
2.
Finding
Prospect Village FEIR
Page 17
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
The Planning Commission finds the Project's impact on land use due to the need for a rezone would
be less than significant based on the analysis contained in Section 3.5 ofthe Draft EIR and in light of
the whole record.
CUMULATIVE IMPACTS:
1.
Facts
The only potentially significant land use impact of the Project is its inconsistency with the
preservation policies ofthe City's General Plan. However, none of the cumulative projects listed in
FEIR (Page 2-15) required the demolition or alteration of any historical resources. Therefore, there
would be no cumulative loss of historical resources or cumulative project inconsistency with the
historical resource preservation policies of the City's General Plàn.
2.
Finding
The Planning Commission finds the Project would have a less than significant cumulative land use
impact based on the analysis contained in Section 3.5 of the Draft EIR and in light of the whole
record.
NOISE (SECTION 3,6)
IMPACT:
SHORT-TERM CONSTRUCTION NOISE IMPACTS
1.
Facts
Land uses near the Project site include primarily commercial and institutional uses with some
limited residential north of the Project site along Prospect Avenue, at the northeast comer of Third
Avenue and Prospect Avenue, and east of the Project site along Third Avenue. During construction,
it is anticipated that land uses in the vicinity of the construction area would be exposed to noise
generated by various pieces of construction and demolition equipment operating within the project
site.. As discussed in Section 3.6 of the Draft EIR, temporary noise levels adjacent to the
construction area could be 72 to 93 dBA depending on the distance the receptor is from the source of
noise. However, construction noise impacts during the loudest construction phases, including
demolition, grading, and utilities installation would be temporary, lasting only approximately two to
three months. Due to the temporary nature of the loudest phases of construction activity and the
Noise Ordinance requirements which restrict construction activity to the least noise sensitive
daylight hours, Project construction noise impacts are considered less than significant impacts.
2
Findings
The Planning Commission finds the Project would have a less than significant short term
construction noise impact based on the analysis contained in Section 3.6 of the Draft EIR and in
light of the whole record.
Prospect Village FEIR
Page 18
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
IMPACT: PERIODIC INCREASE IN AMBIENT NOISE LEVELS DURING OUTDOOR PATIO
DINING AND OUTDOOR ENTERTAINING ON RESIDENTIAL DECKs.
1.
Facts
The Project includes a 593 square foot outdoor dining area that will be located along East Main
Street. During the hours of restaurant operation people eating outdoors could periodically increase
ambient noise levels. However, any increase in noise levels would largely impact the other non-
noise sensitive uses, such as the commercial and office uses that currently exist on either side of East
Main Street. As discussed above, noise sensitive residential land uses are located north and
northeast of the Project site. However, these residential uses would be unaffected by the outdoor
dining area which faces E. Main Street. The live/work units located behind the new commercial
retail office building would function as a noise buffer between the restaurant and the residential uses
located north and north east ofthe Project site. Therefore, any potential increase in ambient noise
levels from the restaurant would be less than significant.
In addition to the outdoor dining area, each of the twelve (12) proposed live/works unit would have a
small approximately 80 square foot outdoor deck overlooking either Prospect Avenue or new
Prospect Lane (currently a public alley). While a certain level of noise may be generated by one or
more people standing on these decks, due to the small size of the balcony, the amount of people on
the deck at any given time would be limited and any corresponding noise level would be less than
significant.
2.
Finding
The Planning Commission finds that noise generated by the proposed outdoor dining area of the
restaurant and the residential balconies would be less than significant based on the analysis
contained in Section 3.6 of the Draft EIR and in light of the whole record.
IMPACT: THE PROJECT WOULD GENERATE ADDITIONAL TRAFFIC TRIPS THAT
WOULD INCREASE AMBIENT NOISE LEVELS,
1.
Facts
Currently, Prospect Avenue (between Main & First St.) experiences a daily traffic volume of
approximately 4, I 00 trips per day, while E. Main Street between Newport and EI Camino Real
experiences about 9,000 trips per day. The project would result in a six percent (6%) increase in
traffic trips along Prospect Avenue, which is negligible and would not substantially increase
permanent ambient noise levels.
A noise level of 60 dB CNEL is considered an acceptable exterior residential noise level. Therefore,
while Project generated traffic would increase ambient noise levels in the area, these increases fall
within the acceptable range and are therefore considered less than significant.
2.
Findings
Prospect Village FEIR
Page 19
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
The Planning Commission finds the Project would have a less than significant traffic noise impact
based on the analysis contained in Section 3.6 of the Draft EIR and in light of the whole record.
CUMULA TIVE IMPACTS:
1.
Facts
According to Section 3.6 of the Draft EIR, the proposed project in conjunction with other past,
present, and reasonably foreseeable future projects would have a less than significant short-term
cumulative construction and operational noise impact. Each of the three (3) projects identified in
section 2.5 of the EIR are far enough from the project site that cumulative construction noise
levels would not be significant. In addition, construction activity at each of the Project sites
would be staggered. Similarly, the project would have a less than significant cumulative
operational noise impact. .
2.
Finding
The Planning Commission finds the Project would have a less than significant cumulative noise
impact based on the analysis con1ained in Section 3.6 of the Draft EIR and in light of the whole
record.
TRAFFIC (SECTION 3.7)
IMPACT:
ONCE OPERATIONAL, THE PROJECT WOULD GENERATE 600 TRAFFIC TRIPS
THAT WOULD BE DISTRIBUTED TO THE SURROUNDING ROADWAYS AND
INTERSECTIONS.
1.
Facts
According to the Draft EIR, which is based on the Prospect Village Traffic Impact Analysis, dated
December 12, 2003 and prepared by Sasaki Transportation Services, the project would generate
approximately 600 traffic trips per day at build-out, including 23 inbound and 15 outbound trips
during the A.M. peak hour and 24 inbound and 26 outbound in the P.M. peak. The Traffic study
prepared for the project analyzed whether Project generated traffic would have a significant impact
on the roadways and intersections within the study area. As demonstrated on Pages 3.7-8 and 3.7-9
of Draft EIR and in the Traffic Study, the Project would not have a significant impact on roadway or
intersection operation. With the addition of Project traffic, each roadway in the study area would
operate at an acceptable LOS D or better.
2.
Finding
The Planning Commission finds the Project would have a less than significant operational traffic
impact based on the analysis contained in Section 3,7 of the Draft EIR, the Traffic Study and in light
of the whole record.
-CUMULA TIVE IMPACTS:
Prospect Village FEIR
Page 20
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
1.
Facts
The Traffic Study analyzed potential traffic impacts with and without the Project. The Traffic Study
first determined future traffic conditions without the Project, which was based on cumulative traffic
forecasts that were performed in conjunction with the environmental studies for the MCAS Tustin
Disposal and Reuse Plan. The Traffic Study also added a one percent growth factor through the year
2020. Project traffic was then added to the "without" project conditions and impacts were assessed
accordingly. The Traffic Study concluded that Project traffic when combined with future traffic
forecasts for the area would not result in any significant impacts on intersections and roadways
within the study area.
The Project would also not create any significant cumulative parking impact in conjunction with the
other related projects identified in the FEIR (Page 2-15). With respect to each of these projects, the
City determined that the City's off-street parking requirements had been satisfied.
2.
Finding
The Planning Commission finds the Project would have a less than significant cumulative traffic
impact based on the analysis contained in Section 3.7 of the Draft EIR, the Traffic Study, and in
light of the whole record,
VIII. FINDINGS OF FACT CONCERNING PROJECT AL TERNA TIVES
Because the Project will cause unavoidable significant environmental effects, the City must consider
the feasibility of any environmentally superior alternative to the proposed project. As discussed in
the Draft EIR, the Project would have potentially significant impacts relating to historical resources
and land use.
The objectives for the proposed Prospect Village project are generally based on those in the City of
Tustin General Plan, Housing Element and Town Center Redevelopment Plan, as discussed in
Section 4.2 of the FErR, and are as follows:
.
To develop the vacant and underutilized site within the next 2 to 3 years to capitalize on the
current favorable private development financing conditions for mixed-use projects;
To eliminate delay and uncertainties regarding future development of the site;
To stimulate private investment and demonstrate economic viability in the Old Town
commercial area.
To increase the amount of specialty retailing and commercial development in the core ofthe
Old Town commercial area in order to enhance its urban character and bolster the
commercial area's revitalization and long-term economic viability;
To expand the niche market character of the Old Town commercial area by providing a
balanced and complementary mix of new retail and commercial uses;
To increase the number of residential units in the Town Center Redevelopment Project Area,
while reflecting a high-quality urban character;
.
.
.
.
.
Prospect Village FEIR
Page 21
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERA TrONS
.
To develop ground floor specialty retailing configurations consistent with current market
condition requirements;
To provide a minimum 3,000 square foot high-quality restaurant along with outdoor patio
dining to enliven the pedestrian environment along Main Street in the Old Town commercial
area;
To create a financially viable commercial mixed-used development with minimum public
subsidy;
To create construction jobs and permanent jobs in the Town Center Redevelopment Project
Area;
To increase the property tax increment and sales tax revenues in the Project Area, which will
be earmarked for ongoing economic development activities in the Old Town commercial
area including business retention and outreach programs, façade improvement programs, and
community facility projects; and,
To achieve the Old Town commercial area redevelopment goals and objectives of the City's
General Plan and the Town Center Redevelopment Plan.
.
.
.
.
.
The project obj ectives are consistent with the Redevelopment Plan's goals, objectives, and proposed
activities to assist in eliminating conditions of physical and economic blight identified in the
Redevelopment Plan for the Town Center Area Redevelopment Project and further the City's goals
for the development of a viable Old Town Commercial district
A primary purpose ofthe Redevelopment Plan for the Town Center Area Redevelopment Project is
to eliminate and prevent the spread of blight and deterioration in the Project Area. To eliminate and
prevent the spread of blight and deterioration, the Redevelopment Plan identified activities proposed
by the Agency to include the following:
1. Providing for participation by owners and residents presently located in the Project Area;
2. Rehabilitation of structures and improvements by present owners, their successors, or the
Agency;
3. Redevelopment ofland by private enterprise or public agencies for uses in accordance with
the plan;
4. Installation, construction, or reconstruction of streets, utilities, and other public
improvements;
5. Acquisition of certain real property for public improvements or to help expedite private
development;
6. Relocation assistance to displaced residential and non-residential occupants should the need
arise;
7. Demolition or removal of certain buildings and improvements;
8. Management of any property acquired under the ownership and control ofthe Agency; and
9, Disposition of any property acquired by the Agency for uses in accordance with the Plan.
The goal for the Old Town commercial area is to create a sustainable and competitive 24-hour
district that will serve a broad segment of the City's business and residential population.
Development of a compact eight-block commercial-retail core at the heart of the Old Town
commercial area would serve as the primary specialty retail area. The project's development
programming and design approach is consistent with the recommendations in the "Visions of Old
Prospect Village FEIR
Page 22
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERA TrONS
Town," a planning study that was prepared in 1991 and coordinated by the Regional/Urban Design
Assistance Team (R/UDA T) through the American Institute of Architects (AlA). As described in
the R/UDA T study, the commercial-retail core needs to be filled with new restaurants, retail stores,
and offices that will introduce a mix of commercial activities which will be competitive with the
surrounding strip commercial centers located along Newport Avenue. It is important to long-term
economic viability of the Old Town commercial area to re-establish the area in the near future as the
"town center" for the City of Tustin by intensifying private commercial retail development and
providing a viable alternative to the traditional neighborhood strip centers and community shopping
centers found on nearby Newport Avenue and other areas of the City.
ALTERNATIVES CONSIDERED, BUT ELIMINATED FROM FURTHER CONSIDERATION
CEQA provides that an EIR should identify any alternatives that the lead agency considered but
rejected as infeasible during the scoping process and briefly explain the reasons underlying the lead
agency's determination.! Among the factors that may be used to eliminate alternatives from
detailed consideration in an EIR are: (!) failure to meet most ofthe basic objectives, (2) infeasibility,
or (3) inability to avoid significant environmental effects.2 Consistent with this requirement, this
section identifies three (3) alternatives that the City of Tustin considered, but rejected as infeasible
during the scoping process, and provides a brief explanation of the reasons for their exclusion.
El Camino Real/6th Street Site Alternative
This alternative site is approximately 1.7-acres and is located in the Old Town Commercial area at
El Camino,Real and 6th Street. The alternative site is a portion of a larger 4-acre subdivision. Over
the past five (5) years, the Agency has referred several private developers, who expressed an interest
in developing the site, to the property owners.3 However, in each case, the property owners failed to
engage the developers in any level of meaningful negotiations. Instead, the property owners sought
to develop the site in accordance with their own investment objectives. Because the Agency does
not own the alternative site and based on the historic recalcitrance of the property owners to sell the
site, the Agency has determined that it is not feasible to pursue redevelopment of this site.
Moreover, this alternative would not meet several ofthe most basic project objectives including the
need to develop a mixed use project within the next two to three years and to eliminate delay and
uncertainty regarding future development of the site. Pursuing and ultimately developing this site
against the wishes of the property owner would take far longer than the two (2) to three (3) year
redevelopment period and substantially increase the uncertainty of a redevelopment project. The
timing of the project is critical in light ofthe favorable financing and market conditions, which could
worsen over time. Based on past experiences with the property owner, pursuing this site and
negotiating an acceptable agreement would be difficult and time consuming.
W. First St. Site Alternative
1 14 Cal. Code Regs §15126.6(c)
2 Ibid.
3 These developers included: Warmington Homes (developer of the 38 single family homes at Ambrose Lane
located across Sixth Street); the Olson Company (one of the nation's largest residential infill developers); CIM
Group (a highly experienced retail/residential mixed-use infill developer); and Pacific Gulf Development (a large-
scale senior citizen and multifamily rental housing developer).
Prospect Village FEIR
Page 23
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
This alternative site is approximately 1.2 acres and is located at 137 W. First Street. This alternative
site is located outside the Old Town Commercial area and outside .the Town Center Redevelopment
Project Area. Due to its location outside the Old Town commercial area and the Town Center
Redevelopment Project Area, the site would not meet the most basic project objective, which is to
revitalize Old Town with a mixed use commercial/residential project. In addition, this alternative
site is a less attractive redevelopment option because the site has a limited amount of retail window
frontage on First Street. Thus, the ability to find viable retail tenants would be jeopardized. Finally,
the Agency would have to acquire this site from the current property owner, which, like the above
alternative site, would take far longer than the two (2) to three (3) year development period
identified in the project objectives.
Relocating the Utt Juice Buildings
The Agency also considered relocating the existing structures to an undeveloped site in the Old
Town Commercial Area. This alternative was rejected as infeasible for several reasons. First,
transporting the masonry structures, which are constructed on concrete slab foundations, without
significantly damaging the structures, would be difficult. Second, assuming the structure were not
significantly damaged during transit, relocating the structures to another part of Old Town would not
necessarily substantially lessen or avoid the Project's significant impact on historic resources. The
Historic Resources Technical Report in Appendix C of the EIR noted the historical significance of
these structures at their existing location:
"The UTT Juice Buildings also derive significance because of their location at a
prominent corner of Old Town Tustin. In fact, the Buildings provide an
"introduction" to Old Town as the first of its historic buildings one encounters when
traveling west on Main Street. Their elimination... would significantly affect the
visitor's initial historic view of Old Town." 4
Therefore, relocating the structure would not reduce the Project's significant and unavoidable impact
on historical resources.
RANGE OF AL TERNA TIVES AND REASONING FOR SELECTION OF AL TERNA TIVES
The EISIEIR analyzed a reasonable range of alternatives by identifying alternatives that could
potentially attain the project objectives while avoiding or substantially lessening the significant
effects ofthe proposed project. As documented in the EIR, the Project would have a significant and
unavoidable direct impact on historical resources and would be inconsistent with General Plan
policies that promote rehabilitation and reuse of historical structures. Therefore, the City developed
a range of Project alternatives that focus on varying levels of rehabilitation and reuse ofthe existing
structures in accordance with the Secretary's Standards for the Treatment of Historic Properties
with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings,
1995, Weeks and Grimmer ("Secretary's Standards and Guidelines"). The Secretary's Standards
and Guidelines provide, among other things, that construction of adjacent buildings or additions to
4 Historic Resources Technical Report at p. 11
Prospect Village FEIR
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
the existing structures should: (a) be limited in size and scale in relationship to the existing structure,
(b) be located at or on non-character-defining building elevations of the existing structures, and (c)
avoid rooftop additions which would not be set back from the wall plane of the existing structures.
PROJECT AL TERNA TIVES
Six (6) Project alternatives, including a "No Project" alternative and five (5) Project alternatives
were evaluated, as listed below.
1.
Full Reuse Alternative: This alternative would rehabilitate and reuse the existing historic
buildings, construct a new retail structure on E. Main St., and construct ten (10) live/work
units;
2.
Partial Reuse Alternative: This alternative would rehabilitate and reuse the existing
structures, except for the rear portion of the 193, 195 Building, which would be demolished.
This alternative also includes a new retail building on E. Main St., and ten (10) live/work
units;
Partial Reuse (193, 195 Building Only) Alternative: This alternative entails rehabilitation
and reuse of a portion of the 193, 195 Building, demolition of the 191 building and
construction of a new retail building on E. Main Street and twelve (12) live/work units.
3.
4.
Full Reuse (Existing Zoning) Alternative: This alternative entails rehabilitation and reuse of
the existing historic buildings and development of the remaining portions of the site in
accordance with the existing C-2 zoning designation.
5.
Façade Reuse Alternative: This alternative entails rehabilitation and reuse of only the
façade ofthe 193, 195 Building, construction of a new two story retail/office building on E.
Main Street and twelve (12) live/work units.
FINDINGS
The Planning Commission finds that the "No Project" Alternative is infeasible within the meaning of
PRC § 21081(a) (3), due to economic, legal, social, technological, environmental, or other
considerations as follows:
1.
The No Project Alternative would fail to meet the objective of providing for near term
implementation of development on the Project site since no activity would take place and the
existing buildings are unsafe to occupy and likely to remain vacant for the foreseeable future.
2.
The No Project Alternative would fail to meet the objective of intensifying and expanding
commercial development and specialty retailing in the Old Town commercial area since no
activity would take place and the existing buildings on the site are unsafe to occupy and
likely to remain vacant for the foreseeable future.
Prospect Village FEIR
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
3.
The No Project Alternative would fail to meet the objective of creating a balanced and
complementary mix of retail and commercial uses since no activity would take place and the
existing buildings on the site are unsafe to occupy and likely to remain vacant for the
foreseeable future.
4.
The No Project Altèrnative would fail to meet the objective of adding additional residential
units since no activity would take place and the existing buildings are unsafe to occupy and
likely to remain vacant for the foreseeable future. In addition, the existing zoning does not
pennit residential uses nor would the existing buildings accommodate residential uses.
5.
The No Project Alternative would fail to meet the objective of providing ground floor
specialty retailing depths of 45 feet consistent with current market conditions and
recommendations since no activity would take place and the existing buildings are unsafe to
occupy and likely to remain vacant for the foreseeable future.
6.
The No Project Alternative would fail to meet the objective of providing a minimum 3,000
square foot restaurant use since no activity would take place and the existing buildings are
unsafe to occupy and likely to remain vacant for the foreseeable future.
7.
The No Project Alternative would fail to meet the objective of creating a financially viable
mixed use development with a minimum public subsidy since no development would occur.
8.
The No Project Alternative would fail to meet the objective of creating increased property
tax increment in the Project Area to assist in funding economic development activities in the
Old Town commercial area since no development would occur.
9.
The No Project Alternative would fail to meet the objective of creating employment
associated with construction and new commercial activities since no development would
occur.
10.
The No Project Alternative would fail to meet the objective of stimulating private investment
in the Old Town commercial area with the least amount of public funding since no
development, or investment, would occur. In addition, the lack of new development in Old
Town would contribute to general uncertainties in the Old Town commercial area caused by
a delay in development of the site.
The City Council finds that "Alternative I (Full Reuse Alternative)" is infeasible within the meaning
of PRC § 21081(a) (3), due to economic, legal, social, technological, environmental, or other
considerations as follows:
1.
Alternative 1 would fail to meet the objective of providing for near tenn implementation of
development on the project site since no developers have indicated full rehabilitation is
feasible or practical. As documented in Draft EIR (p. 2-6) and extensively in the Response
to Comments (Response 8.7-8), the City has negotiated with five different developers and all
the developers have been unable to detennine the feasibility of preserving and reusing the
structures. Given the City's inability to find a developer willing to reuse these structures for
Prospect Village FEIR
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERA nONS
a redevelopment project, adopting this alternative would cause delay and uncertainty in the
development of the site. The City would need to find a developer that is willing to
rehabilitate the existing buildings and able to secure the necessary private investment
funding.
2.
Alternative 1 would diminish the objective of intensifying and expanding commercial
development and specialty retailing in the Old Town commercial area. In comparison the
proposed project, which would add 16,653 square feet of retail and office space, this
alternative would result in only 14,780 square feet, which is an 11.2 percent reduction in the
amount of retail and office space planned for the site.
3.
Alternative 1 would diminish the objective of creating a balanced and complementary mix of
retail and commercial uses. In comparison to the project, which would add 9,251 square feet
(55%) of retail and 7,402 square feet of office (45%), Alternative 1 would 12,625 square feet
(85%) of retail and 2,155 (15%) square feet of office, which does not balance the provision
of retail and office uses as well as the project.
4.
Alternative 1 would diminish the objective of adding additional residential units since only
ten (10) units would be provided in comparison to the project, which would provide twelve
(12) units.
5.
Alternative 1 would fail to meet the objective of providing ground floor specialty retailing
depths of 45 consistent with current market conditions and recommendations since full
rehabilitation would result in oddly configured building depths of sixty (60) to ninety (90)
feet and a restaurant space that is inconsistent with current market conditions and
recommendations.
6.
Alternative I would diminish the objective of providing a minimum 3,000 square foot
restaurant with outdoor patio dining since no outdoor dining area would be provided with
full rehabilitation of the existing buildings.
7.
Alternative 1 would fail to meet the objective of creating a financially viable mixed use
development with a minimum public subsidy. According to the independent economic
feasibility study conducted by the firm Keyser Marston Associates Inc., October 28,2003,
this alternative would reflect a negative supportable land value of -$390,000, requiring a
minimum subsidy of $1,245,000 (based on the difference between the Agency's cost of
acquisition, which was $855,000, and the supportable land value) as opposed to no public
subsidy to support the proposed project.5 In other words, the construction costs to
rehabilitate the structures in a manner suitable for reuse would exceed the value of the
project. As documented in the KCM Group report, the increase in construction costs is
predominantly driven by the rehabilitation and reuse costs, which far exceed the cost ofnew
construction. For example, under the full reuse scenario, the probable cost ofrehabilitation
5 Evaluation ofCEQA Alternatives- Proposed Prospect Village Project, Lames Rabe and Kevin Engstrom, Keyser
Marston Associates Inc. October 28, 2003, p. 3-4 ("KMA Report")
Prospect ViIJage FEIR
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
of the buildings to a shell condition is approximately 196.44 per square feet.6 On the other
hand, the probable cost of constructing new structures to a shell condition is about $116 per
square feet less or approximately $80 per square feet. 7
In addition, the KMA Report concludes that the preserved space is not as efficient as newly
developed space.8 The existing buildings are broken into smaller spaces that are less useful
than newly developer retail and restaurant spaces. Thus from a marketability standpoint,
space in the preserved building is not as attractive and has a negative impact on the overall
value ofthe project for a prospective developer. According to the KMA Report, preserved
retail space is proj ected to rent for $13 per square foot, as opposed to $15 per square foot for
new space, while preserved restaurant space is projected to rent for $15 per square foot
versus $21 per square foot for new restaurant space.9 Alternative 1 would diminish the
objective of creating increased property tax increment in the Project Area to assist in funding
economic revitalization and development activities in the Old Town commercial area since
the proposed project is anticipated to generate $85,000 annually whereas Alternative 1 is
anticipated to generate $70,500 annually, which is 17.4 percent less in revenues than the
proposed project.
8.
Alternative 1 would diminish the objective of creating increased property tax increment in
the Project Area to assist in funding economic revitalization and development activities in
the Old Town commercial area since the proposed project is anticipated to generate $85,000
annually whereas Alternative 1 is anticipated to generate$70,500 annually, which is 17.4
percent less in revenues than the proposed project. 1 0
9.
Alternative 1 would diminish the objective of creating employment associated with new
commercial activities since it would generate thirty-three (33) percent less permanent jobs
than the proposed project..
10.
Alternative 1 would fail to meet the objective of stimulating private investment in the Old
Town commercial area with the least amount of public funding since it would reflect a
necessary public subsidy of $1,245,000 over the proposed project, and thus, would
contribute to general uncertainties regarding the feasibility of development within the Old
Town commercial area.
The City Council finds that "Alternative 2 (Partial Reuse Alternative)" is infeasible within the
meaning ofPRC § 21081(a) (3), due to economic, legal, social, technological, environmental, or
other considerations as follows:
1.
Alternative 2 would fail to meet the objective of providing for near term implementation of
development on the project site since no developers have indicated rehabilitation and
6 Utt Juice Building Rehabilitation Estimates, Gordon Kovturn, KCM Group, October 10,2003; KMA Report,
Alternative 2Scenario,Table 1A
7 KMA Report, Prospect Village Project Scenario, Table 1A
8 KMA Report, p. 4
9 KMA Report, p. 3-4
10 KMA Report at p. 7
~
Prospect Village FEIR
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
reconfiguration of the existing buildings is feasible or practical. While this alternative
entails only partial, instead of full reuse, based on the City's prior experiences with
developer, there is considerable uncertainty as to whether the City could successfully find a
developer willing to implement this or any type of reuse alternative. As documented in the
City's economic feasibility studies, rehabilitating and reusing any portion of the existing
structures significantly increases construction costs and increase the amount of the public
subsidy. 11 Adopting this alternative would cause delay and uncertainty in the development
of the site since a developer would need to be identified that is willing to rehabilitate the
existing buildings and able to secure the necessary private investment funding.
2.
Alternative 2 would diminish the objective of intensifying and expanding commercial
development and specialty retailing in the Old Town commercial area. In comparison the
proposed project, which would add 16,653 square feet of retail and office space, this
alternative would result in only 15,160 square feet, which is a 9 percent reduction in the
amount of retail and office space planned for the site.
3.
Alternative 2 would diminish the objective of creating a balanced and complementary mix of
retail and commercial uses. In comparison to the project, which would add 9,251 square feet
(55%) of retail and 7,402 square feet of office (45%), Alternative 2 would add 11,405 square
feet (75%) of retail and 3,755 (25%) square feet of office, which does not balance the
provision of retail and office uses as well as the Project.
4.
Alternative 2 would diminish the objective of adding additional residential units since only
ten (10) units would be provided in comparison to the Project, which would provide twelve
(12) units,
5,
Alternative 2 would fail to meet the objective of providing ground floor specialty retailing
depths of 45 consistent with current market conditions and recommendations since full
rehabilitation would result in an oddly configured building depth of sixty (60) feet and a
restaurant space that is inconsistent with current market conditions and recommendations.
6,
Alternative 2 would diminish the objective of providing a minimum 3,000 square foot
restaurant with outdoor patio dining use since no outdoor dining area would be provided
with full rehabilitation of the existing buildings.
7,
Alternative 2 would fail to meet the objective of creating a financially viable mixed use
development with a minimum public subsidy since rehabilitation under this alternative
would reflect a negative supportable land value of -$43 7 ,000, requiring a minimum subsidy
of$I,292,000 (based on the difference between the Agency's cost of acquisition, which was
$855,000, and the supportable land válue) as opposed to no public subsidy to support the
proposed project..12 The negative supportable land value is based on the increased
construction costs for the rehabilitation effort combined with the loss of two residential units.
11 KCM Report; KMA Report
12 KMA Report, p. 5
Prospect Village FEIR
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERA TrONS
In addition, the KMA Report concludes that the preserved space is not as efficient as newly
developed space. 13 The existing buildings are broken into smaller spaces that are less useful
than newly developer retail and restaurant spaces. Thus from a marketability standpoint,
space in the preserved building is not as attractive and has a negative impact on the overall
value of the project for a prospective developer. According to the KMA Report, preserved
retail space is proj ected to rent for $13 per square foot, as opposed to $15 per square foot for
new space, while preserved restaurant space is projected to rent for $15 per square foot
versus $21 per square foot for new restaurant space. 14
8.
Alternative 2 would diminish the objective of creating increased property tax increment in
the Project Area to assist in funding economic revitalization and development activities in
the Old Town commercial area since the proposed project is anticipated to generate $85,000
annually whereas Alternative 1 is anticipated to generate $71,100 annually, which is 16.6
percent less in revenues than the proposed project 15 . .
9.
Alternative 2 would diminish the objective of creating employment associated with new
commercial activities since this alternative would generate twenty-three (23) percent less
pennanent jobs less than the proposed project.
10.
Alternative 2 would fail to meet the objective of stimulating private investment in the Old
Town commercial area with the least amount of public funding since it would reflect a
necessary public subsidy of $1,292,000 over the proposed project, and thus, would
contribute to general uncertainties regarding the feasibility of development within in the Old
Town commercial area.
11.
While Alternative 2 would increase the level of rehabilitation and reuse, it would still cause a
significant and unavoidable impact on the historic Utt Juice Building. According to the
City's Historic Resources Report, the impact on these structures would only be reduced to a
less than significant level if the project retained all historic resources on site with reuse
dictated by what alterations and additions are possible under the Secretary of Interior
Standards.16 Because this alternative entails demolition of the rear portion one of the
structures, the impact would remain significant and unavoidable.
The City Council finds that" Alternative 3" is infeasible within the meaning ofPRC § 21081 ( a) (3),
due to economic, legal, social, technological, environmental, or other considerations as follows:
1.
Like Alternatives 1 and 2, Alternative 3 would fail to meet the objective of providing for
near tenn implementation of development on the project site since no developers have
indicated rehabilitation and reconfiguration ofthe existing buildings is feasible or practical.
While this alternative entails only partial, instead of full reuse, based on the City's prior
experiences with developer, there is considerable uncertainty as to whether the City could
successfully find a developer willing to implement this or any type of reuse alternative. As
13 KMA Report, p. 4
14 KMA Report; p, 3-4
15 rd. atp. 7
16 Historic Resources Technical Report, Utt Juice Redevelopment Project, Tim Gergory, July 14,2003, p. 13
~.
Prospect Village FEIR
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
documented in the City's economic feasibility studies, rehabilitating and reusing any portion
ofthe existing structures significantly increases construction costs and increase the amount
ofthe public subsidy. 17 Adopting this alternative would cause delay and uncertainty in the
development of the site since a developer would need to be identified that is willing to
rehabilitate the existing buildings and able to secure the necessary private investment
funding.
2.
Alternative 3 would diminish the objective of intensifying and expanding commercial
development and specialty retailing in the Old Town commercial area. In comparison the
proposed project, which would add 16,653 square feet of retail and office space, this
alternative would result in only 15,044 square feet, which is a 9.7 percent reduction in the
amount of retail and office space planned for the site.
3.
Alternative 3 would diminish the objective of creating a balanced and complementary mix of
retail and commercial uses. In comparison to the project, which would add 9,251 square feet
(55%) of retail and 7,402 square feet of office (45%), Alternative 3 would add 9,746 square
feet (65%) of retail and 5,298 (35%) square feet of office, which does not balance the
provision of retail and office uses as well as the project.
4.
Alternative 3 would diminish the objective of providing a minimum 3,000 square foot
restaurant with outdoor patio dining use since no outdoor dining area would be provided
with full rehabilitation of the existing buildings.
5.
Alternative 3 would diminish the objective of creating a financially viable mixed use
development with a minimum public subsidy since rehabilitation under this alternative
would reflect a supportable land value of $112,000, requiring a minimum subsidy of
$738,000 (based on the difference between the Agency's cost of acquisition, which was
$855,000, and the supportable land value) as opposed to no public subsidy to support the
proposed project. 18
In addition, the KMA Report concludes that the preserved space is not as efficient as newly
developed space. 19 The existing buildings are broken into smaller spaces that are less useful
than newly developer retail and restaurant spaces. Thus from a marketability standpoint,
space in the preserved building is not as attractive and has a negative impact on the overall
value ofthe project for a prospective developer. According to the KMA Report, preserved
retail space is proj ected to rent for $13 per square foot, as opposed to $15 per square foot for
new space, while preserved restaurant space is projected to rent for $15 per square foot
versus $21 per square foot for new restaurant space.20
6.
Alternative 3 would diminish the objective of creating employment associated with new
commercial activities since this alternative would generate seventeen (17) percent less
permanent jobs less than the proposed project.
17 KCM Report; KMA Report
18 KMA Report, p. 6
19 KMA Report, p. 4
20 KMA Report, p. 3-4
Prospect Village FEIR
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I
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERA nONS
7.
Alternative 3 would fail to meet the objective of stimulating private investment in the Old
Town commercial area with the least amount of public funding since it would reflect a
necessary public subsidy of$738,000 over the proposed project, and thus, would contribute
to general uncertainties regarding the feasibility of development within in the Old Town
commercial area.
~
8.
While Alternative 3 would increase the level of rehabilitation and reuse, it would still cause a
significant and unavoidable impact on the historic Uti Juice Building. According to the
City's Historic Resources Report, the impact on these structures would only be reduced to a
less than significant level if the project retained all historic resources on site with reuse
dictated by what alterations and additions are possible under the Secretary of Interior.
Standards.21 Because this alternative entails demolition of the rear portion one of the
structures, the impact would remain significant and unavoidable.
The City Council finds that "Alternative 4 (Full Reuse (Existing Zoning) Alternative)" is infeasible
within the meaning of PRC § 21081(a) (3), due to economic, legal, social, technological,
environmental, or other considerations as follows:
1.
Like the other alternatives, Alternative 4 would fail to meet the objective of providing for
near term implementation of development on the project site since no developers have
indicated full rehabilitation is feasible or practical. As documented in Draft EIR (p. 2-6) and
extensively in the Response to Comments (Response 8.7-8), the City has negotiated with five
different developers and all the developers have been unable to determine the feasibility of
preserving and reusing the structures. Given the City's inability to find a developer willing
to reuse these structures for a redevelopment project, adopting this alternative would cause
delay and uncertainty in the development of the site since a developer would need to be
identified that is willing to rehabilitate the existing buildings and able to secure the necessary
private investment funding.
2,
Alternative 4 would diminish the objective of creating a balanced and complementary mix of
retail and commercial uses. In comparison to the Project, which would add 9,251 square feet
(55%) of retail and 7,402 square feet of office (45%), Alternative 5 would provide 19,120
square feet (68%) of retail and 9,000 (32%) square feet of office, which does not balance the
provision of retail and office uses as well as the Project.
3.
Alternative 4 would fail to meet the objective of adding additional residential units since no
residential units would be provided in comparison to the Project, which would provide
twelve (12) units.
4.
Alternative 4 would fail to meet the objective of providing ground floor specialty retailing
depths of 45 consistent with current market conditions and recommendations since full
rehabilitation would result in oddly configured building depths of sixty (60) to ninety (90)
feet and a restaurant space that is inconsistent with current market conditions and
recommendations.
21 Historic Resources Technical Report, Utt Juice Redevelopment Project, Tim Gergory, July 14,2003, p. 13
Prospect Village FEIR
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FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
5.
Alternative 4 would diminish the objective of providing a minimum 3,000 square foot
restaurant with outdoor patio dining use since no outdoor dining area on Main Street would
be provided with full rehabilitation of the existing buildings.
6.
Alternative 4 would fail to meet the objective of creating a financially viable mixed use
development with a minimum public subsidy since full rehabilitation would reflect a
negative supportable land value of -$1,813,3000, requiring a minimum subsidy of
$2,668,000 (based on the difference between the Agency's cost of acquisition, which was
$855,000, and the supportable lane value).22
In addition, the KMA Report concludes that the preserved space is not as efficient as newly
developed space.23 The existing buildings are broken into smaller spaces that are less useful
than newly developer retail and restaurant spaces. Thus from a marketability standpoint,
space in the preserved building is not as attractive and has a negative impact on the overall
value of the project for a prospective developer. According to the KMA Report, preserved
retail space is proj ected to rent for $13 per square foot, as opposed to $15 per square foot for
new space, while preserved restaurant space is projected to rent for $15 per square foot
versus $21 per square foot for new restaurant space.24
7.
Alternative 4 would fail to meet the objective of creating increased property tax increment in
the Project Area to assist in funding economic revitalization and development activities in
the Old Town commercial area since the proposed project is anticipated to generate $85,300
annually whereas Alternative 4 is anticipated to generate $37,200 annually, which is 56.4
percent less in revenues than the proposed project.25
8.
Alternative 4 would fail to meet the objective of stimulating private investment in the Old
Town commercial area with the least amount of public funding since it would reflect a
necessary public subsidy of $2,668,000 over the proposed project, and thus, would
contribute to general uncertainties regarding the feasibility of development within in the Old
Town commercial area.
The City Council finds that "Alternative 5 (Façade Reuse Alternative)" is infeasible within the
meaning ofPRC § 21081(a) (3), due to economic, legal, social, technological, environmental, or
other considerations as follows:
1.
Alternative 5 would fail to meet the objective of providing for near term implementation of
development on the project site since no developers have indicated façade preservation is
feasible or practical. Adopting this alternative would cause delay and uncertainty in the
development of the site since a developer would need to be identified that is willing to
preserve the façade of existing buildings and able to secure the necessary private investment
funding. In addition, special design and construction techniques would be necessary to reuse
22 KMA Report, p. 6-7
23 KMA Report, p. 4
24 KMA Report, p. 3-4
25 KMA Report, p. 7
Prospect Village FEIR
Page 33
(
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERA nONS
2.
the existing façade within a new development. Adding a second floor above the existing
façade would be problematic in terms of achieving architectural compatibility and
functionality of second floor areas.
Although Alternative 5 would provide twelve residential units similar to the proposed
Project, these units would need to be designed to complement the existing façade and
architecture, which may add to the construction cost. Adopting this alternative would cause
delay and uncertainty in the development of the site since a developer would need to be
identified that is willing to design and build residential units that are compatible with the
façade of existing buildings.
3.
Although Alternative 5 could provide for a 3,000 square foot outdoor dining area
opportunity, it would need to be integrated within the existing façade, which may result in a
less than desirable outdoor dining area in comparison with the Project.
4.
Alternative 5 would diminish the objective of creating a financially viable mixed use
development with a minimum public subsidy since façade preservation would reflect a
supportable land value of$198,000, requiring a minimum subsidy of$657 ,000, compared to
no public subsidy to support the proposed project.
5.
Alternative 5 would fail to meet the objective of stimulating private investment in the Old
Town commercial area with the least amount of public funding since it would reflect a
necessary public subsidy of$657,000 over the proposed project, and thus, would contribute
to general uncertainties regarding the feasibility of development within in the Old Town
commercial area.
'~'.
/
IX,
STATEMENT OF OVERRIDING CONSIDERATIONS
INTRODUCTION
The California Environmental Quality Act (CEQA) requires a decision-maker to balance the benefits
of a proposed project against its unavoidable environmental risks in determining whether to approve
the project. lithe Planning Commission, Tustin City Council, or Tustin Community Redevelopment
Agency allows the occurrence of significant effects through approval of a project, it must state its
specific reasons for so doing in writing. Such reasons are included in the "statement of overriding
considerations. "
Section 15093 of the CEQA Guidelines establishes the following requirements for a statement of
overriding considerations:
(a,)
CEQA requires the decision-making agency to balance, as applicable, the economic, legal,
social, technological, or other benefits of a proposed project against its unavoidable
environmental risks when determining whether to approve the project. If the specific
economic, legal, social, technological, or other benefits of a proposed project outweigh the
unavoidable adverse environmental effects, the adverse environmental effects may be
considered "acceptable."
~'-,
Prospect VilJage FEIR
Page 34
I
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
(b)
(c)
When the lead agency approves a project which will result in the occurrence of significant
effects, which are identified in the final EIR but are not avoided or substantially lessened, the
agency shall state in writing the specific reasons to support its action based on the final EIR
and/or other information in the record. The statement of overriding considerations shall be
supported by substantial evidence in the record.
If an agency makes a statement of overriding considerations, the statement should be
included in the record of the Project approval and should be mentioned in the notice of
determination. This statement does not substitute for, and shall be in addition to, findings
required pursuant to Section 15091.
The Planning Commission of the City of Tustin adopts and makes the following statement of
overriding considerations regarding the remaining unavoidable impacts identified within the Final
Environmental Impact Report (FEIS/EIR) for the Prospect Village Project. In adopting Resolution
No. 3910, the Planning Commission acknowledges that it has weighed the benefits ofthe identified
the Project against the adverse significant impacts that have not been avoided or substantially
lessened to less than significant levels through mitigation.
The Planning Commission hereby determines that the benefits of the project outweigh the
unmitigated adverse impacts and the Project should be approved. The Planning Commission finds
that to the extent that the identified significant adverse impacts have not been avoided or
substantially lessened, there are specific economic, legal, social, technological, or other
considerations which support approval ofthe project.
SIGNIFICANT UNA VOIDABLE IMPACTS
Unavoidable or potentially unavoidable significant environmental effects of the project identified in
the Final EIR/EIS and Findings of Significant Impacts include the following:
.
.
The project will cause a substantial adverse change in the significance of historical resources
as defined in Section 150064,5,
The project would be inconsistent with General Plan policies that promote preservation and
rehabilitation of historic resources.
ADOPTION OF OVERRIDING CONSIDERATIONS
The Planning Commission specifically adopts this Statement of Overriding Considerations and finds
that: a) as part of the approval provisions, the Project has eliminated or substantially lessened all
significant effects on the environment where feasible; b) mitigation measures to mitigate the effects
associated with the Project are within the jurisdiction ofthe City, and, c) the remaining unavoidable
impacts of the Project are acceptable in light of the environmental, economic, legal, social,
technological, and other considerations set forth herein, because the benefits of the Project outweigh
the significant and adverse impacts.
Page 35
Prospect Village FEIR
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
The Planning Commission finds that each of the overriding considerations set forth below
constitutes a separate and independent ground for finding that the benefits of the Project: I)
outweigh its significant adverse environmental impacts, and 2) is an overriding consideration
warranting approval of the Project. These matters are supported by substantial evidence in the
record.
FINDINGS OF OVERRIDING CONSIDERATIONS
The Environmental Impact Report ("EIR") prepared for the Prospect Village project ("the Project")
identified two closely related significant adverse unavoidable Project impacts associated with land
use and cultural resources. The Project will cause: I) a significant unavoidable adverse land use
impact due to a conflict with a limited number of General Plan policies relating to the preservation
of historical resources as a result of the proposed demolition of the Utt Juice Buildings, and 2) a
significant unavoidable. adverse cultural resources impact due to the permanent loss of the
historically significant Utt Juice Buildings.
The Project, however, will create substantial benefits for the City of Tustin, specifically the Old
Town commercial area. The Planning Commission has balanced the Project's benefits against the
Project's significant unavoidable land use and cultural resources impacts. The Planning
Commission finds that the Project's benefits outweigh the Project's significant unavoidable impacts,
and the impacts are therefore considered acceptable in light ofthe Project's benefits. The Planning
Commission finds that each ofthe following benefits is an overriding consideration, independent of
the other benefits, that warrant approval of the Project as designed, notwithstanding the Project's
significant and unavoidable land use and cultural resources impacts:
~
1.
The Project will eliminate delays and uncertainties regarding redevelopment of the site
Since 1998 when the Agency acquired the property, the Agency has actively marketed the
Project site. However, as documented in the Response to Comments portion of the Final
EIR, up until now, the Agency has been unsuccessful in its efforts to find a developer willing
to redevelop the Project site. (See Final EIR, Section 2.0 Response to Comments, Response
8.7-8) One developer initially expressed interest but failed to complete the proposal process.
After approximately 16 months of negotiations with another entity consisting of a
partnership between two developers, the Agency was unable to reach a mutually acceptable
agreement on the amount ofthe substantial public subsidy to make the project viable and a
commitment to implementation. The Agency encountered similar issues with three other
developers. This Project finally removes the uncertainties surrounding build-out ofthis site
and makes redevelopment of the site a reality.
2.
The Project will stimulate private investment and demonstrate economic viability of the Old
Town commercial area
The Project site has not been in active and consistent permanent commercial use since 1973,
The project site was included in the Town Center Redevelopment Project Area because of
economic deterioration and physical blight. The Project with its exceptional design and its
mix of office, commercial, restaurant, and residential uses represents further progress in the
.----',
/ '
Prospect Village FEIR
Page 36
¡
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
revitalization of the Old Town area. The Project will demonstrate to developers and other
private investors that Old Town can be a viable location for future commercial, retail, and
residential uses. The Project will increase the residential presence in Old Town and replace
the currently vacant Utt Juice buildings with a large street level restaurant and retail use
thereby enlivening this area of Old Town.
The Project would be consistent with the recommendations in the "Visions of Old Town," a
broad community-based planning study that was prepared in 1991 and coordinated by the
Regional/Urban Design Assistance Team (R/UDAT) through the American Institute of
Architects (AlA). As described in the R/UDAT study, the commercial-retail core needs to
be filled with new restaurants, retail stores, and offices that will introduce a mix of
commercial activities which will be competitive with the surrounding strip commercial
centers located along Newport Avenue. It is important to long-term economic viability of
the Old Town commercial area to re-establish the area in the near future as the "town center"
for the City of Tustin by intensifying private commercial retail development and providing a
viable alternative to the traditional neighborhood strip centers and community shopping
centers found on nearby Newport Avenue and other areas of the City.
This Project with its retail, restaurant, and office component will also achieve the City's
General Plan land use goals, which promote economic expansion and diversification. These
goals include: to "Broaden the City's tax base by attracting businesses which will contribute
to the City's economic growth and employment opportunities..," (General Plan, Land Use
Element, Policy 7.1); and to "Focus retail development into consolidated, economically
viable and attractive centers of adequate size and scale which offer a variety of retail goods
and amenities. (General Plan, Land Use Element, Policy 7,5).
3.
The Project will add to the City's supply of residential units and improve the jobs to housing
ratio in Old Town
Implementation of the Project would increase the inventory of residential uses in the Old
Town area. Specifically, the Project would create twelve (12) new residential units and is
consistent with General Plan goals to develop character of the Old Town/First Street area
including "possible development of residential uses in the Old Town area both as individual
residential proj ects and integrated above ground floor retail and office uses." (General Plan,
Land Use Element, Policy 10.2). These new units will also be occupied by the owners and
proprietors of the retail and office uses that will be below each unit. Thus, the Project will
allow residents to live above their businesses and offices thereby eliminating commuting and
associated traffic congestion and air quality impacts.
4.
The Project would implement the General Plan's overall vision for development of the site
The Project's mix of residential, office, retail, and restaurant (with outdoor dining area) uses
achieves the General Plan's vision for future build-out of the Old Town/First Street area.
The Project's restaurant and outdoor dining patio is consistent with the General Plan policy
which encourages outdoor pedestrian spaces, such as courtyards, arcades, and open
landscape passages to be integrated into new development. (General Plan, Land Use
Prospect Village FEIR
Page 37
I
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
Element, Policy 10.3). The Project's approximately 6,200 square feet of ground floor retail,
3,500 square foot restaurant (includes the outdoor dining area) and another 2,500 square feet
of ground floor retail/office spaces accessible from public sidewalks would be consistent
with the General Plan policy, which encourages high-quality pedestrian oriented building
frontages which open onto these pedestrian spaces and public sidewalks. (General Plan,
Land Use Element, Policy 10.6). Moreover, as noted above, the General Plan specifically
envisions the Project's live/work or residential component for Old Town.
5.
The. Project would implement the Town Center Redevelopment Plan's vision for the site
The Project implements the goals and objectives of the Town Center Redevelopment Plan
Area ("Area"). The Redevelopment Plan goals and objectives for the Area include the
creation of a mixed use town center that combines commercial, office, residential, and public
uses. The Redevelopment Plan also encourages residential development by actively seeking
private development in the redevelopment area. The Project's mix of retail, office,
restaurant and residential is consistent with these goals and objectives.
6.
The Project will generate property and sales tax revenues for the Agency and City
The Project will create a new source of property and sales tax revenue for the City and the
Agency. The City will receive sales tax revenue for the retail sales that occur on-site, and
the Agency will receive tax increment revenues from the property taxes paid.26 According
to the feasibility study, property tax revenues for the Project would total approximately
$85,300 and sales tax would total $10,500.27
7.
The Project will assist in the elimination of blight in the Town Center Redevelopment Plan
Area ("Area ")
The Project will assist in eliminating blight as identified under Sections 33031 and 33031 of
the California Redevelopment Law and in the Second Implementation Plan for the Town
Center and South Central Redevelopment Areas (January 2000) including the following:
.
Unsafe/Dilapidated/Deteriorated Buildings characterized by conditions caused by
serious building code violations, dilapidation or deterioration.
Physical Conditions that Limit Economic Viability and Use of Lots and Buildings
characterized by conditions that can be caused by substandard design, inadequate
size given present standards and market conditions, lack of parking, or similar
factors.
.
26 KMA Report, p.26 "Evaluation ofCEQA Alternatives - Prospect Village," James Rabe & Kevin Engstrom,
Keyser Marston Associates. Inc., October 28, 2003, p, 7
27 Id.
/~
Prospect Village FEIR
Page 38
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
.
Depreciated/Stagnant Property Values or Impaired Investments characterized, but not
necessarily limited to properties containing hazardous waste or other conditions that
require the use of agency authority.
High Business Turnovers and Vacancies/Low Lease Rates/Abandoned
BuildingiVacant Lots within an area developed for urban use and served by utilities.
.
Prospect Village FEIR
Page 39
EXHIBIT C OF RESOLUTION NO, 3910
MITIGATION MONITORING PROGRAM
Prospect Village FEIR
Page 2
PROSPECT VILLAGE FINAL ENVIRONMENTAL IMPACT REPORT
MITIGATION MONITORING PROGRAM
This Mitigation Monitoring and Reporting Program has been prepared in accordance with the
requirements of the California Environmental Quality Act (CEQA) section 21081.6. Its purpose
is to ensure implementation of the mitigation measures required by the Prospect Village Final
Environmental Impact Report (FEIR) for the Prospect Village Project, located in the City of
Tustin and the City of Irvine, in the County of Orange.
The City of Tustin has adopted the mitigation measures included in the Final EIS/EIR in order to
mitigate or avoid significant impacts on the environment. This program has been designed to
ensure compliance during project implementation.
Mitigation measures identified in the Final EIS/EIR for the Prospect Village Project have been
incorporated into a checklist. Each mitigation measure is listed separately on the checklist with
appropriate spaces for monitoring the progress of implementation of each measure. Mitigation
measures are also identified in this Mitigation Monitoring and Reporting Program.
The following information is identified for each measure listed in the checklist:
. The timing of implementation of the mitigation measure.
. The appropriate agency to enforce the mitigation measure.
The mitigation measures in the table are listed by environmental impact area in the same order as
they are listed in the Final EIS/EIR.
Mitigation Monitoring and Report Program Management
As shown in Table I, the mitigation measures associated with the project will be completed in
conjunction with development of the project.
Availability of Mitigation Monitoring and Reporting Program
The completed Mitigation Monitoring and Reporting Program checklist will be retained in the
project file and will be available for public inspection on proper request.
Prospect Village FEIR
Page 3
Measure
Cultural Resources 1:
Prior to issuance of a demolition permit,
documentation of the buildings to be
removed shall be undertaken by the
developer to be approved by the City
utilizing the standards of the Historic
American Building Survey (HABS),
including photo-documentation and
measured drawings of the East Main and
Prospect A venue elevations. These items,
together with the Historical Resource
Technical Report, shall be added to the
Tustin Area Historical Society Museum.
Cultural Resources 2:
If buried cultural resources, such as
chipped or ground stone, historic debris,
building foundations, or human remains
are inadvertently discovered during
ground-disturbing activities, work will
stop in that area and within 100 feet of the
find until a qualified archaeologist can
assess the significance of the find, and, if
necessary, develop appropriate treatment
measures. Treatment measures typically
include development of avoidance
strategies, capping with fill material, or
mitigation of impacts through data
recovery programs such as excavation or
detailed documentation.
The construction contractor and lead
contractor compliance inspector will
verifY that work is halted until
appropriate treatment measures are
implemented if cultural resources are
Timing and Implementation
Mitigation.
Compliance
Responsibility
Mitigation
Monitoring and
Enforcement
Responsibility
Prior to issuance of a demolition
permit
City of Tustin
Community Development
Department
During construction
City of Tustin
Community Development
Department
.
')
Ex. C of Resolution No. 3910
Mitigation Monitoring Program
Page 2
Measure
discovered during construction activities.
Concurrence from the City on measures
to be implemented before resuming
construction activities in the area of the
[rod will be obtained.
Hazards 1:
The applicant shall remove the clarifier on
site in accordance with appHcable local,
state and federal regulations prior to
obtaining a grading permit.
Hazards 2:
Any unknown contaminated soils that
could be encountered on the project site
during demolition, site clearance, or
construction activities shall be removed
from the project site and disposed of off-
site. The removal and disposal of these
hazardous materials would be in
accordance with guidelines specified by
the applicable local, state and federal
resources agencies, including but not
limited to the Department of Toxics
Substances Control and federal
Environmental Protection Agency.
Hazards 3:
If during any future demolition or
remodeling activities additional suspect
materials are observed, bulk samples
shall be collected of these materials and
analyzed for asbestos content. All
suspect materials at the Property are
Presumed Asbestos-containing Materials
Timing and Implementation
Mitigation
Monitoring and
Enforcement
Responsibility
Mitigation
Compliance
Responsibility
Prior to issuance of grading
permits
City of Tustin
Community Development
Department
During construction
City of Tustin
Community Development
Department
During demolition or remodeling
City of Tustin
Community Development
Department
Prospect Village FEIR
Page 2
Exhibit C of Resolution No. 3910
Mitigation Monitoring Program
Page 3
Measure
(PACMs) until the asbestos content is
confmned or denied by analytical testing.
Hazards 4:
The applicant shall retain a licensed
abatement contractor to properly remove
and dispose of the damaged (peeling,
flaking) lead-based paint prior to
obtaining a demolition pennit.
Traffic 1:
The developer shall prepare a construction
staging and parking plan for review and
approval by City of Tustin Public Works
prior to issuance of demolition pennit.
The developer or contractor shall monitor
the implementation and effectiveness of
the construction staging and parking plan
during the construction phase of the
project. The plan shall include one or
more of the following potential types of
traffic-related mitigation measures to
ensure that temporary disruptions to the
adjacent uses and circulation within the
area are minimized:
.
Construction and Employee
Parking: As part of the
construction staging and parking
plan, the contractor would submit
and obtain approval of a
construction parking program
which reflects the schedule of
construction activities and
location of construction-related
Timing and Implementation
Mitigation
Compliance
Responsibility
Mitigation
Monitoring and
Enforcement
Responsibility
Prior to issuance of a demolition
pennit
City of Tustin
. Community Development
Department
Prior to issuance of a demolition
pennit
Public Works Department
City of Tustin
Prvc )Village FEIR
Page 3
E:, it C of Resolution No. 3910
Mitigation Monitoring Program
Page 4
parking. Locations of available
parking would be identified.
Street Circulation and Parking
Measures: The contractor may
request and obtain a permit for
any temporary lane closures that
may be required for adjacent
roadways. The contractor would
utilize flagmen for traffic control
to minimize inconvenience and
for safety of vehicles and
pedestrians.
Haul Truck Routes, Queue
Areas, and Deliveries: The
contractor would provide an
estimate of truck volume and
schedule. Schedule adjustments
would be made to minimize the
volume during peak traffic hours,
Areas would be designated by
the developer or contractor for
staging of all trucks. All earth-
moving and ready-mix trucks
would be equipped with two-way
radios. The trucks would follow
a City-approved route to the
project site, without unnecessary
waiting,
Hours of Excavation Hauling:
Heavy truck hauling associated
with excavation would be
scheduled to minimize
interference with daytime
activity in the area. The hours
for excavation hauling would be
Measure
.
.
.
Timing and Implementation
Mitigation
Compliance
Responsibility
Mitigation
Monitoring and
Enforcement
Responsibility
Prospect Village FEIR
Page 4
Exhibit C of Resolution No. 3910
Mitigation Monitoring Program
Page 5
Measure
detennined in conjunction with
the City as part of the
construction staging and parking
plan.
e Pedestrian Safety Measures:
The contractor would install a
construction fence around the
perimeter, complying with City
requirements before excavation
begins. A flagman would be
available at all times and would
be utilized whenever trucks
entering or leaving the project
site may impede the flow of
traffic.
Parking 1:
If the City Council does not approve the .
Off-Site Parking Agreement, the applicant
must present an alternative shared use
agreement to the City for review and
approval prior to issuance of a demolition
pennit. If the City does not approve an
alternative shared use agreement, the
Project shall not proceed.
Timing and Implementation
Mitigation
Compliance
Responsibili!y
Mitigation
Monitoring and
Enforcement
Responsibility
Prior to issuance of a demolition
pennit
City of Tustin
Community Development
Department
Prr
Page 5
",Village FaR
!
A TT A CHMENT E
Resolution No. 3911
.~
RESOLUTION NO, 3911
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
OF THE CITY OF TUSTIN APPROVE ZONE CHANGE 03-002 BY
ADOPTING ORDINANCE NO, 1284 TO CHANGE THE ZONING ON A
1,036 ACRE SITE AT THE NORTHWEST CORNER OF MAIN STREET
AND PROSPECT AVENUE FROM "CENTRAL COMMERCIAL AND
PARKING OVERLAY (C2-P)" TO "PLANNED COMMUNITY (P-C)" AND
ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS TO
SET FORTH LAND USE RELATIONSHIPS AND DEVELOPMENT
STANDARDS FOR A MIXED USE DEVELOPMENT WITH
COMMERCIAL AND RESIDENTIAL USËS
The Planning Commission does hereby resolve as follows:
I.
The Planning Commission finds and determines as follows:
A.
That a proper development application, Zone Change 03-002, was
submitted by Prospect Village LP, a California Limited Partnership (formerly
known as Pelican Center, LLC), requesting approval to change the zoning
on a 1,036 acre site at the northwest corner of Prospect Avenue and Main
Street from "Central Commercial and Parking Overlay" to "Planned
Community (P-C)" ( Exhibit A) and adopt the "Prospect Village Planned
Community District Regulations" (Exhibit B) to set forth land use
relationships and development standards for a mixed use development with
commercial and residential uses to accommodate the development of a
commercial/office building and twelve (12) live/work units as shown on the
conceptual development plans, which are incorporated into the Prospect
Village Planned Community District Regulations, in accordance with
Section 9244 of the Tustin City Code.
B.
That a public hearing was duly called, noticed, and held on said
application on April 26, 2004, by the Planning Commission.
C.
The project site is located at the northwest corner of Main Street and
Prospect Avenue and is located within the General Plan "Old Town
Commercial" land use designation, Central Commercial-Parking Overlay
(C2-P) zoning district, Cultural Resources Overlay zoning district, and the
Town Center Redevelopment Project Area. The proposed zone change
would change the zoning designation from "Central Commercial-Parking
Overlay (C2-P)" to "Planned Community (P-C)." The General Plan land
use, Cultural Resources Overlay, and Town Center Redevelopment
Project Area designations would not be amended.
D.
The proposed zone change is consistent with the Tustin General Plan in that
the "Old Town Commercial" land use designation, where the project is
located, provides for the development of a variety of ,retail, professional
Resolution No. 3911
Zone Change 03-002
Page 2
offices and service-oriented uses, including residential uses, which are
allowed at the discretion of the City. This land use designation provides for
the adoption of a Planned Community district and district regulations to
govern the location, land use type, density, and building intensity standards
to ensure compatibility of land uses in the vicinity and within a development.
The proposed "Planned Community (P-C) zoning district" and the "Prospect
Village Planned Community District Regulations" would provide for a
maximum building intensity (floor area ratio) of 1,0:1.28 within Planning Area
A (commercial portion). Although the General Plan suggests a maximum
floor area ratio of 1,0:1, the Planned Community district regulations are
intended to regulate building intensity. This floor area ratio is generally
consistent with many of the two-story buildings in Old Town and is
appropriate for the site and the type of development envisioned by the Old
Town Commercial land use designation. The live/work portion of the project
will have a residential density of 16 dwelling units per acre, which
corresponds to the lower end of the high density residential land use
designation range of 15 dwelling units to 25 dwelling units per net acre. The
Old Town Commercial land use designation provides for a range of
residential densities by allowing a population density range of 2 to 54
persons per acre. Using an average of 2.24 persons per dwelling unit
assumed for the high density residential range, the Planned Community
District Regulations would provide for approximately 27 persons on
approximately three-quarters of an acre (or 34 persons per acre) and is
within the density range anticipated by the General Plan.
The proposed zone change supports and is consistent with the Tustin
General Plan. The Land Use Element includes the City's goals and
policies for the long-term growth, development, and revitalization of Tustin,
Based on the summary of issues, needs, opportunities, and constraints
described in the Tustin Land Use Element, ten goals are identified which
include the following:
E.
1.
2.
3.
Achieve balanced development.
Ensure that compatible and complementary development occurs.
Revitalize older commercial, industrial, and residential
development.
Improve city-wide urban design.
Promote economic expansion and diversification.
Coordinate development with provision of adequate public facilities
and services.
Ensure that the development character of East Tustin is compatible
with the surrounding man-made and natural environment.
Strengthen the development character and mixture of uses in the
Old Town/First Street area.
Promote an integrated business park character for the Pacific
Center East area.
~
/
4.
5.
6.
7.
8.
9.
Resolution No. 3911
Zone Change 03-002
Page 3
10.
Implement a reuse plan for MCAS Tustin which m~ximizes the
appeal of the site as a mixed-use, master planned development.
These goals establish the framework for policies related to allocation of
land use in the City and the implementation policies reflect the direction
and image the City seeks for the. future. The proposed Planned
Community zoning district and Planned Community District Regulations
support several General Plan goals and policies, including the following:
1.
2.
3.
4.
The project will implement policies under the goal to achieve
balanced development including:
a.
Policy 1.2 - Provide for and encourage the development of a
neighborhood serving commercial uses in areas
underserved and encourage the integration of retail or
service commercial uses on the street level of office projects.
Policy 1.5 - Encourage compatible and complementary infill
of a previously by-passed parcel in areas already
predominately developed.
b.
The project will implement policies under the goal to ensure
compatible and complementary development including:
a.
Policy 3.8 - Encourage consolidation of parking and
reciprocal access agreements among adjacent businesses.
Policy 4,3 - Where mixed uses are permitted, ensure
compatible integration of adjacent uses to minimize conflicts.
b.
The project will implement policies under the goal to revitalize older
commercial, industrial, and residential properties including:
Policy 5,1 - Encourage and continue the use of
redevelopment activities, including the provision of
incentives for. private development, public-private
partnerships, and public improvements in the Town Center
and South Central redevelopment project areas,
Policy 5.2 - Provide development incentives to facilitate the
consolidation of individual parcels along the City's
commercial corridors.
Policy 5.3 - Encourage the rehabilitation of existing
commercial facades and signage.
The project will implement policies under the goal to improve City-
wide urban design including:
a.
b,
c.
Resolution No. 3911
Zone Change 03-002
Page 4
5.
6.
.c.
a.
Policy 6.2 - Encourage and promote high-quality design and
physical appearance in all development projects,
The project will implement policies under the goal to promote
economic expansion and diversification including:
a.
Policy 7.1 - Broaden the City's tax base by attracting
businesses which will contribute to the City's economic
growth and employment opportunities while ensuring
compatibility with other General Plan goals and policies.
Policy 7.5 - Focus retail development into consolidated,
economically viable, and attractive centers of adequate size
and scale which offer a variety of retail goods and amenities.
b.
The project will implement policies under the goal to develop
character in the Old Town/First Street area including:
a.
Policy 10.2 - Review and consider the possible development
of residential uses in the Old Town area both as individual
residential projects and integrated above ground floor retail
and office uses.
Policy 10,3 - Encourage outdoor pedestrian spaces, such as
courtyards, arcades, and open landscape passages, to be
integrated into new development. Encourage high-quality
pedestrian oriented building frontages which open onto
these pedestrian spaces and public sidewalks.
Policy 10.6 - Encourage the integration of retail or service
commercial uses on the street level of projects through
flexibility in site development standards.
Policy 10.7 - Encourage the consolidation of individual
parcels/consolidated site planning and parking and access
along First Street and in Old Town through utilization of
development incentives such as reduced parking, height
bonus, lot coverage relaxation, and allowance for secondary
uses, fee waivers, and/or financial assistance in land
acquisition and/or infrastructure improvements.
b.
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.
r-"
í
Resolution No. 3911
Zone Change 03-002
Page 5
F.
,4.
G.
(Sequoyah Hills Homeowners' Ass'n v, City of Oakland (1993) 23 Cal.
App. 4th 704, 719-720). As stated on page 11 of the Tustin General Plan,
Land Use Element Goals and Policies provide a framework for land use
planning and decision-making in the City. The policies related to historic
structures are intended to support Land Use Element Goal 6, which
states, "Improve urban design in Tustin to ensure development that is both
architecturally and functionally compatible, and to create uniquely
identifiable neighborhoods, commercial and business park districts," This
goal is achieved through the high quality of design and materials of the
project as shown in the conceptual development plans that are
incorporated into the Planned Community District Regulations,
The proposed zone change is consistent with and supports the Town
Center Redevelopment Plan, including the six goals and objectives for the
Town Center Redevelopment Project Area, as follows:
1.
The project will assist in creating a mixed-use town center that
combines commercial, office, residential, and public uses, which
will serve the needs of the community, as well as encourage the
healthy growth of the area;
2.
The project will provide residential development by actively seeking
private development in the redevelopment area;
3.
The project will increase the level of capital improvements by
requiring sidewalk and street landscaping, street improvements,
and related public improvement projects around the project site;
The project will provide a harmonious and efficient development in
the redevelopment area;
5.
The project will encourage business development, attract new
customers to the area to assist in alleviating pass-through traffic
congestion and conflict, and improving safety; and,
6.
The project will revitalize and develop amenities in the project area
and assist in the revitalization of Old Town.
The proposed zone change complies with Tustin City Code Section 9244. In
accordance with Section 9244(a) , the "Prospect Village Planned Community
District Regulations" specify development standards for the entire site by
including text, exhibits, and development plans. The provisions contained
within the district regulations would serve to adequately protect the public
health, safety, and welfare by regulating the permitted, conditionally
permitted, and prohibited land uses; site development standards for building
intensity, residential density, building site area, setbacks, building height,
Resolution No. 3911
Zone Change 03-002
Page 6
II.
H.
open space, access, private drives, parking, and refuse; and plan
implementation and administration to ensure compatibility within the
development and within the vicinity of the district. The allowed uses,
including retail, service commercial, and office uses are consistent with uses
allowed within the Old Town commercial area. In Planning Area A (the
commercial area along Main Street), retail and restaurant uses would be
permitted on the ground floor and retail and office uses would be permitted
on the second floor. In Planning Area B (the residential area), single
family residential uses would be permitted on the upper floors of the
live/work units. The ground floor of live/work units facing Prospect Avenue
would be permitted to have retail and service commercial uses whereas
the ground floor of the live/work units that face the alley would be
permitted to have retail, service commercial, or office uses. Although
office uses are not permitted on the ground floor in the Old Town
commercial core area, the rack of street frontage of the six units that face
the alley may discourage retail uses. To ensure viability of the live/work
concept, allowing a variety of retail, service, and office uses in these units
would be appropriate. The site development standards for Planning Area A
(commercial portion) are generally consistent with the standards allowed in
the Central Commercial and Parking Overlay zoning district and the site
development standards for Planning Area B (live/work) are consistent with
an urban residential development. The plan implementation and
administration provisions are generally consistent with the provisions of the
Tustin City Code, and in the event of any ambiguity, defer to the provisions
of the Tustin City Code.
The proposed zone change would support new development envisioned on
the conceptual development plans that are incorporated into the Prospect
Village Planned Community District Regulations. As currently configured,
the two (2) existing buildings located on the project site would not fit within
Planning Area A, nor conform to the development standards or conceptual
development plans identified in the Prospect Village Community District
Regulations, and would become non-conforming if Zone Change 03-002 is
adopted by the City Council.
I.
In accordance with the provisions of the California Environmental Quality
Act (CEQA), a Final Environmental Impact Report (FEIR) has been
considered by the Planning Commission prior to recommending approval
of Zone Change 03-002. By adopting Resolution No. 3910, the Planning
Commission has determined that the FEIR is complete and adequate and
recommended that the City Council certify the Prospect Village
Environmental Impact Report for the purpose of approving Zone Change
03-002.
The Planning Commission hereby recommends that the City Council approve
Zone Change 03-004 by adopting Ordinance No. 1284 to change the zoning on a
Resolution No. 3911
Zone Change 03-002
Page 7
1.035 acre site at the northwest corner of Main Street and Prospect Avenue from
"Central Commercial and Parking Overlay" to "Planned Community (P-C)" as
shown on the amended Zoning Map in Exhibit A of Draft Ordinance No. 1284 and
adopt the "Prospect Village Planned Community District Regulations" contained in
Exhibit A of Draft Ordinance No. 1284 to set forth land use relationships and
development standards for a mixed use development with commercial and
residential uses to accommodate the development of a commercial/office building
and twelve (12) live/work units as shown on the conceptual development plans,
which are incorporated into the Prospect Village Planned Community District
Regulations, in accordance with Section 9244 of the Tustin City Code.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular
meeting on the 26th day of April 2004.
JERRY AMANTE
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 3911 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 26th day of April 2004.
ELIZABETH A. BINSACK
Planning Commission Secretary
Exhibit A of Resolution No. 3911
Draft Ordinance No. 1284
Exhibit 1 Zoning Map
Exhibit 2 Planned Community District Regulations
---,
ORDINANCE NO. 1284
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 03-
002 TO AMEND THE ZONING MAP OF THE CITY OF
TUSTIN FOR A 1.036 ACRE SITE LOCATED AT THE
NORTHWEST CORNER OF MAIN STREET AND
PROSPECT AVENUE FROM THE CENTRAL
COMMERCIAL AND PARKING OVERLAY (C-2-P) ZONING
DISTRICT TO PLANNED COMMUNITY ZONING DISTRICT
(P-C) AND ADOPT PLANNED COMMUNITY DISTRICT
REGULATIONS ENTITLED "PROSPECT VILLAGE
PLANNED COMMUNITY DISTRICT REGULATIONS"
The City Council of the City of Tustin hereby ordains as follows:
Section 1. FindinQs
A.
That a proper development application, Zone Change 03-002, was submitted by
Prospect Village LP, a California Limited Partnership (formerly known as Pelican
Center, LLC), requesting approval to change the zoning on a 1.036 acre site at the
northwest corner of Prospect Avenue and Main Street (known as Assessor's
Parcel Number 401-585-01 and described in the attached legal description) from
"Central Commercial and Parking Overlay" to "Planned Community (P-C)" as
shown in Exhibit 1 and adopt the "Prospect Village Planned Community District
Regulations" contained in Exhibit 2 in accordance with Section 9244 of the Tustin
City Code,
B.
On April 26, 2004, the Planning Commission recommended that the City Council
approve Zone Change 03-002 to amend the zoning of the property located at the
northwest corner of Main Street and Prospect Avenue, as described in the
attached legal description, from the Central Commercial and Parking Overlay (C2-
P) to a Planned Community (P-C) zoning district and adopt the "Prospect Village
Planned Community District Regulations."
C.
A public hearing was duly called, noticed, and held on said application on May 17,
2004, by the City Council, and the City Council has considered the staff report and
all evidence and testimony presented to the City Council at the public hearing.
D.
The proposed amendment to the City's Zoning Map is in the best interest of the
public in that:
1.
Amending the existing zoning to a Planned Community (P-C) zoning district
would provide an opportunity to create a mixed use development that would
provide for commercial and residential opportunities in Old Town Tustin.
2.
The proposed Planned Community (P-C) zoning district would be
compatible with the character of and uses allowed in adjacent districts,
including existing commercially zoned properties located to the south, north,
Ordinance No. 1284
Page 2
and west of the site and the City's Main Street Water Facility to the east.
The introduction of residential uses as a permitted use in the Planned
Community would be compatible with the traditional land use pattern in Old
Town, which includes close proximity of residential and commercial uses,
E.
The proposed zone change is consistent with the Tustin General Plan in that the'
"Old Town Commercial" land use designation, where the project is located,
provides for the development of a variety of retail, professional offices and service-
oriented uses, including residential uses, which are allowed at the discretion of the
City, This land use designation provides for the adoption of a Planned Community
district and district regulations to govern the location, land use type, density and
building intensity standards to ensure compatibility of land uses in the vicinity and
within a development. The proposed "Planned Community (P-C) zoning district
and the "Prospect Village Planned Community District Regulations" would provide
for a maximum building intensity (floor area ratio) of 1.0:1.28 within Planning Area
A (commercial portion), Although the General Plan suggests a maximum floor
area ratio of 1.0: 1, the Planned Community district regulations are intended to
regulate building intensity. This floor area ratio is generally consistent with many of
the two-story buildings in Old Town and is appropriate for the site and the type of
development envisioned by the Old Town Commercial land use designation. The
live/work portion of the project will have a residential density of 16 dwelling units
pe'r 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.
F.
The proposed Planned Community zoning district and Planned Community District
Regulations support several General Plan goals and policies, including the
following:
1
The project will implement policies under the goal to achieve balanced
development including:
a.
Policy 1.2 - Provide for and encourage the development of
neighborhood serving commercial uses in areas underserved and
encourage the integration of retail or service commercial uses on the
street level of office projects.
Po/icy 1.5 - Encourage compatible and complementary infill of
previously by-passed parcel in areas already predominately
developed.
b.
2.
The project will implement policies under the goal to ensure compatible and
complementary development including:
Ordinance No. 1284
Page 3
3.
4.
5.
6.
a.
Policy 3.8 - Encourage consolidation of parking and reciprocal
access agreements among adjacent businesses.
Policy 4.3 - Where mixed uses are permitted, ensure compatible
integration of adjacent uses to minimize conflicts.
b.
The project will implement policies under the goal to revitalize older
commercial, industrial and residential properties including:
a.
Policy 5.1 - Encourage and continue the use of redevelopment
activities, including the provision of incentives for private
development, public-private partnerships, and public improvements,
in the Town Center and South Central redevelopment project areas.
Policy 5.2 - Provide development incentives to facilitate the
consolidation of individual parcels along the City's commercial
corridors.
Policy 5.3 - Encourage the rehabilitation of existing commercial
facades and signage.
b.
c.
The project will implement policies under the goal to improve city-wide
urban design including:
a.
Policy 6.2 - Encourage and promote high-quality design and
physical appearance in all development projects,
The project will implement policies under the goal to promote economic
expansion and diversification including:
a.
Policy 7.1 - Broaden the City's tax base by attracting businesses
which will contribute to the City's economic growth and employment
opportunities while ensuring compatibility with other General Plan
goals and policies.
Policy 7.5 - Focus retail development into consolidated,
economically viable and attractive centers of adequate size and
scale which offer a variety of retail good and amenities.
b.
The project will implement policies under the goal to develop character in
the Old Town/First Street area including:
a.
Policy 10.2 - Review and consider the possible development of
residential uses in the Old Town area both as individual residential
projects and integrated above ground floor retail and office uses.
Policy 10.3 - Encourage outdoor pedestrian spaces, such as
courtyards, arcades and open landscape passages, to be integrated
into new development. Encourage high-quality pedestrian oriented
building frontages which open onto these pedestrian spaces and
public sidewalks.
b.
Ordinance No. 1284
Page 4
c.
Policy 10.6 - Encourage the integration of retail or service
commercial uses on the street level of office projects the flexibility in
site development standards.
Policy 10.7 - Encourage the consolidation of individual
parcels/consolidated site planning and parking and access along
First Street and in Old Town through utilization of development
incentives such as reduced parking, height bonus, lot coverage
relaxation, and allowance for secondary uses, fee waivers, and/or
financial assistance in land acquisition and/or infrastructure
improvements.
d.
G.
That the Prospect Village Final Environmental Impact Report identifies significant
and unavoidable land use impacts related to the project's inconsistency with a
limited number of General Plan policies that encourage rehabilitation of existing
commercial facades, restoration or rehabilitation of properties eligible for listing on
the National Register of Historic Places, and preservation of historically significant
structures. Nonetheless, each project is reviewed on an individual basis for
consistency with the General Plan and California law does not require a project to
be consistent with each and every General Plan goal and policy. (Seauovah Hills
.t:jomeowners' Ass'n v. City of Oakland (1993) 23 Cal. App. 4th 704,719-720), As
stated on page 11 of the Tustin General Plan, Land Use Element Goals and
Policies provide a framework for land use planning and decision-making in the
City. The policies related to historic structures are intended to support Land Use
Element Goal 6, which states, "Improve urban design in Tustin to ensure
development that is both architecturally and functionally compatible, and to create
uniquely identifiable neighborhoods, commercial and business park districts." Thi.s
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.
H.
The proposed zone change is consistent with and supports the Town Center
Redevelopment Plan, including the six goals and objectives for the Town Center
Redevelopment Project Area, as follows:
1.
The project will assist in creating a mixed-use town center that combines
commercial. office, residential and public uses, which will serve the needs
of the community, as well as encourage the healthy growth of the area;
2.
The project will provide residential development by actively seeking private
development in the redevelopment area;
3.
The project will increase the level of capital improvements by requiring
sidewalk and street landscaping, street improvements, and related public
improvement projects around the project site;
~.
4.
The project will provide a harmonious and efficient development in the
redevelopment area;
Ordinance No. 1284
Page 5
5.
The project will encourage business development, attract new customers to
the area to assist in alleviating pass-through traffic congestion and conflict,
and improving safety; and,
6.
The project will revitalize and develop amenities in the project area and
assist in the revitalization of Old Town.
I.
The proposed zone change complies with Tustin City Code Section 9244. In
accordance with Section 9244(a) , the "Prospect Village Planned Community
District Regulations" specify development standards for the entire site by including
text, exhibits, and development plans. The provisions contained within the district
regulations would serve to adequately protect the public health, safety, and welfare
by regulating the permitted, conditionally permitted, and prohibited land uses; site
development standards for building intensity, residential density, building site area,
setbacks, building height, open space, access, private drives, parking, and refuse;
and plan implementation and administration to ensure compatibility within the
development and within the vicinity of the district. The allowed uses, including
retail, service commercial, and office uses are consistent with uses allowed within
the Old Town commercial area. The site development standards for Planning
Area A (commercial portion) are generally consistent with the standards allowed in
the Central Commercial and Parking Overlay zoning district and the site
development standards for Planning Area B (live/work) are consistent with an
urban residential development. The plan implementation and administration
provisions are generally consistent with the provisions of the Tustin City Code, and
in the event of any ambiguity, defer to the provisions of the Tustin City Code.
J.
The proposed zone change would support new development envisioned on the
conceptual development plans that are incorporated into the Prospect Village
Planned Community District Regulations. As currently configured, the two (2)
existing buildings located on the project site would not fit within Planning Area A,
nor conform to the development standards or conceptual development plans
identified in the Prospect Village Community District Regulations, and would
become non-conforming if Ordinance No, 1284 for Zone Change 03-002 is
adopted by the City Council.
K.
In accordance with the provisions of the California Environmental Quality Act
(CEQA), a Final Environmental Impact Report (FEIR) has been considered by the
Planning Commission prior to recommending approval of Zone Change 03-002.
By adopting Resolution No. 3910, the Planning Commission has determined that
the FEIR is complete and adequate and recommended that the City Council certify
the Prospect Village Environmental Impact Report for the purpose of approving
Zone Change 03-002.
Section 2.
Zone Change 03-002 is approved, and the Zoning Map of the City of Tustin
is amended as shown Exhibit A, attached hereto.
Ordinance No. 1284
Page 6
Section 3.
Section 4.
Section 5.
Planned Community District Regulations entitled, "Prospect Village Planned
Community District Regulations" are hereby adopted for Zone Change 03-
002 as contained within Exhibit 8, attached hereto.
Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that anyone or more
section, subsection, subdivision, sentence, clause, phrase, or portion
thereof be declared invalid or unconstitutional.
City Clerk. The City Clerk shall certify to the adoption of this Ordinance and
cause the same to be posted at the duly designated posting places within
the City and published once within fifteen (15) days after passage and
adoption as may be required by law; or, in the alternative, the City Clerk
may cause to be published a summary of this Ordinance and a certified
copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days after adoption, the City Clerk shall cause to be published,
the aforementioned summary and shall post a certified copy of this
Ordinance, together with the vote for and against the same, in the Office of
the City Clerk.
PASSED, APPROVED, and ADOPTED this
day of
,2004.
TONY KAWASHIMA
Mayor
PAMELA STOKER
City Clerk
/'---" ,
Ordinance No. 1284
Page 7
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1284
ss
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council
of the City of Tustin is five (5); that the above and foregoing Ordinance No. 1284 was duly
and regularly introduced at a regular meeting of the Tustin City Council, held on the 17th
day of May, 2004 and was given its second reading, passed, and adopted at a regular
meeting of the City Council held on the 7th day of June 7, 2004 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Exhibit A of Draft Ordinance 1284
/---
Zoning Map
ZONING MAP AMENDMENT
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Central Commercial (C-2 P)
Cultural Resources and Parking Overlay District
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New Zoning Designation
Planned Community (PC)
Cultural Resources District
Exhibit B of Draft Ordinance 1284
Planned Community District Regulations
/--- -
---- -- - -------
Prospect Village Planned Community
District Regulations
Adopted by the Tustin City Council on May 17,2004 by Ordinance No. 1284
Prospect Village Planned Community
DISTRICT REGULATIONS
TABLE OF CONTENTS
Page Number
1.0
INTRODUCTION
3
2.0
STATISTICAL SUMMARY
3
3,0
LAND USE REGULATIONS
4
3.1
Planning Area A - Commercial
4
A.
B.
C.
D,
E.
F.
Purpose and Intent
Permitted and Conditionally Permitted Uses
Prohibited Uses
Temporary Uses
Unlisted Uses
Development Standards
4
4
5"
6
6
6
3.2
Planning Area B
9
A.
B.
C.
Purpose and Intent
Sub Area B-1
Sub Area B-II
9
9
11
3.3 General Development Standards for Planning Areas B-1 and B-II 14
A. Building Site 14
B. Gross Density 14
C. Lot Coverage 14
D. Building Setbacks 14
E. Building Height 14
F. Common Area Open Space 14
G. Projections into Required Setbacks 14
H. Fences, Walls, and Hedges 15
I. Private Drive 15
J. Refuse 15
K. Other Development Standards 15
3.4 General Parking Requirements for Planning Areas A and B 15
Prospect Village Planned Community District Regulations
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 Permits and
Other Discretionary Actions
Amendment to District Regulations
Enforcement
Severability Clause
5,0
ZONING EXHIBIT AND CONCEPTUAL DEVELOPMENT PLANS
Exmbrt1: ZoillngExmbrt
Exmbit 2: Conceptual Development Plans
Prospect Village Planned Community District Regulations
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 íntended to encourage the appropriate use of land and create a
harmonious commercial and residential development to protect the health, safety, and
welfare of the community and provide the flexibility needed to create a quality environment,
Development within the Prospect Village Planned Community shall occur consistent
with these Planned Community District Regulations, including the Conceptual Development
Plans contained with Section 5.0.
2,0
STATISTICAL SUMMARY
There are two (2) distinct and separate planning areas provided within the Prospect Village
Planned Community. The land use designations are shown in Exhibit 1 with a statistical
summary of each planning area. The development. plans for Planning Areas A and Bare
included in Exhibit 2.
Planning Area A - Commercial: The site is approximately 7,286 square feet (0.167
net acres) in size and includes a two-story commercial building comprised of an
approximately 3,000 square feet of restaurant use with an approximately 593 square-
foot outdoor patio dining area open to Main Street, 773 square feet of retail space,
three (3) covered parking spaces (721 square feet) on the ground floor, and 4,822
square feet of second floor service and office uses. The Floor Area Ratio (FAR) is
1:1,3. .
~.
/
Planning Area B - Live/Work: The site is approximately 32,941 square feet (.756
net acres) in size and is designed to accommodate twelve (12) live/work units at a
density of sixteen (16) dwelling units per acre. The twelve live-work residential units
include: a) six three-story units facing on Prospect Avenue with each having 913
square feet of ground floor retail space with a 2,126 square-foot residential unit in
two levels above; and b) six three-story units facing the public alley to the west with
each having 431 square feet of ground floor commercial/office space with a 1,862
square-foot residential unit in two stories above.
Notes:
No changes to this Section of the District Regulations would be required with respect to future
changes and adjustment to the development. However, any new construction, alterations, or
modifications to the development would need to comply with all applicable provisions contained
in Section 3.0 and 4.0 of these district Regulations and the Tustin General Plan.
The square footage allocations and floor area ratios identified in the Planned Community
Regulations shall govern the overall maximum intensity and scale of development within each
Prospect Village Planned Community District Regulations
4
planning area without the necessity of additional or new environmental documentation. All
acreage data is approximate and will be refilled on a fmal map and in fmal development plans.
Prospect ViUage Planned Community District Regulations
5
3,0
LAND USE REGULATIONS
The land use regulations and development standards contained within this document act as a
principle part of the controlling mechanism for implementation of the Planned Community
District designation. Standards set forth in this Section will ensure that development within
the Prospect Village Planned Community proceeds in a consistent and appropriate
manner as the community matures.
3,1
Planning Area A - Commercial
A,
Purpose and Intent
The commercial component of the Prospect Village Planned Community is
intended to provide for a complementary mix of specialty retail, restaurant, service
business, and office to achieve a high level of commercial activities and urban vitality
at the easterly gateway to the City's downtown district,
B.
Permitted and Conditionally Permitted Uses
The following uses shall be permitted by right or conditionally permitted in
Planning Area A (Main Street Commercial Building) as stated in the following text:
1,
Ground Floor Permitted Uses
,~'
a.
Retail uses, when conducted within a building:
.
Restaurants (approximately 3,000 square feet with 112 seats)
Outdoor dining (see page 8 for Outdoor Seating and Operational
Standards)
Bakeries, delicatessens, specialty foods, coffee shops
Antiques and curios
Prepared foods stores (ice cream, yogurt, candy, and similar
items)
Clothing/ shoes stores
General merchandize variety stores
Specialty stores/antique shops
New household goods/home furnishings stores
Florist shops
Books / stationery stores
Jewelry stores
Art shops/galleries
Musical supplies and instruments
Video/music stores
.
.
.
.
.
.
.
.
.
.
.
.
.
.
Prospect ViRage Planned Community District Regulations
6
b.
2,
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
Ground Floor Conditionally Permitted Uses
When conducted within a building:
3,
.
Wholesale bakeries
Figure modeling studios
Day spa/massage establishments
Pet grooming
Pharmacies
Alcoholic beverage sales in conjunction with restaurants
subject to the Planning Commission's Guidelines for
Alcoholic Beverage Sales Establishments
Wine tasting rooms
.
.
.
.
.
.
Second Floor Permitted Uses
When conducted within a building:
4.
.
Retail and service uses listed as permitted on the ground floor
Professional and general offices (excluding medical, dental, or
veterinary offices) up to a total of 4,816 square feet
.
Second Floor Conditionally Permitted Uses
C,
Prohibited Uses
.
Retail and retail service uses if listed under conditionally
. permitted uses on the ground floor
.
. Coin-operated laundromats
Dry-cleaning (on-site) and laundry services
Medical, dental, or veterinary offices or clinics
.
.
Prospect ViUage Planned 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 determine similar uses
are permitted, conditionally permitted, or prohibited in Planning Area A or may refer
the matter to the Planning Commission.
F,
Development Standards
1.
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.
Side Yard (Facing Prospect Avenue and the public alley): 0 Feet
c.
Rear Yard (Facing Planning Area B): Ten (10) feet
d.
Storefront entries including door swings shall not encroach into the
right-of-way to achieve minimum width needed for accessibility
required by the Americans with Disabilities Act
4,
Building Height: 50 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
Prospect Avenue, Main Street, or the public alley to the west, unless
required by Alcoholic Beverage Control (ABC) standards to enclose
outdoor dining areas,
b.
Fences, walls, and hedges at the rear property line separating the
Main Street commercial area in Planning Area A and the residential
portion of the project in Planning Area B shall not exceed six (6) feet
eight (8) inches in height, unless required for noise mitigation and
approved in writing by the Community Development Director.
Prospect Village Planned Community District Regulations
8
6.
~
All signs are subject to the approved master sign plan for the project, The
sign plan shall be consistent with provisions of the Tustin Sign Code and
latest adopted California Building Code (CBC) and California Electrical Code
(CEC) and may include the following exceptions:
a.
Projecting signs shall be allowed to project and! or extend beyond the
property line and over the public right-of-way along Prospect Avenue
and Prospect lane (Alley) with adequate height clearance for
pedestrians, emergency vehicles, and refuse trucks, subject to review
and approval by the Community Development Department and. City
Engineer and obtaining an encroachment permit from the Public
Works Department.
7.
Screening of Mechanical Equipment
All mechanical equipment shall be acoustically shielded if necessary and
architecturally screened from street and adjacent properties in accordance
with 'Ordinance. No. 1262, Sec. 2, 11-18-02 of the Tustin City Code. The
regulating, controlling, design, construction, installation, quality of materials,
location, operation, and maintenance of heating, ventilating, cooling,
refrigeration systems, incinerators, and other miscellaneous heat-producing
appliances shall be in compliance with the latest California Mechanical Code
adopted by the City of Tustin.
8.
Trash Enclosures
A covered trash enclosure shall be maintained at the southwest corner of the
commercial property integrated within the building design. The trash
receptacles shall be screened from Prospect lane (Alley) and Main Street with
decorative metal gates. The refuse collection area shall be maintained and
kept clean at all times. More frequent refuse service may be required to
prevent nuisances to adjacent properties,
9.
Merchandize Display
No merchandize shall be displayed or advertised for sale on or over the
public right-of-way, and outside display of merchandize shall not be
permitted except by approval of a temporary use permit,
10.
Other Development Standards
Any development standard which is not specifically identified within the
District Regulations or shown on the approved development plans shall be
subject to the applicable provisions of Section 9233 of the Tustin City Code
or determination by the Community Development Director.
Prospect Village Planned Community District Regulations
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 commercial
. district standards.
Approval of an encroachment permit is required, if the outdoor
seating area encroaches into the public right-of-way.
There shall be no cooking or food preparation in the outdoor dining
area.
.
.
.
.
Outdoor dining furniture shall be compatible with the building design
subject to approval of the Community Development Department.
No resin-type furniture is permitted.
The layout of outdoor seating shall maintain a clear passage and
emergency exit,
All barriers for defining the outdoor area shall be a maximum of
three foot (3) six (6) inches designed to withstand inclement outdoor
weather and are subject to review and approval by the Community
Development Department.
Lighting of the outdoor dining area shall complement the
architectural style of the building and Old Town Tustin. Table lamps
and candles are encouraged,
No free standing signs (A frame, etc.) shall be permitted in the
outdoor seating area
Water drainage on the public right-of-way is not permitted. All
potted plants shall be maintained in a healthy and vigorous condition.
Saucers or other suitable system to retain seepage into the sidewalk
shall be provided.
All Orange County Fire Authority requirements shall be complied
with.
Outdoor seating area shall be maintained and clear of litter at all
times. At the end of business day establishments shall clean (sweep
and mop) the areas in and around the outdoor dining area,
.
.
.
.
.
.
.
Prospect Village Planned Community District Regulations
10
3.2
Planning Area B - Live/Work
A,
Purpose and Intent
The live/work component of the Prospect Village Planned Community is
intended to provide twelve (12) live/work units in an urban setting with common
open space for the enjoyment of all residents. Area (B-1) includes the six (6)
Live/Work units facing Prospect Avenue and Area (B-1!) includes the six (6)
Live/Work units facing the public alley to the west of the project.
B,
Sub Area B-1 - Six (6) Live/Work Units Facing Prospect Avenue
Permitted and Conditionally Permitted Uses
The following uses shall be permitted by right or conditionally permitted as stated in
the following text:
1,
Ground Floor Permitted Uses (Live/Work Units Facing Prospect
Avenue)
a. Retail uses, when conducted within a building:
.
Restaurants
. Outdoor dining (see outdoor dining standards for Planning Area A)
. Bakeries, delicatessens, specialty foods, coffee shops
. Antiques and curios .
. Prepared foods stores ~ce cream, yogurt, candy, and similar items)
. Clothing/ shoe stores
. General merchandize variety stores
. Specialty stores/ at;ltique shops
. New household goods/home furnishings stores
. Florist shops
. Books/stationary stores
. Jewelry 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 Village Planned Community District Regulations
11
/-
.
Photography studios
Mail services
Dry cleaning/ tailoring
Shoe repair
Travel agency
Real estate office
Telephone answering service/ office support services
.
.
.
.
.
.
2.
Ground Floor Conditionally Permitted Uses (Live/Work Units Facing
Prospect Avenue)
When conducted within a building:
.
Figure modeling studios
Day spa/massage establishments
Pet grooming
Pharmacy
.
.
.
3.
Second/Third Floor Permitted Uses (Live/Work Units Facing
Prospect Avenue)
When conducted within a building:
.
Single family residential
Home occupation in accordance with Tustin City Code Section 9297
.
4.
Prohibited Uses (Live/Work Units Facing Prospect Avenue)
.
Coin-operated laundromats
Dry-cleaning (on-site) and laundry services
General, professional, medical, dental, or veterinary offices or clinics
Uses that involve use or storage of hazardous/explosive materials,
cause offensive odors, and/ or generate dust, noise, or excess light.
Unlisted uses are not to be assumed to be permitted or conditionally
permitted.
.
.
.
***
5,
Use Limitations
A minimum of ten (10) residential units shall be owner/proprietor-occupied
on all floors and shall be designated as "Restricted Units" on the approved
plans. Four (4) of these units shall be located in Sub-Area I (facing Prospect
Avenue) and six (6) of these units shall be located in Sub-Area B-II (facing
the public alley). Owners of restricted units may obtain Redevelopment
Agency and City approval to lease the retail or office portion of the live-work
unit, provided the owner secures additional parking within 300 feet of the
Prospect Village Planned Community District Regulations
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 Department may determine
similax uses are permitted, conditionally permitted, or prohibited in Planning
Area A or may refer the matter to the Planning Commission.
7.
Temporary Uses
Temporary uses are subject to provisions of Tustin City Code.
C.
(B-II) Permitted and Conditionally Permitted Uses
Six (6) Live/Work Units Facing Public Alley
The following uses shall be permitted by right or conditionally permitted as stated in
the following text:
1.
Ground Floor Permitted Uses (Live/Work Units Facing the Public
Alley)
a. Retail uses, when conducted within a building:
. Restaurants
. Outdoor dining (see Outdoor Dining Smndards for Planning Area A)
. Bakeries, delicatessens, specialty foods, coffee shops
. Antiques and curios
. Prepaxed 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/smtionery stores
. Jewelry stores
. Art shops/galleries
. Musical supplies and instruments
. Video/music stores
b. Service businesses such as:
.
Barber shops
Prospect Víllage Planned Community District Regulations
13
c.
d.
..--
.
Beauty parlors
Interior decorator
Printing
Locksnùth
Photography studios
Mail services
Dry cleaning/tailoring
Shoe repair
Travel agency
Real estate office
Telephone answering service/office support services
.
.
.
.
.
.
.
.
.
.
General or professional office uses, excluding medial, dental, or
veterinary uses.
Home occupation in accordance with Tustin City Code Section 9297
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 Village Planned Community District Regulations
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 located in Sub-Area I (facing Prospect
Avenue) and six (6) of these units shall be located in Sub-Area B-II (facing
the public alley). Owners of restricted units may obtain Redevelopment
Agency and City approval to lease the retail or office portion of the live-work
unit, provided the owner secures additional parking within 300 feet of the
unit as required by Section 9252 of the Tustin City Code, at the ratio
identified in the "General Parking Requirements" section herein, and records
an instrument or agreement approved by the Agency and the City.
6.
Unlisted Uses
The Director of the Community Development Department may determine
similar uses are permitted, conditionally permitted, or prohibited in Planning
Area A or may refer the matter to the Planning Commission,
7,
Temporary Uses
Temporary uses shall be regulated pursuant to the applicable provisions of
the Tustin City Code.
3.3
General Development Standards for Planning Areas B-1 and B-II
A. Building Site:
B. Gross Density:
C. Lot Coverage:
32,941 square feet
16 units per acre
100 percent, less parking, open space, and building setback
requirements,
D.
Building Setbacks:
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 Planning Area B: Six (6) feet between buildings
E.
Building Height: 50-feet, including roof-mounted equipment and chimneys.
Prospect ViUage Planned Community District Regulations
15
F.
Common Area Open Space: All areas outside the building perimeters are
considered common open space and shall be maintained by the homeowners'
association.
G.
Projections into Required Setbacks: Eaves, cornices, chimney, balconies and other
similar architectural features shall not project into any required building setback
unless pennitted by the California Building Code.
H.
Fences. Walls. and Hedges:
No walls, fences, or hedges that exceed three (3) feet in height shall be pennitted at
the right-of-way along Prospect Avenue or the public alley to the west, Fences,
walls, and hedges in the interior motor court, between units, along Third Street, or
between the residential units in Planning Area B and the Main Street commercial
building in Planning Area A, shall not exceed six (6) feet eight (8) inches in height,
unless required for noise mitigation and approved in writing by the Community
Development Director.
1.
Private Drive:
1.
The private driveway shall provide access to garages and guest parking spaces
and shall have a minimum travel way width of 28 feet, curb face to curb face.
No parking shall be permitted on the driveway, other than in designated
parking stalls.
2.
Sidewalks are not required within private drives. Sidewalks, where provided,
shall be designed in accordance with Standard B102 of the City's
Construction Standards for Private Streets, Storm Drains, and On-Site
Private Improvements and subject to compliance with applicable accessibility
requirements of the Americans with Disabilities Act, Tide 24 of the Uniform
Building Code as locally amended, and the Department of Housing and
Urban Development's Fair Housing Accessibility Guidelines.
J.
Refuse:
Trash receptacles shall be stored inside private garages. No person shall place any
receptacle in any street, alley, or other public way at any time or place other than as
above provided, or no earlier than noon on the day before scheduled collections and
removed within twelve (12) hours of collection (Ord. No. 1014, Sec. 8, 1-3-89),
K.
Other Development Standards:
Any development standard which is not specifically identified within these District
Regulations or shown on the approved development plans shall be subject to the
applicable provisions of the Tustin City Code or a determination by the Community
Development Director,
Prospect Village Planned Community District Regulations
16
3.4
General Parking Requirements for Planning Areas A and B
A.
Parking within Planning Area A and B shall be provided at the following ratios:
Pursuant to the Shared Parking Evaluation (Appendix F of Prospect Village Final
Environmental Impact Report) prepared for the project, a total of three (3) parking
spaces shall.. be provided within Planning Area A, adjacent to the Main Street
Commercial Building. In addition, a total of fifty-nine (59) spaces shall be provided
subject to an off-site parking agreement between the Developer and the City of
Tustin, as provided for by Tustin City Code Section 9271aa and 9252j3 to
accommodate commercial uses in Planning Areas A and B. If the approved land use
mix is modified, any additional parking that is needed shall be provided in
accordance with the following ratios:
.
One (1) parking space per 200 square feet of retail use;
One (1) parking space per 300 square feet of office use; and,
One (1) parking space per three (3) seats for restaurant use (including
outdoor dining).
A minimum of two (2) enclosed garage spaces shall be maintained for each
dwelling unit in Planning Area Band permanendy 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 pennit.
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 pennitted into a landscape planter or
sidewalk area provided the sidewalk has sufficient width to comply with accessibility
requirements,
Prospect Village Planned Community District Regulations
17
-""""~"""~"'---'----'-'" -.....-.. ,.... .-,..--- -. ------.......--
4.0
4,1
4.2
4.3
4.4
4.5
4.6
IMPLEMENTATION and ADMINISTRATION
Responsibilit;y
The Communit;y Development Department of the City of Tustin shall be responsible for the
administration and enforcement of provisions of these regulations.
Interpretations
If ambiguity arises concerning the appropriate application of provisions contained in these
District Regulations, the Communit;y Development Director shall make the appropriate
detennination. In making a detennination, 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 Regulatio11s;
c.
. Provisions contained in the General Plan; and,
D.
Other provisions of the Tustin Cit;y 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 Cit;y Code and State
Subdivision Map Act.
Variances. Conditional Use Permits. and Other Discretionary Actions
All applications shall be processed in accordance with the Tustin City Code.
Amendment to District Regulations
Any amendment to these District Regulations contained herein which change the allowed
uses within the development, impose any regulation upon property not therefore imposed,
or removes or modifies any such regulation shall be initiated and processed in the same
manner set forth in the Tustin Cit;y Code for amending the Zoning Code.
Prospect Village Planned Community District Regulations
18
4.8
4.7
Enforcement
The District Regulations are adopted by Ordinance and are therefore subject to penalty
provisions of the Tustin City Code. Specifically, violations of land use or development
standards shall be subject to penalty provisions and citation procedures of the Tustin City
Code, in addition to the City's authority to seek civil litigation in a court of law,
Severability Clause
If any part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion
of these District Regulations is held to be invalid, unconstitutional, or unenforceable by a
court of competent jurisdiction, these decisions shall not affect the validity of the remaining
portions of these District Regulations. The Tustin City Council hereby declares that these
District Regulations and each part, section, subsection, paragraph, subparagraph, sentence,
clause, phrase, or portion thereof would have been adopted irrespective of the fact that one
or more portions of the District Regulations may be declared invalid, unconstitutional, or
unenforceable.
Prospect Village Planned Community District Regulations
19
Zoning Map
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Prospect Village Planned Community
----
The Prospect Village Planned Community is bounded by Main Street, Prospect Avenue, Third
Street, and Prospect Lane (public alley).
Legal Description: The east 155 feet of the north 162.50 feet of Block B of Tract No.3 as shown
on a map recorded in Book 9, page 4, of miscellaneous maps, of records of Orange County
California with the east 145 feet of the south 137.5 feet of said Block B (proposed as Vesting
Tentative Tract Map 16481)
PLANNIr
71
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AREAS
Planning Area A
Planning Area B
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- Project Statistical Summary
Acreage Non-Residential Uses Residential 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
alley
* 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
[mal 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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PRODUCT A ELEVATIONS
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ATTACHMENT F
Resolution No. 3912
/--,
RESOLUTION NO, 3912
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE
TENTATIVE TRACT MAP 16481 TO SUBDIVIDE A 1,035 ACRE PARCEL
LOCATED AT THE NORTWEST CORNER OF MAIN STREET AND
PROSPECT AVENUE INTO THIRTEEN (13) NUMBERED LOTS AND ONE (1)
LETTERED LOT FOR THE PURPOSE OF DEVELOPING A COMMERCIAL
BUILDING AND TWELVE (12) LlVEIWORK UNITS WITHIN A PLANNED UNIT
DEVELOPMENT
The Planning Commission of the City of Tustin does hereby resolve as follows:
I.
The Planning Commission finds and determines as follows:
A.
That a proper application for Tentative Tract Map 16481 was submitted by
Prospect Village LP, a California Limited Partnership (formerly known as the
Pelican Center LLC), requesting approval to subdivide a 1.035 acre parcel
located at the northwest corner of Main Street and Prospect Avenue into
thirteen (13) numbered lots and one (1) lettered lot for the purpose of
developing a commercial building and twelve (12) live/work units.
B.
That a public hearing was duly called, noticed, and held for said map on
April 26, 2004, by the Planning Commission.
C,
The project site is located at the northwest corner of Main Street and
Prospect Avenue and is located within the General Plan "Old Town
Commercial" land use designation, Central Commercial-Parking Overlay
(C2-P) zoning district, Cultural Resources Overlay zoning district, and
Town Center Redevelopment Project Area.
D.
The proposed subdivision would be consistent with the Tustin General Plan,
if Zone Change 03-002 is adopted by the City Council. In accordance with
the provisions of the General Plan "Old Town Commercial" land use
designation, Zone Change 03-002 would establish a Planned Community
district and Planned Community district regulations to govern the location,
land use type, density, and building intènsity standards to ensure
compatibility of land uses in the vicinity and within the development.
Tentative Tract Map 16481, as conditioned, would be required to conform to
the "Prospect Village Planned Community District Regulations,"
E.
As conditioned, the map would be required to conform with the State
Subdivision Map Act and the Tustin City Code Section 9323 (Subdivision
Code).
Resolution No. 3912
Tentative Tract Map 16481
April 26, 2004
Page 2
F.
G.
As conditioned, the subdivision would promote orderly development to
preserve the public health, safety, and general welfare and provide for
proper use of land and adequate traffic circulation, utilities, and other
services,
The site is physically suitable for the type of development proposed in that
the project is accessible through the City's current street system and could
be supported with existing transportation and public facilities.
H.
The site is physically suitable for the proposed building intensity and density
of the development in that the project, if Zone Change 03-002 is approved,
would be consistent with the "Prospect Village Planned Community District
Regulations," which provide for a maximum building intensity 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
T own and is appropriate for the site and the type of development
envisioned by the Old Town Commercial land use designation. The
live/work portion of the project will have a residential density of 16 dwelling
units per acre, which corresponds to the lower end of the high density
residential land use designation range of 15 dwelling units to 25 dwelling
units per net acre. The Old Town Commercial land use designation
provides for a range of residential densities by allowing a population
density range of 2 to 54 persons per acre. Using an average of 2.24
persons per dwelling unit assumed for the high density residential range,
the Planned Community District Regulations would provide for
approximately 27 persons on approximately three-quarters of an acre (or
34 persons per acre) and is within the density range anticipated by the
General Plan.
I.
The design of the subdivision or the types of improvements proposed are
not likely to cause serious public health problems in that the project has
been conditioned to comply with applicable regulations of the City of Tustin
and Orange County Fire Authority.
J.
The proposed tentative tract map or the proposed improvements would not
cause substantial environmental damage to fish or wildlife in their natural
habitat.
K.
As conditioned, the developer would be required to enter into a
reimbursement agreement for construction of improvements including: 1)
enhanced paving and landscape improvements in the public alley, 2) half-
/---"
Resolution No. 3912
Tentative Tract Map 16481
April 26, 2004
Page 3
II.
width street improvements (paving, curbs, and gutters) on Prospect
Avenue between Main Street and Third Street, 3) sidewalks on Prospect
Avenue and Third Street with enriched paving and pedestrian bump-outs
at Main Street and Third Street, and 4) landscaping, which is consistent
with the recently installed streetscape improvements in the Old Town
commercial district. The developer will also be required to construct a
new sidewalk on Main Street that is consistent with the Americans with
Disabilities Act, which is needed to support pedestrian access to and from
the new commercial building. In addition, an approximately 4,900 square
foot portion of the alley to the west, which is currently an easement and
defined in Attachment 1 to the Disposition and Development Agreement,
will be granted in fee title to the City.
L.
As conditioned, the subdivider will be required to pay park fees, on a per
unit basis, based on a minimum of ,0065 acre per dwelling unit, and
reflecting the value of land required for park purposes in accordance with
Section 9331.d.3 of the Tustin City Code and as required by the DDA.
M.
The subdivision would establish a planned unit development where there
. are undivided interests in common areas such as the drive aisle, open
parking areas, open space areas, and landscape areas with separate
interests in space for the units. Section 1350, et al of the California Civil
Code authorizes the creation of an association to set forth the restrictions
on the use or enjoyment of any portion of the common interest in a
condominium development. As conditioned, the developer would be
required to record a declaration of covenants, conditions, and restrictions
for the project.
N.
In accordance with the provisions of the California Environmental Quality
Act (CEQA), a Final Environmental Impact Report (FEIR) has been
prepared and all mitigation measures have been included as conditions of
approval. The FEIR was considered by the Planning Commission prior to
recommending approval of Tentative Tract Map 16481. By adopting
Resolution No. 3910, the Planning Commission has determined that the
FEIR is complete and adequate and recommended that the City Council
certify the Prospect Village Environmental Impact Report and adopt a
Statement of Overriding Considerations and Mitigation Monitoring Program
for the purpose of approving Tentative Tract Map 16481,
The Planning Commission hereby recommends that the City Council approve
Tentative Tract Map 16481 to subdivide a 1.035 acre parcel located at the
northwest corner of Main Street and Prospect Avenue into thirteen (13) numbered
lots and one (1) lettered lot for the purpose of developing a commercial building
Resolution No. 3912
Tentative Tract Map 16481
April 26, 2004
Page 4
and twelve (12) live/work units within a planned unit development, subject to the
conditions contained in Exhibit A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held
on the 26th day of April, 2004.
JERRY AMANTE
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 3912 was duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 26th day of April, 2004.
ELIZABETH A. BINSACK
Planning Commission Secretary
"~
1,4 The subdivider shall conform to all applicable requirements of the State
Subdivision Map Act, the City's Subdivision Ordinance, and the City's
zoning regulations. Within 24 months from tentative map, the subdivider
shall record with the appropriate agencies a final map prepared in
accordance with subdivision requirements of the Tustin Municipal Code, the
State Subdivision Map Act, and applicable conditions contained herein
unless an extension is granted pursuant to Section 9323 of the Tustin
Municipal Code. Time extensions may be considered if a written request is
received by the Community Development Department within thirty (30) days
prior to expiration.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
*** EXCEPTION
GENERAL
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EXHIBIT A
TENTATIVE TRACT MAP 16481
RESOLUTION NO. 3912
CONDITIONS OF APPROVAL
The proposed project shall substantially conform with the submitted plans
for the project date stamped May 17, 2004, on file with the Community
Development Department, except as herein modified, or as modified by the
Director of Community Development in accordance with this Exhibit. The
Director of Community Development may also approve minor modifications
to plans during plan check if such modifications are to be consistent with the
provisions of the Tustin City Code and other applicable codes.
Approval of Tentative Tract Map 16481 is contingent upon the applicant
returning to the Community Development Department a notarized
"Agreement to Conditions Imposed" form and the property owner signing
and recording with the County Clerk-Recorder a notarized "Notice of
Discretionary Permit Approval and Conditions of Approval" form. The forms
shall be established by the Director of Community Development, and
evidence of recordation shall be provided to the Community Development
Department.
As a condition of approval of Tentative Tract Map 16481, the applicant shall
agree, at its sole cost and expense, to defend, indemnify, and hold
harmless the City, its officers, employees, agents, and consultants, from
any claim, action, or proceeding brought by a third-party against the City, its
officers, agents, and employees, which seeks to attack, set aside,
challenge, void, or annul an approval of the City Council, the Planning
Commission, or any other decision-making body, including staff, concerning
this project. The City agrees to promptly notify the applicant of any such
claim or action filed against the City and to fully cooperate in the defense of
any such action. The City may, at its sole cost and expense, elect to
participate in defense of any such action under this condition.
(5)
(6)
(7)
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
Exhibit A of Resolution No. 3912
Tentative Tract Map 16481
Page 2
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Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified or prior to the recordation of a final map, subject
to review and approval by the Community Development Department and
City review required pursuant to the Disposition and Development
Agreement for Prospect Village.
Approval of Tentative Tract Map 16481 shall become null and void in the
event that the City Council does not approve the Disposition and
Development Agreement (DDA) in case of default by the developer or
termination by the City, including, but not limited to, the City's approval of
any final maps not completed at the time of default or termination.
Approval of Tentative Tract Map 16481 shall become null and void in the
event that City Council does not approve Zone Change 03-002, Tentative
Tract Map 16481, or if conditions of the DDA for the project are violated.
Approval of Tentative Tract Map 16481 shall become null and void in the
event that Community Development Director does not issue a Certificate
of Appropriateness for the project.
This development is subject to the applicant's fulfillment of all provisions
of DDA.
1,10 The development of the project authorized by Tentative Tract Map 16481
shall be in accordance with the FEIR Mitigation Monitoring Program, Zone
Change 03-002, and Design Review 03-012 as approved by Resolution
Nos. 3910, 3911, and 3913 which are incorporated herein by reference,
as though fully set forth in the DDA.
(1 )
DECLARATION OF COV~TS. CONDITIONS & RESTRICTIONS (~
(1 )
2,1
Prior to issuance of building permits or recordation of the final map,
whichever occurs first, all organizational documents for the project
inCluding Covenants, Conditions, and Restrictions (CC&Rs) shall be
submitted to and approved by the Community Development Department
and the City Attorney. The applicant is responsible for costs associated
with the review of these documents. The approved CC&Rs shall be
recorded prior to, or concurrently with, recordation of the final map. A copy
of the final documents shall be submitted to the Community Development
Department within five (5) days after their recordation. These provisions
shall include, but not be limited to, the following:
a.
No dwelling unit in the development shall be sold or a Certificate of
Occupancy issued, unless a homeowners association has been
legally formed with the right to assess all these properties which are
jointly owned or benefited to operate and maintain all other mutually
available features of the development including, but not limited to,
open space, amenities, landscaping, private streets, and utilities.
~
( ,
Exhibit A of Resolution No. 3912
Tentative Tract Map 16481
Page 3
b.
The City shall be included as a party to the CC&Rs for enforcement
purposes of those CC&R provisions in which the City has interest, as
reflected in the following provisions. However, the City shall not be
obligated to enforce the CC&Rs.
c.
The requirement that association bylaws be established.
d.
Provisions for effective establishment, operation, management, use,
repair, and maintenance of all common areas and facilities including
but not limited to, landscaped areas, walls and fences, private
roadways (i.e., walkways, sidewalks, driveways), trash enclosures,
and open space areas.
e.
Membership in the homeowners association shall be inseparable
from ownership in individual units.
f.
Architectural controls shall be provided and may include, but not be
limited to, provisions regulating exterior finishes, roof materials,
fences and walls, accessory structures such as patios, sunshades,
trellises, gazebos, awnings, exterior mechanical equipment,
television and radio antenna, consistent with the Tustin City Code.
g.
The ground floor of the Live-Work units along Prospect Avenue shall
be limited to retail uses specifically noted in the Planned Community
regulations (Attachment A of Resolution No. 9311).
Retail/Professional office uses are permitted on the ground floor of
the Live-Work units facing the alley (Prospect Lane) limited to uses
specified in the Planned Community regulations (Attachment - A of
Resolution No. 3911). (DDA)
h.
At the minimum ten (10) of the twelve (12) Live-Work units shall be
owner/retail proprietor occupancy on all floors. (DDA)
i.
Maintenance standards shall be provided for applicable items listed
in Section D. Examples of maintenance standards are shown below:
1.
All common area landscaping and private areas visible from
any public way shall be properly maintained such that they
are evenly cut, evenly edged, free of bare or brown spots,
debris, and weeds. All trees and shrubs shall be trimmed so
they do not impede vehicular or pedestrian traffic. Trees
shall be pruned so they do not intrude into neighboring
properties and shall be maintained so they do not have
droppings or create other nuisances to neighboring
properties. All trees shall also be root pruned to eliminate
exposed surface roots and damage to sidewalks, driveways,
and structures.
Exhibit A of Resolution No. 3912
Tentative Tract Map 16481
Page 4
k.
j.
k.
2.
All private roadways, sidewalks, and open space areas shall
be maintained so that they are safe for users. Significant
pavement cracks, pavement distress, excessive slab
settlement, abrupt vertical variations, and debris on travel
ways should be removed or repaired promptly.
3.
Common areas shall be maintained in such a manner as to
avoid the reasonable determination of a duly authorized
official of the City that a public nuisance has been created
by the absence of adequate maintenance such as to be
detrimental to public health, safety, or general welfare.
Homeowners association approval of exterior improvements
requiring a building permit shall be obtained prior to requesting a
building permit from the City of Tustin Community Development
Department. All plans for exterior improvements shall conform to
requirements set forth by the City and the CC&Rs.
No private open space would be provided for the Live-Work Units;
areas within Lot A surrounding Lots 2 through 13 will be common
open space.
The approved "Site Plan" shall be made part of the CC&Rs and
shall be enforced by the homeowners association. In addition to
the exhibit, provisions regarding parking shall be included in the
CC&Rs, including the following:
1.
All units are required to maintain a two-car garage.
2.
A minimum of three (3) unassigned guest parking spaces
shall be permanently maintained in locations shown on the
site plan.
3.
Residents shall not store or park any non-motorized
vehicles, trailers, or motorized vehicles that exceed 7 feet
high, 7 feet wide, and 19 feet long in any parking space,
driveway, or private street area except for the purpose of
loading, unloading, making deliveries, or emergency repairs
except that the homeowners association may adopt rules
and regulations to authorize exceptions,
4.
Residents shall park vehicles in garage spaces. Storage of
items may occur in the garages only to the extent that
vehicles may still be parked within the required garage
spaces.
~,
Exhibit A of Resolution No. 3912
Tentative Tract Map 16481
Page 5
5.
The homeowners association shall be responsible for
monitoring and enforcing all parking and traffic regulations
on private streets. The proposed CC&Rs shall include
provisions requiring the association to develop and adopt an
enforcement program for parking and traffic regulations
within the development which may include measures for fire
access and enforcement by a private security company.
6.
Trash and recycling bins shall be located on the designated
areas on Prospect Avenue and the alley twelve hours before
trash pick up day and collected twelve (12) hours after
collection.
I.
Maintenance of all common areas, drive aisle, driveways, etc., shall
be the responsibility of the homeowners association.
m.
Television and radio antennas shall be installed in accordance with
the requirements of the Tustin City Code.
n.
All utility services serving the site shall be installed and maintained
underground.
o.
The homeowners association shall be required to file the names,
addresses, and telephone numbers of at least one member of the
homeowners association Board and, where applicable, a manager
of the project before January 1 st of each year with the City of
Tustin Community Development Department for the purpose of
contacting the association in the case of emergency or in those
cases where the City has an interest in CC&R violations,
p.
The homeowners association shall be responsible for establishing
and following procedures for providing access to public utilities for
maintenance of their facilities within the project area, subject to
those agencies' approval.
q.
No amendment to alter, modify, terminate, or change the
homeowners association's obligation to maintain the common
areas and the project perimeter wall or other CC&R provisions in
which the City has an interest, as noted above, or to alter, modify,
terminate, or change the City's right to enforce maintenance of the
common areas and maintenance of the project perimeter wall, shall
be permitted without the prior written approval of the City of Tustin
Community Development Department.
HOMEBUYER NOTIFICATION
(1 )
3,1
Prior to issuance of building permits or recordation of the final map,
whichever occurs first, the subdivider shall submit to the Community
Exhibit A of Resolution No. 3912
I .
Tentative Tract Map 16481
Page 6
Development Department for review and approval a homebuyer
notification document that includes the notifications listed below. The
notification document shall be signed by each homebuyer prior to final
inspection and occupancy, and a copy of the signed notification shall be
provided to the Community Development Department prior to final
inspection and/or issuance of each Certificate of Occupancy.
A.
A notice for potential roadway noise and airport noise that may
impact the subdivision, including roadway noise associated with
Main Street which is a primary four (4) land road and Prospect
Avenue which is a secondary two (2) lane road and potential noise
and activity associated with the adjacent commercial buildings and
operation of the ground floor retail or office uses in the commercial
building and Live-Work units. .
B.
A notice regarding units that are adjacent to aboveground utilities
or structures (such as street light standards and fire hydrants)
identifying the type of structure and their locations.
C.
A notice indicating that any use of Live-Work Units shall be in
accordance with the requirements of the Planned Community
Regulation and subject to the City's Business License regulations
and Home Occupation Ordinance.
E.
A notice indicating the development standards associated with the
live/work units.
F.
A notice explaining and providing a copy of a "Common Area Open
Space Exhibit."
G.
A notice explaining and providing a copy of the approved "Guest
Parking Exhibit" and related CC&R provisions.
H.
A notice of existing and future improvements and developments in
the area, including nearby non-residential uses.
I.
A notice that Tustin is subject to aircraft overflights into John
Wayne airport.
J.
A notice that the adjacent commercial building will contain a
restaurant use (approximately 3,000 square feet). with an outdoor
dining area.
K.
A notice that street parking would not be permitted on Prospect
Avenue during trash pick up hours.
/~,
Exhibit A of Resolution No. 3912
Tentative Tract Map 16481
Page 7
MAPPING AND INFRASTRUCTURE
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Prior to issuance of building permits, the project applicant shall submit the
site plan to the Orange County Fire Authority to demonstrate adequate
emergency vehicle access will be provided at all times.
The Subdivider shall satisfy dedication and/or reservation requirements as
applicable, including but not limited to, dedication of all required street and
flood control right-of-way easements, vehicular access rights, sewer
easements and water easements defined and approved as to specific
locations by the City Engineer and other agencies.
Through a reimbursement agreement with the City, the developer shall
design and reconstruct Prospect Avenue adjacent to the project site
consistent with current City standards. The developer shall construct
public improvements including sidewalk, curb and gutter, street light,
landscaping, and any missing improvements along the project frontage to
the centerline of Prospect Avenue.
Through a reimbursement agreement with the City, the developer shall
remove and replace sidewalk, curb and gutter, and landscape and install
street lights along the project frontage on Third Street.
Through a reimbursement agreement with the City, the developer shall
construct improvements in the public alley consistent with the City plans
for the East Alley Improvements. In addition, the easement held by the
City on a portion of the public alley between Main Street and Third Street
and defined in Attachment 1 of the Disposition and Development
Agreement shall be granted in fee to the City and shall be consistent with
the approved legal description submitted and approved by the Public
Works Department.
Through a reimbursement agreement with the City, the developer shall
design and construct a brick paver crosswalk on Prospect Avenue at Main
Street.
The backflow prevention devices shall be installed in accordance with
applicable standards and codes and shall be installed within an easement
of suitable size to allow for unobstructed access, inspection, testing, and
maintenance.
Upon recordation of final tract map, the applicant shall obtain new
addresses from the Engineering Division.
Prior to the approval of a subdivision map (except for financing and
conveyance purposes), the project applicant shall design and construct a
local drainage collection system designed for a minimum 10-year storm
frequency except in sump conditions where a 25-year storm frequency shall
Exhibit A of Resolution No. 3912
Tentative Tract Map 16481
Page 8
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be used. Secondary discharge outlets shall be provided for all sump inlet
conditions. Design shall be in accordance with the City of Tustin and County
of Orange standards,
4,10 Improvement plans shall be reviewed and approved by the Orange County
Fire Authority (OCFA) for fire protection purposes. The adequacy and
reliability of water system design and the distribution of fire hydrants will be
evaluated. The water distribution system and appurtenance shall conform
to the applicable laws and adopted regulations enforced by the Orange
County Health Department.
4,11 Prior to issuance of a grading permit, building permit, or submittal of the
final map, whichever comes first, the subdivider shall identify type and class
of water main and laterals.
4,12 Prior to issuance of a grading permit, building permit, or submittal of the
final map, whichever comes first, all proposed utility points of connection
shall be clearly shown on the utility plans. An internal looped water system
shall have at least two (2) points of connection to the City's water system.
The design of the looped water system shall be to the satisfaction of the
City Engineer. Street stations at connection points to these mainlines shall
be identified.
4,13 Prior to final map approval, the subdivider shall submit:
A.
B.
A current title report; and,
A duplicate mylar of the Final Map, or 8 % inch by 11 inch
transparency of each map sheet prior to final map approval and "as
built" grading, landscape, and improvement plans prior to Certificate
of Acceptance.
(1 )
4,14 Prior to recordation of the final map, the subdivider shall execute a
subdivision and monumentation agreement and furnish the improvement
and monumentation bonds as required by the City Engineer.
(1 )
4,15 In addition to the normal full-size plan submittal process, all final
development plans including, but not limited to: tract maps, parcel maps,
right-of-way maps, records of survey, public works improvements, private
infrastructure improvements, final grading plans, and site plans shall be
submitted to the Public Works Department/Engineering Division in
computer aided design and drafting (CADD) format. The standard file
format is AutoCAD Release 2004 having the extension DWG. Likewise,
layering and linetype conventions are AutoCAD-based (latest version
available upon request from the Engineering Division). In order to
interchangeably utilize the data contained in the infrastructure mapping
system, CADD drawings must be in AutoCAD "DWG" format (i.e.,
produced using AutoCAD or AutoCAD compatible CADD software). The
most current version of AutoCAD is Release 2004. Drawings created in
Exhibit A of Resolution No. 3912
Tentative Tract Map 16481
Page 9
FEES
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AutoCAD Release 2004 is compatible and acceptable.
The CADD files shall be submitted to the City at the time the plans are
approved and updated CADD files reflecting "as built" conditions shall be
submitted once all construction has been completed, The subdivision
bonds will not be released until the "as built" CADD files have been
submitted.
The applicant shall submit to the City of Tustin a fee for the review of
Covenants, Conditions, and Restrictions (CC&Rs) and homebuyer
notifications at the time of submittal. The review fee includes one initial
check and recheck of the document. If subsequent review is required, an
hourly fee of $190 per hour (or the rate in effect at the time of submittal) for
the City Attorney and $50 per hour (or the rate in effect at the time of
submittal) for staff review shall be submitted.
The applicant shall pay fees in lieu of parkland dedication of a minimum of
.0065 acre per dwelling unit. The value of the amount of such fees shall
be based upon the requirements of Section 9331.d.3 of the Tustin City
Code.
Within forty-eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
cashier's check payable to the COUNTY CLERK in the amount of forty-
three dollars ($43.00) to enable the City to file the appropriate
environmental documentation for the project. If within such forty-eight
(48) hour period the applicant has not delivered to the Community
Development Department the above-noted check, the statute of
limitations for any interested party to challenge the environmental
determination under the provisions of the California Environmental Quality
Act could be significantly lengthened.
ATTACHMENT G
Resolution No. 3913
RESOLUTION NO, 3913
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN APPROVING DESIGN REVIEW 03-012 AUTHORIZING
CONSTRUCTION OF A 9,300 SQUARE FOOT COMMERCIAL BUILDING
AND TWELVE (12) LIVE-WORK UNITS AND SITE AMENITIES, AND A
REDUCTION IN THE NUMBER OF OFF-STREET PARKING SPACES ON
THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF MAIN
STREET AND PROSPECT AVENUE
The Planning Commission of the City of Tustin does hereby resolve as follows:
I.
The Planning Commission finds and determines as follows:
A.
A proper application for Design Review 03-012 was submitted by Prospect
Village, LP, a California Limited Partnership (formerly known as Pelican
Center LLC), requesting approval to construct a 9,300 square foot
commercial building and twelve (12) live/work units and a reduction in off-
street parking requirements at the northwest corner of Main Street and
Prospect Avenue.
B.
A public hearing was duly called, noticed, and held for said application on
April 26, 2004, by the Planning Commission;
C.
The proposed project is located within the General Plan "Old Town
Commercial" land use designation, which supports the development of
retail, restaurant, office, and residential uses, The site is currently within
the Central Commercial and Parking Overlay (C2-P) zoning district and
would be located within a Planned Community District and subject to the
Prospect Village Planned Community District Regulations, if Zone Change
03-002 is adopted by the City Council on May 17, 2004, The building
intensity, density, and design of the proposed project are consistent with
the proposed regulations of the Planned Community District.
The applicant has requested approval of Tentative Tract Map 16481 in
conjunction with Design Review 03-012 to create the building sites shown on
the submitted development plans; findings and conditions of approval
related to conversion of an easement over a portion of the public alley to
fee title and construction of infrastructure improvements necessary to
support the project have been included in Resolution No. 3912.
D.
E.
Pursuant to Section 9272 of the Tustin Municipal Code, the Planning
Commission finds that the location, size, architectural features, and general
appearance of the proposed development will not impair the orderly and
harmonious development of the area, the present or future development
therein, or the occupancy as a whole. In making such findings, the
Commission has considered at least the following items:
Exhibit A of Resolution No. 391{3
DR 03-012
Page 2
1. Height, bulk, and area of buildings: The proposed height, massing, and
size of the buildings are compatible with existing commercial buildings
surrounding the site, which include two-story commercial buildings with
flat roofs and brick parapets.
2. Setbacks and site planning: The proposed building setbacks are
compatible with other commercial developments in Old Town with zero
setbacks along Main Street and Prospect Avenue, which is common in
urban settings.
3. Exterior materials and colors: The proposed materials such as brick
veneer, dentil cornice, stone window and door heads are compatible
with existing architectural materials in existing buildings within Old
Town Tustin.
4. Type and pitch of roofs: The proposed architecture contains flat roofing
and parapet with a decorative cornice, similar to other commercial
buildings along Main Street.
5. Size and spacing of windows, doors, and other openings: The
proposed window and door styles (i.e" double hung windows with
decorative mullions, and large storefront) and window accents such as
brick/stone door and window heads, brick windows sills, awnings, and
shutters) are consistent with the features of existing buildings in Old
Town Tustin.
6, Towers, chimneys, roof structures, flagpoles, radio and television
antennae: The proposed pyramid shape towers at the corners provide
architectural relief and interest and are integrated to accent the corners
and define the boundaries of the project.
7. Location, height, and standards of exterior illumination: Exterior
illumination for the project is provided by street lighting along
Prospect Avenue, Prospect Lane (public alley), and Main Street, and
by building-mounted lighting that is appropriate for the area; as
conditioned, no lighting will spill over onto other properties.
8. Landscaping, parking area design, and traffic circulation: Similar to
other buildings within Old Town that are located in close proximity to
the property lines, limited landscaping would be provided; however,
tenants would have the opportunity to set pots or planters in front of
the buildings to provide greenery. In addition, the developer would
be required to install street trees along the project perimeter. Parking
in the commercial building is tucked under the second floor and not
visible from Main Street. Access to live/work units is provided from the
public alley and does not impede traffic on Main Street.
9. Location and appearance of equipment located outside an enclosed
structure: All equipment would be located within an enclosed structure
and integrated within the building design.
10. Location and method of refuse storage: The trash enclosure of the
commercial building would be integrated into the first floor of the
building and refuse collection for the live/work units would be similar to
a residential development.
11. Physical relationship of proposed structures to existing structures in the
neighborhood: The proposed commercial building is compatible with
;-
~
Exhibit A of Resolution No. 3913
DR 03-012
Page 3
the existing structures in that the a zero foot setback from the Main
Street right-of-way is maintained, the building is two stories in height
(approximately 34 feet) similar to commercial buildings to the west of
the site, and designed with a flat roof and brick parapet that follows
similar massing and storefront along Main Street. The Live/Work units
are three stories (ranging from 36 feet to 39 feet in height including
parapets) and designed with similar features to continue the
commercial street frontage on Prospect Avenue and a more residential
character with sloped roof for third floor along the public alley. The
project would provide a consistent urbar¡l theme compatible with the
surrounding buildings and would retain a pedestrian scale along the
storefronts.
12. Appearance and design relationship of proposed structures to existing
structures and possible future structures in the neighborhood and
public thoroughfares: The proposed design features of the buildings
are consistent with the existing buildings in Old Town Tustin in that
similar height, massing, and materials are proposed along the public
thoroughfares,
13. Proposed signage: Although no sign plans have been submitted for the
project, future proposals for the signs would be reviewed in accordance
with Tustin Sign Code, which requires compatibility with the building
architecture and materials.
14. Development Guidelines and criteria as adopted by the City Council:
The proposed project would implement General Plan goals and policies
and the Town Center Redevelopment Plan in that the project would
develop a vacant and underutilized site for a mixed-use project,
eliminate delay and uncertainties regarding future development of the
site, stimulate private investment and demonstrate economic viability
in the Old Town commercial area, increase the amount of specialty
retailing and commercial development in the core of the Old Town
commercial area to enhance its urban character and provide long-
term economic viability, expand the niche market character of the Old
Town commercial area by providing a balanced mix of new retail and
commercial uses, increase the number of residential units in the
Town Center Redevelopment Project Area while reflecting a high-
quality urban character, develop ground floor specialty retailing
configurations, provide a high-quality restaurant along with outdoor
patio dining to enliven the pedestrian environment along Main Street,
create a financially viable commercial mixed-used development with
minimum public subsidy, create construction jobs and permanent
jobs in the Town Center Redevelopment Project Area, increase the
property tax increment and sales tax revenues for ongoing economic
development activities in the Old Town commercial area including
business retention and outreach programs, façade improvement
programs, and community facility projects. The project would also be
consistent with the Prospect Village Planned Community District
Regulations, if adopted by the City Council, and other general
development standards contained within the Tustin City Code. In
Exhibit A of Resolution No. 3913
DR 03-012
Page 4
II.
addition, the developer would be required to obtain a Certificate of
Appropriateness prior to issuance of permits.
F.
Pursuant to Tustin City Code Section 9271aa, the reduction in off-street
parking from ninety-two (92) spaces to sixty-two (62) spaces for
commercial uses to support the commercial building and live/work units,
as conditioned, is appropriate based upon the findings of the Shared
Parking Evaluation (Appendix F of FEIR), which was prepared by a
licensed traffic engineer and utilized the methodology promulgated by the
Institute of Transportation Engineers (ITE). The evaluation found that the
provision of three (3) on-site parking spaces and fifty-nine (59) off-site
parking spaces to be provided at the Main Street Water Facility, within 300
feet of the project, will be sufficient for the anticipated demand of the
project. As conditioned, the developer will be required to obtain a lease
from the City for fifty-nine (59) off-site parking spaces at the City's Main
Street Water Facility in accordance with Tustin City Code Section
9252j3(d)(3) or provide alternative parking to support the project.
G.
In accordance with the provisions of the California Environmental Quality
Act (CEQA), a Final Environmental Impact Report (FEIR) has been
prepared and all mitigation measures have been included as conditions of
approval. The FEIR was considered by the Planning Commission prior to
considering approval of Design Review 03-012. By adopting Resolution
No, 3910, the Planning Commission has determined that the FEIR is
complete and certified the Prospect Village Environmental Impact Report
and adopted a Statement of Overriding Considerations and Mitigation
Monitoring Program for the purpose of approving Design Review 03-012.
The Planning Commission hereby approves Design Review 03-012, authorizing
construction of a 9,300 square foot commercial building and twelve (12) live/work
units and a reduction in off-street parking requirements, subject to the conditions
contained in Exhibit A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held
on the 26th day of April, 2004.
JERRY AMANTE
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Exhibit A of Resolution No. 3913
DR 03-012
Page 5
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 3913 duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 26th day of April, 2004.
ELIZABETH A. BINSACK
Planning Commission Secretary
GENERAL
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EXHIBIT A
DESIGN REVIEW 03-012
RESOLUTION NO, 3913
CONDITIONS OF APPROVAL
The proposed project shall conform with the submitted plans for the project
date stamped April 26, 2004, on file with the Community Development
Department, except as herein modified, or as modified by the Director of
Community Development in accordance with this Exhibit and City review
required pursuant to Disposition and Development Agreement for the
project. The Director of Community Development may also approve minor
modifications to plans during plan check if such modifications are consistent
with the provisions of the Tustin City Code, other applicable codes, and all
requirements of the DDA.
Approval of Design Review 03-012 is contingent upon the applicant
returning to the Community Development Department a notarized
"Agreement to Conditions Imposed" form and the property owner signing
and recording with the County Clerk-Recorder a notarized "Notice of
Discretionary Permit Approval and Conditions of Approval" form. The forms
shall be established by the Director of Community Development, and
evidence of recordation shall be provided to the Community Development
Department.
As a condition of approval of Design Review 03-012, the applicant shall
agree, at its sole cost and expense, to defend, indemnify, and hold
harmless the City, its officers, employees, agents, and consultants, from
any claim, action, or proceeding brought by a third party against the City,
its officers, agents, and employees, which seeks to attack, set aside,
challenge, void, or annul an approval of the City Council, the Planning
Commission, or any other decision-making body, including staff,
concerning this project. The City agrees to promptly notify the applicant of
any such claim or action filed against the City and to fully cooperate in the
defense of any such action. The City may, at its sole cost and expense,
elect to participate in defense of any such action under this condition.
Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified or prior to the issuance of any grading or building
permits for the project, as applicable, subject to review and approval by the
Community Development Department and City review required pursuant to
the DDA.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
*** EXCEPTION
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(5)
(5)
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Exhibit A of Resolution No. 3913
DR 03-012
Page 2
(1 )
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Approval of Design Review 03-012 shall become null and void in the event
that the City Council does not approve the Disposition and Development
Agreement (DDA) in case of default by the developer or termination by the
City, including, but not limited to, the City's approval of any final plans not
completed at the time of default or termination.
(1 )
1,6
Approval of Design Review 03-012 will become null and void in the event the
City Council does not approve Zone Change 03-002, Tentative Tract Map
16481, or if conditions of the DDA for the project are violated.
1,7
Approval of Design Review 03-012 shall become null and void in the event
that the Community Development Director does not issue a Certificate of
Appropriateness for the project.
1,8
The subject project approval shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
within the time frames identified in the schedule of performance contained in
the DDA. All time extensions may be considered if a written request is within
thirty (30) days prior to expiration and processed in accordance with the
provisions of the DDA.
1,9
Issuance of Certificates of Use and Occupancy shall be limited to all
requirements contained in the DDA and pursuant to this entitlement
approval and all conditions incorporated herein as a condition of this
entitlement as though fully set forth herein.
1,10 This development is subject to the applicant's fulfillment of all provisions of
DDA.
1,11 The development of the project authorized by Design Review 03-012 shall
be in accordance with the FEIR Mitigation Monitoring Program, Tentative
Tract Map 16481, and Zone Change 03-002, as approved by Resolution
Nos, 3910, 3911, and 3912 which are incorporated herein by reference, as
though fully set forth in the DDA.
(1 )
1,12 Any violation of any of the conditions imposed is subject to the payment of a
civil penalty of $100.00 for each violation, or such other amounts as the City
Council may establish by ordinance or resolution, and for each day the
violation exists, subject to the applicable notice, hearing, and appeal process
as established by the City Council ordinance.
1 ,13 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
Exhibit A of Resolution No. 3913
DR 03-012
Page 3
GRADING PLAN SUBMITTAL
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Seven (7) sets of grading plans consistent with the site and landscaping
plans as prepared by a registered civil engineer shall be submitted and shall
include the following:
. Technical details and plans for all utility installations including
telephone, gas, water, and electricity.
. Three (3) copies of a precise soils report (less than one (1) year old)
provided by a civil engineer. Expanded information regarding the levels
of hydrocarbons and ground water contamination found on-site shall
be provided in the soils report. All pavement "R" values shall be in
accordance with applicable City of Tustin standards.
. All site drainage shall be handled on-site and shall not be permitted to
drain onto adjacent properties,
. Two (2) copies of Hydrology Report.
A surety/cash bond will be required to assure work is completed in
accordance with approved plans prior to permit issuance. The engineer's
estimated cost of the grading, drainage, and erosion control shall be
submitted to the Building Official for determination of the bond amount.
Authorization of all easement holders shall be provided prior to issuance of a
rough grading permit.
The engineer of record shall submit a final compaction report to the
Building Division for review and approval prior to the issuance of a building
permit.
The engineer of record shall submit a pad certification to the Building
Division for review and approval prior to the issuance of a building permit.
WATER QUALITY
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(1 )
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This development shall comply with all applicable provisions of the City of
Tustin Water Quality Ordinance and all Federal, State, and Regional
Water Quality Control Board rules and regulations.
Prior to issuance of any permits, the applicant shall submit for approval by
the Community Development and Public Works Departments a Water
Quality Management Plan (WQMP) specifically identifying Best
Management Practices (BMPs) that will be used on-site to control
predictable pollutant run-off. This WQMP shall identify the structural and
non-structural measures specified detailing implementation of BMPs
whenever they are applicable to the project; the assignment of long-term
maintenance responsibilities (specifying the developer, parcel owner,
maintenance association, lessee, etc.); and, reference to the location(s) of
structural BMPs.
3,2
Exhibit A of Resolution No. 3913
DR 03-012
Page 4
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Prior to submittal of a Water Quality Management Plan (WQMP), the
applicant shall submit a deposit of $2,700 for the estimated cost of review of
the WQMP to the Building Division. The actual costs shall be deducted from
the deposit, and the applicant shall be responsible for any additional review
cost that exceeded the deposit prior to issuance of grading permits. Any
unused portion of the deposit shall be refunded to the applicant.
Prior to issuance of any permits, the property owner shall record a Notice of
Water Quality Management Plan (WQMP) with the County Clerk Recorder
on a form provided. by the Community Development Department to inform
future property owners of the requirement to implement the approved
WQMP.
The Community Development and Public Works Departments shall
determine whether any change in use requires an amendment to an
approved Water Quality Managemént Plan.
Prior to issuance of grading permits, the applicant shall submit a copy of
the Notice of Intent (NOI) indicating that coverage has been obtained
under the National Pollutant Discharge Elimination System (NPDES) State
General Permit for Storm Water Discharges Associated with Construction
Activity from the State Water Resources Control Board. Evidence that the
NOI has been obtained shall be submitted to the Building Official. In
addition, the applicant shall include notes on the grading plans indicating
that the project will be implemented in compliance with the Statewide
Permit for General Construction Activities.
An erosion and sedimentation control plan shall be submitted for review and
approval to the Building Official prior to issuance of grading permits. A
variety of best management practices as identified in the City's Best
Management Practices Handbook and devices such as desilting basins,
check dams, cribbing, rip rap, watering, and other methods shall be included
on the plan, implemented, and maintained on an ongoing basis to control
water and wind-related erosion and prevent sedimentation from entering the
storm drain system, adjacent properties, or rights-of-way.
A variety of best management practices as identified in the City's Best
Management Practices Handbook shall be implemented on an ongoing
basis during construction to protect surface waters and prevent wastes or
pollutants from moving off-site during a storm. Potential pollutants include,
but are not limited to, paints, stains, sealants, glues, fuels, oils, lubricants,
fertilizers, etc. Disposal of such materials shall occur in a specified and
controlled temporary area on-site, physically separated from potential storm
water run-off, with ultimate disposal in accordance with local, State, and
Federal regulations.
Prior to issuance of grading permits, the applicant shall post with the
Public Works Department a minimum $2,500 cash deposit or letter of
credit to guarantee the sweeping of streets and clean-up of streets
Exhibit A of Resolution No. 3913
DR 03-012
Page 5
(1)
(1)
(2)
(1 )
affected by construction activities. In the event this deposit is depleted
prior to completion of development, an additional incremental deposit will
be required.
3,10 Earth, sand, gravel, rock, stone, or other excavated material or debris may
not be deposited or moved so as to cause the same to be deposited upon
or roll, blow, flow, or wash upon or over any public place or right-of-way or
the premises of another without the express written consent of the owner.
3,11 When loading or transporting any earth, sand, ground, rock, stone, or
other excavated material or debris, such material shall be prevented from
blowing or spilling onto the public right-of-way or adjacent private property.
The applicant shall be responsible for maintaining public rights-of-way in a
condition reasonably free of dust, earth, or debris attributed to the grading
operation. If any debris is deposited within the right-of-way or adjacent
property, the applicant shall be responsible for removing the material
immediately.
3,12 The applicant shall comply with all City policies regarding short-term
construction emissions, including periodic watering of the site and prohibiting
grading during second stage smog alerts and when wind velocities exceed
15 miles per hour.
3,13 A note shall be provided on final plans that a six (6) foot high chain link fence
shall be installed around the site prior to grading and building construction
stages. A nylon fabric or mesh shall be attached to the temporary
construction fencing, Gated entrances shall be permitted along the perimeter
of the site for construction vehicles.
BUILDING PLAN SUBMITTAL
4,1
At the time of building permit application, the plans shall comply with the
latest adopted codes, City Ordinances, and State and Federal laws and
regulations. The City is currently using the 2001 California Building Code
(CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing
Code (CPC), 2001 California Electrical Code (CEC), California Title 24
Accessibility Regulations, and Title 24 Energy Regulations.
(3)
(1)
4,2
Building plan check submittal shall include the following:
. Seven (7) sets of construction plans, including drawings for
mechanical, plumbing, and electrical.
. Two (2) copies of structural calculations.
. Two (2) copies of Title 24 energy calculations.
. Elevations that include all proposed dimensions, materials, colors,
finishes.
. Roofing material shall be fire rated class liB" or better.
. Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of record,
Exhibit A of Resolution No. 3913
DR 03-012
Page 6
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(3) 4,5
(3) 4,6
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. Rooftop equipment shall be installed and maintained at least six (6)
inches below the parapet so the equipment is not visible from the public
right-of-way or adjacent properties,
. Details of all proposed lighting fixtures and a photometric study showing
the location and anticipated pattern of light distribution of all proposed
fixtures.
. A letter of acceptance from Federal Disposal for location of the proposed
trash enclosures, All trash enclosures shall be constructed in accordance
with th'e City's standard detail and the requirements of Federal Disposal
and shall be adequately screened.
The plans submitted shall indicate that restrooms are accessible to persons
with disabilities as per State of California Accessibility Standards (Title 24).
Plumbing fixture units are required to comply with the 2001 California
Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy,
or as approved by the Building Official.
Openings in exterior walls shall not be permitted less than five (5) feet from
property lines, 2001 California Building Code (Table 5A).
Escape and rescue windows shall be provided in all sleeping rooms in
accordance with the 2001 California Building Code (Section 310.4).
The residential units shall be provided with heating facilities capable of
maintaining a temperature of 70 degrees at a point three (3) feet above the
floor in all habitable rooms, 2001 California Building Code (Section 310.11).
Vehicle parking, primary entrance to the building, the primary paths of travel,
cashier space, sanitary facilities, drinking fountain, and public telephones
shall be accessible to persons with disabilities.
Parking for disabled persons shall be provided with an additional five (5) foot
loading area with striping and ramp; disabled persons shall be able to park
and access the building without passing behind another car. At least one (1)
accessible space shall be van accessible served by a minimum 96 inch wide
loading area.
An area analysis shall be submitted for all buildings (residences and
garages). Submitted plans shall demonstrate compliance with allowable floor
areas based on 2001 California Building Code Chapter 5, Table 5-8.
4,10 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire
Code, street numbers shall be displayed in a prominent location on the
street side of all buildings. The numerals shall be no less than six (6) inches
in height and shall be of contrasting color to the background to which they
are attached and illuminated during hours of darkness.
(1 )
(3)
4,11 All new glass doors and windows, in or adjacent to doors, shall be tempered
in accordance with the 2001 California Building Code Section 2406.4.
Exhibit A of Resolution No. 3913
DR 03-012
Page 7
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4,12 Water heaters shall not be installed in a closet or other confined space
opening into a bedroom.
4,13 A level floor or landing shall be provided at all commercial and retail doors.
This area shall have a minimum length of 60 inches in the direction of the
door swing and 48 inches in the opposite direction of the door swing.
4.14 No demolition permits shall be issued until building permits have been
issued for replacement structures in accordance with Section 9252(i)(3), and
the applicant shall obtain a Certificate of Appropriateness prior to issuance
of building permits.
4.15 Approval of the Orange County Fire Authority regarding access, fire lanes,
fire flows, fire hydrants, sprinkler system, and hazardous materials shall be
obtained prior to issuance of a building permit.
4,16 AIL information necessary to ensure compliance with requirements of the
Orange County Fire Authority shall be submitted, including information
regarding fire flows and installation of fire hydrants, and shall be subject to
review and approval by the City of Tustin Public Works Department and/or
Irvine Ranch Water District.
4,17 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, live/work unit 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 live/work units. Open parking spaces in the
live/work development shall be a minimum of nine (9) feet in width by
twenty (20) feet in depth. Up to a two (2) foot overhang may be permitted
into a landscape planter or sidewalk area provided the sidewalk has
sufficient width to comply with accessibility requirements.
ENVIRONMENTAL COMPLIANCE
(1 )
5,1
All mitigation measures identified in the Final Environmental Impact
Report shall be implemented in accordance with the adopted Mitigation
Monitoring Program contained in Resolution No. 3910, including the
following:
a.
Prior to the issuance of a demolition permit, documentation of the
buildings to be removed shall be undertaken by the developer to be
approved by the City utilizing the standards of the Historic
American Building Survey (HABS), including photo-documentation
and measured drawings of the East Main and Prospect Avenue
elevations. These items, together with the Historical Resource
Technical Report, shall be added to the Tustin Area Historical
Society Museum.
Exhibit A of Resolution No. 3913
DR 03-012
Page 8
b.
If buried cultural resources, such as chipped or ground stone, historic
debris, building foundations, or human remains are inadvertently
discovered during ground-disturbing activities, work will stop in that
area and within 100 feet of the find until a qualified archaeologist can
assess the significance of the find, and, if necessary, develop
appropriate treatment measures. Treatment measures typically
include development of avoidance strategies, capping with fill
material, or mitigation of impacts through data recovery programs
such as excavation or detailed documentation. The contractor and
lead contractor compliance inspector will verify that work is halted
until appropriate treatment measures are implemented if cultural
resources are discovered during construction activities. Concurrence
from the City on measures to be implemented before resuming
construction activities in the area of the find will be obtained.
c.
The applicant shall remove the clarifier on-site in accordance with
applicable local, State, and Federal regulations prior to obtaining a
grading permit.
d.
Any unknown contaminated soils that could be encountered on the
project site during demolition, site clearance, or construction
activities shall be removed from the project site and disposed of off-
site. The removal and disposal of these hazardous materials would
be in accordance with guidelines specified by the applicable local,
State and Federal resources agencies, including but not limited to,
the Department of Toxics Substances Control and federal
Environmental Protection Agency.
e.
If during any future demolition or remodeling activities additional
suspect materials are observed, bulk samples shall be collected of
these materials and analyzed for asbestos content. All suspect
materials at the property are Presumed Asbestos-containing
Materials (PACMs) until the asbestos content is confirmed or
denied by analytical testing,
f.
The applicant shall retain a licensed abatement contractor to
properly remove and dispose of the damaged (peeling, flaking)
lead-based paint prior to obtaining a demolition permit.
g.
The developer shall prepare a construction staging and parking
plan for review and approval by City of Tustin Public Works prior to
issuance of demolition permit. The developer or contractor shall
monitor the implementation and effectiveness of the construction
staging and parking plan during the construction phase of the
project. The plan shall include one or more of the following
potential types of traffic-related mitigation measures to ensure that
temporary disruptions to the adjacent uses and circulation within
the area are minimized:
Exhibit A of Resolution No. 3913
DR 03-012
Page 9
h.
ARCHITECTURE
.
Construction and Employee Parking: As part of the
construction staging and parking plan, the contractor shall
submit and obtain approval of a construction parking
program which reflects the schedule of construction activities
and location of construction-related parking. Locations of
available parking would be identified.
Street Circulation and Parking Measures: The contractor
may request and obtain a permit for any temporary lane
closures that may be required for adjacent roadways. The
contractor would utilize flagmen for traffic control to minimize
inconvenience and for safety of vehicles and pedestrians.
Haul Truck Routes, Queue Areas, and Deliveries: The
contractor shall provide an estimate of truck volume and
schedule. Schedule adjustments would be made to
minimize the volume during peak traffic hours. Areas would
be designated by the developer or contractor for staging of
all trucks. All earth-moving and ready-mix trucks would be
equipped with two-way radios. The trucks would follow a
City-approved route to the project site, without unnecessary
waiting.
Hours of Excavation Hauling: Heavy truck hauling
associated with excavation shall be scheduled to minimize
interference with daytime activity in the area. The hours for
excavation hauling would be determined in conjunction with
the City as part of the construction staging and parking plan.
Pedestrian Safety Measures: The contractor shall install a
construction fence around the perimeter, complying with City
requirements before excavation begins. A flagman shall be
available at all times and would be utilized whenever trucks
entering or leaving the project site may impede the flow of
traffic.
.
.
.
.
If the City Council does not approve an Off-Site Parking Agreement
for fifty-nine (59) parking spaces at the City's Main Street Water
Facility, the applicant shall present an alternative shared use
agreement to the City for review and approval prior to issuance of a
demolition permit. If the City does not approve an alternative
shared use agreement, the project shall not proceed.
All exterior treatments shall be consistent with the submitted color/material
samples and noted on all construction plans and elevations submitted for
building permit plan check, subject to review and approval by the
Community Development Department at final inspection. The developer
shall coordinate inspections with Planning staff at the time of initial
material or color application so that staff can verify compliance with the
submitted color/material board.
(4)
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Exhibit A of Resolution No. 3913
DR 03-012
Page 10
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Exact details of the exterior door/storefront, building parapet, and cornices
shall be provided on the construction plans.
All ground- and wall-mounted mechanical and electrical fixtures and
equipment shall be adequately and decoratively screened. All roof-
mounted equipment shall be 6" below parapet height. The screen shall be
integrated with the architectural design of the building. All telephone and
electrical boxes shall be indicated on the building plans and shall be
completely screened, Electrical transformers shall be located toward the
interior of the project, maintaining sufficient distance to minimize visual
impacts from the public right-of-way.
All exposed metal flashing or trim shall be painted to match the building.
No exterior down spouts or roof scuppers shall be permitted, All roof
drains shall utilize interior piping, but may have exterior outlets at the base
of buildings,
A master sign plan for the site shall be submitted prior to issuance of any
sign permit; sign permits shall not be issued until completion of the project
and a tenant obtaining zoning clearance and a business license.
All building and pole-mounted lighting shall be designed to provide a
minimum one (1) foot candle illumination in accordance with the City's
Security Code. The applicant shall provide details of all proposed lighting
fixtures and a photometric study showing the location and the anticipated
distribution pattern of light of all proposed fixtures. All new light fixtures
shall be designed with the architecture of the building and designed and
arranged as not to direct light or glare onto adjacent properties, including
the adjacent streets.
Construction drawings submitted for plan check shall incorporate
construction assemblies to accommodate the noise standards as required
by acoustical analysis.
LANDSCAPING
. (1)
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Complete landscape and irrigation plans that comply with the City of
Tustin Landscape and Irrigation Guidelines shall be submitted at plan
check. An irrigation plan shall be submitted which shows the location and
control of backflow prevention devices at the meter, pipe size, sprinkler
type, spacing, and coverage details for all equipment including efficient
irrigation systems which minimize runoff and evaporation and maximize
the amount of water which will reach the plant roots, Drip irrigation, soil
moisture sensors, and automatic irrigation systems shall be used to
increase irrigation efficiency.
All plant materials shall be installed in a healthy and vigorous condition,
typical to the species and shall be maintained in a neat and healthy
Exhibit A of Resolution No. 3913
DR 03-012
Page 11
condition. Maintenance includes, but is not limited to, support structures
(trellis, etc.), trimming, mowing, weeding, removal of litter, fertilizing,
regular watering, and replacement of dead or diseased dying plants.
Unhealthy or dead trees shall be replaced within seventy-two (72) hours
upon notification by the City.
USE RESTRICTIONS
(***) 8,1
(***) 8,2
(1) 8,3
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(***)
A minimum of ten (10) residential units shall be owner/proprietor-occupied
on all floors and shall be designated as "Restricted Units" on the approved
plans, Four (4) of these units shall be located in Sub-Area I (facing
Prospect Avenue) and six (6) of these units shall be located in Sub-Area
B-II (facing the public alley), Owners of restricted units may obtain
Redevelopment Agency and City approval to lease the retail or office
portion of the live-work unit, provided the owner secures additional parking
within 300 feet of the unit as required by Section 9252 of the Tustin City
Code, at the ratios identified in Condition 8,2 herein, and records an
instrument or agreement approved by the Agency and the City.
Pursuant to the Shared Parking Evaluation prepared for the project
(Appendix F of the Prospect Village Final Environmental Impact Report), a
total of three (3) parking spaces shall be provided within Planning Area A,
adjacent to the Main Street Commercial Building. In addition, a total of
fifty-nine (59) spaces shall be provided subject to an Off-Site Parking
Agreement between the developer and the City of Tustin, as required by
Condition 5.1 (h) herein and provided for by Tustin City Code Section
9271 aa and 9252j3, to accommodate commercial uses in the commercial
building and ground floor of the live/work units. 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).
.
.
Other uses shall provide parking at rates required by the Tustin City Code
or as determined by an approved conditional use permit.
A minimum of two (2) enclosed garage spaces shall be maintained for
each dwelling unit 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.
8.4
Parking shall be prohibited in the 20-foot wide alley.
8,5
If in the future the City determines that a parking, circulation, or noise
problem exists, the applicant shall be required to submit a new traffic/parking
Exhibit A of Resolution No. 3913
DR 03-012
Page 12
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study and implement immediate interim and permanent mitigation measures
upon review and approval by the Community Development Department and
the Public Works Department.
The installation of any exterior, freestanding vending machines, such as, but
not limited to, beverage or soda machines, candy, magazine racks, and any
other retail product is prohibited.
All outdoor furniture including, seats, tables, and trash receptacles shall be
approved in writing by the Community Development Department prior to
'installation. No resin or plastic furniture shall be permitted. Any change to
the approved design, material, or color of the outdoor furniture requires
written approval of the Community Development Department. Outdoor
seats, tables, trash receptacles, potted plants, or display of merchandise
shall not obstruct pedestrian and accessible access to the building.
No outdoor storage shall be permitted except as approved by the Director of
Community Development.
All construction operations, including engine warm-up and deliveries of
materials and equipment, shall be subject to the provisions of the Tustin
Noise Ordinance and shall take place only between the hours of 7:00 a.m.
and 6:00 p,m., Monday through Friday, and between 9:00 a.m. and 5:00
p.m. on Saturday, unless otherwise determined by the Building Official.
PUBLIC WORKS DEPARTMENT
(1 )
9,1
A separate 24-inch by 36-inch street improvement plan, as prepared by a
California Registered Civil Engineer, will be required for all construction
within the public right-of-way for Main Street, Prospect Avenue, Third
Street, and the alley adjacent to the project site. Construction and/or
replacement of any missing or damaged public improvements will be
required adjacent to this development. Said plan shall include, but not be
limited to, the following:
a.
b.
c.
d.
Curb and gutter;
Sidewalk, including curb ramps for the physically disabled;
Drive aprons;
Signing/striping plan
Street lighting;
Catch basin/storm drain laterals/connection to existing storm drain
system;
Street lighting
Domestic water facilities;
Sanitary sewer facilities;
Landscape/irrigation;
Underground utility connection; and,
Street paving.
e.
f.
g.
h.
I.
j.
k.
I.
Exhibit A of Resolution No. 3913
DR 03-012
Page 13
(1 )
(1 )
(***)
(1 )
(***)
9,2
9,3
9,4
9,5
9,6
In addition, a 24-inch by 36-inch reproducible construction area traffic
control plan, as prepared by a California Registered Traffic Engineer or
Civil Engineer experienced in this type of plan preparation, will be
required.
Prior to issuance of a grading permit, preparation of plans for and
construction of the following shall be required:
a.
All sanitary sewer facilities shall be submitted as required by the
City Engineer and local sewering agency.
b.
A domestic water system shall be designed and installed to the
standards of the City of Tustin Water Services Division. Plans shall
also be reviewed and approved by the Orange County Fire
Authority for fire protection purposes. The adequacy and reliability
of the water system design and the distribution of fire hydrants will
be evaluated. The water distribution system and appurtenances
shall also conform to the applicable laws and adopted regulations
enforced by the Orange County Health Department. Any required
reclaimed water system shall meet the standards as required by the
City of Tustin Water Services Department. Release/approval from
the East Orange County Water District shall be obtained prior to
receiving water service.
Prior to issuance of a precise grading permit, preparation and submittal of
a final grading plan showing all pertinent elevations as they pertain to the
public right-of-way along with delineating the following information is
required:
a.
b.
Final street elevations at key locations.
Final pad/finished floor elevations and key elevations for all site
grading, All pad elevations to be a minimum of 1.0 foot above base
flood elevation as defined by FEMA.
All flood hazards of record.
c.
Prior to issuance of a precise grading permit, a complete hydrology study
and hydraulic calculations shall be submitted for review and approval by
the City.
Existing sewer, domestic water, reclaimed water, and storm drain service
laterals shall be utilized whenever possible.
The developer will be required to execute a drainage agreement with the
City to accept drainage from the public right-of-way which will flow onto
the private streets and into the private storm drain system. This drainage
agreement must be recorded prior to, or concurrently with, the recordation
of the final map.
Exhibit A of Resolution No. 3913
DR 03-012
Page 14
(***)
(1)
(***)
(***)
9,7
Construction of catch basins, storm drain laterals, and junction structures
shall be provided to eliminate the need for cross gutter on public streets.
The applicant shall provide for the undergrounding of all existing and
proposed utility distribution facilities within the public rights-of-way
adjacent to the project as well as within the project, unless exempt per the
Development Code. The applicant shall be responsible for all associated
design and construction costs and coordination with each public utility.
All drive aprons shall be designed in accordance with the current Federal
Americans with Disabilities Act (ADA) requirements. The maximum cross
slope of the sidewalk shall be two percent and th8 maximum ramp slope
of the drive apron shall be ten percent.
9,10 Both horizontal and vertical intersection sight lines shall be submitted per
City of Tustin Standard No. 510 for all affected streets. The site lines
need to be shown on the grading plan, site plan, and landscape plan. All
landscaping within the limited use area will need to comply with City of
Tustin Standard No. 510. .
Stacking distance requirements in conjunction with the operation of any
security gates will need to be analyzed and submitted to the City for
review and approval. Stacking distance requirements will need to comply
with County of Orange Public Facilities and Resources Department
Standard No. 1107. Any additional stacking distance analysis shall be
prepared by a California Registered Traffic and/or Civil Engineer
experienced in this type of analysis.
(***) 9,12 This development shall be phased so that all construction access will be
taken through Third Street unless otherwise approved by the Public Works
Department. No temporary access locations will be permitted.
(1 )
(1 )
(1 )
(***)
9,8
(1)
9,9
9,11
9,13 Any damage done to existing street improvements and utilities shall be
repaired before acceptance of the tract and/or issuance of a Certificate of
Occupancy for the development on any parcel within the subdivision,
9,14 Prior to any work in the public right-of-way, an Encroachment Permit shall
be obtained from and applicable fees paid to the Public Works
Department. .
9,15 Authorization of property owners shall be provided for any work located on
adjacent properties.
9,16 In addition to the normal full-size plan submittal process, all final
development plans including, but not limited to, parcel maps, records of
survey, public works improvements, private infrastructure improvements,
final grading plans, and site plans are also required to be submitted to the
Public Works Department/Engineering Division in computer aided design
and drafting (CADD) format. The standard file format is AutoCad Release
Exhibit A of Resolution No. 3913
DR 03-012
Page 15
14 or 2000 having the extension DWG. Likewise, layering. and linetype
conventions are AutoCad-based (latest version available upon request
from the Engineering Division).
The CADD files shall be submitted to the City at the time the plans are
approved and updated CADD files reflecting "as built" conditions shall be
submitted once all construction has been completed. The subdivision
bonds will not be released until the "as built" CADD files have been
submitted.
(1 )
9,17 The Project Applicant/Contractor shall submit and obtain approval from
the Public Works Department of a Project Recycling Plan prior to the
issuance of any grading, encroachment, or building permit. The Project
Recycling Plan shall demonstrate recovery and recycling of at least fifty 50
percent of the total waste generated by the project and shall consist of the
following components:
. In a narrative form, describe efforts which will be utilized to minimize
the generation of waste during project construction;
. Provide an estimate of the total amount of waste to be generated for
the entire duration of project construction;
. Provide an estimate of the total amount of recyclable materials
generated by project construction, identified by recyclable material
type;
. Identify waste hauler(s) to be utilized during project construction.
Please note that the City has an exclusive waste collection franchise
with Federal Disposal Service of Santa Ana, No other haulers are to
be utilized pursuant to City Code Section 4322;
. Identify recyclable material processing facilities which will be utilized to
process materials generated by project construction;
. Demonstrate that no waste generated by the project will be sent
directly to any landfill;
. Prior to the final inspection or issuance of a Certificate of Occupancy,
submit a final report to the Public Works Department detailing actual
quantities of the items listed above as well as a narrative summary of
the recycling efforts implemented during the project;
. Prior to issuance of a building permit, the applicant is required to
submit recycling plans to the Public Works Department for each project
tenant which demonstrates recycling or diversion from landfills of at
least fifty (50) percent of the total waste anticipated to be generated by
each tenant; and,
. Prior to issuance of any grading, encroachment, or building permit, the
applicant is required to submit waste trash enclosure plans to the
Public Works Department which demonstrate the provision of the
adequate physical space to accommodate all planned tenant recycling
programs,
Exhibit A of Resolution No. 3913
DR 03-012
Page 16
(***) 9,18 Landscape maintenance of all on-site project landscaping shall be the
responsibility of the developer unless transferred to the individual lot
owners or a special homeowners association.
WATER SERVICE
(1 )
(1 )
(1 )
(1 )
(1 )
(1 )
10,1 Backflow devices shall be installed in accordance with applicable codes
within an easement of suitable size to allow for unobstructed access,
inspection, testing, and maintenance,
10,2 The developer shall be responsible for all costs related to the installation
of new fire hydrants, The location of new fire hydrants shall be approved
by the City of Tustin and the Orange County Fire Authority,
10,3 Hydraulic analysis of the proposed water system and ability to meet OCFA
fire flow demands shall be performed and certified by the developer.
10,4 The developer shall be responsible for all costs relating to the installation
of new domestic and fire-related water services.
10,5 The developer shall be responsible for all water connection fees.
10.6 The developer shall submit a water permit application to the East Orange
County Water District and is responsible for all applicable fees.
ORANGE COUNTY FIRE AUTHORITY
(5)
(5)
(5)
FEES
(1 )
11,1 Prior to issuance of a building permit, the applicant shall obtain approval of
the Fire Chief for all fire protection access roads to within 150 feet of all
portions of the exterior of every structure on-site. Please contact the
OCFA or visit the OCFA website for a copy of the guidelines.
11,2 Prior to issuance of a building permit, the applicant shall submit a fire
hydrant location plan to the Fire Chief for review and approval.
11,3 Prior to the issuance of a building permit, the applicant shall provide
evidence of adequate water flow. The Orange County Fire Authority Water
Availability for Fire Protection form shall be signed by City of Tustin Water
Department and submitted to the Fire Chief for approval.
12,1
Prior to issuance of any building permits, payment shall be made of all
applicable fees, including but not limited to, the following. Payment shall be
required based upon those rates in effect at the time of payment and are
subject to change.
a.
Building Division plan check and permit fees to the Community
Development Department based on the most current schedule.
Exhibit A of Resolution No. 3913
DR 03-012
Page 17
b.
Orange County Fire Authority plan check and inspection fees to the
Community Development Department based upon the most current
schedule.
c.
Orange County Sanitation District No.7 Sewer Connection Fees to
the Tustin Public Works Department at the time a building permit is
issued.
d.
East Orange County Water District fee, as established by the District
for single family residential. Proof of payment shall be provided to the
Tustin Public Works Department (Water Division) prior to domestic
water connection.
e.
Payment of the Major Thoroughfare and Bridge Fees to the Public
Works Department at the time a building permit is issued,
f,
Transportation System Improvement Program (TSIP) Benefit Area
"A" fees in the amount of $5.53 per square foot of new or added
gross square floor area of construction or improvements to the
Community Development Department.
School facilities fee to the Tustin Unified School District subject to
any agreement reached and executed between the District and the
applicant.
g.
h.
New development fees in the amount of $0.10 per square foot of
gross floor area paid to the Community Development Department.
i.
Within forty-eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
CASHIER'S CHECK payable to the County Clerk in the amount of
forty-three dollars ($43.00) to enable the City to file the appropriate
environmental documentation for the project. If within such forty-eight
(48) hour period that applicant has not delivered to the Community
Development Department the above-noted check, the statute of
limitations for any interested party to challenge the environmental
determination under the provisions of the California Environmental
Quality Act could be significantly lengthened.
,~-,
ATTACHMENT H
Resolution No. 3914
RESOLUTION NO, 3914
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN APPROVING CONDITIONAL USE PERMIT 03-012 AUTHORIZING
ESTABLISHMENT OF ON-SITE ALCOHOLIC BEVERAGE SALES IN
CONJUNCTION WITH AN APPROXIMATELY 3,000 SQUARE FOOT
RESTAURANT WITH 112 SEATS IN AN APPROXIMATELY 9,300 SQUARE
FOOT COMMERCIAL BUILDING LOCATED AT THE NORTHWEST CORNER
OF MAIN STREET AND PROSPECT AVENUE
The Planning Commission of the City of Tustin does hereby resolve as follows:
I.
The Planning Commission finds and determines as follows:
A.
That a proper application for Conditional Use Permit 03-012 was
submitted by Prospect Village, LP, a California Limited Partnership
(formerly known as Pelican Center LLC) to establish on-site alcoholic
beverage sales in conjunction with up to a 3,000 square foot restaurant
with 112 seats to be located within an approximately 9,300 square foot
commercial building at the northwest corner of Main Street and Prospect
Avenue,
B.
That a public hearing was duly called, noticed, and held for said
application on April 26, 2004, by the Planning Commission;
c.
The proposed project is located within the General Plan "Old Town
Commercial" land use designation, which supports the development of
retail, restaurant, office, and residential uses. The site is currently within
the Central Commercial and Parking Overlay (C2-P) zoning district and
would be located within a Planned Community District and subject to the
Prospect Village Planned Community District Regulations, if Zone Change
03-002 is adopted by the City Council on May 17, 2004. Alcoholic
beverage sales are conditionally permitted by the proposed regulations of
the Planned Community District.
D.
That the proposed on-site alcoholic beverage sales in conjunction with a
restaurant use will not be detrimental to the health, safety, morals, comfort,
or general welfare of the persons residing or working in the neighborhood,
nor be injurious or detrimental to the property and improvements in the
neighborhood of the subject property, or to the general welfare of the City of
Tustin, in that:
1.
The proposed use is consistent with the Alcoholic Beverage Sales
Establishment Guidelines adopted by the Planning Commission on
May 14, 2001.
~
2.
The use is in conjunction with a restaurant where food will be served
at all times when alcoholic beverages are served, As conditioned,
Resolution No. 3914
CUP 03-012
Page 2
any ancillary cocktail lounge or bar area within the restaurant shall
function as a food and beverage service bar.
3.
As conditioned, any future restaurant tenant would be required to
submit detailed operational information demonstrating compliance
with all conditions of approval. If the future restaurant tenant cannot
comply with the conditions of approval, a modification to Conditional
Use Permit 03'-012 would be required and could be considered by the
Zoning Administrator in accordance with Section 9299 of the Tustin
City Code.
E,
In accordance with the provisions of the California Environmental Quality
Act (CEQA), a Final Environmental Impact Report (FEIR) has been
prepared and all mitigation measures have been included as conditions of
approval. The FEIR was considered by the Planning Commission prior to
considering approval of Conditional Use Permit 03-012. By adopting
Resolution No. 3910, the Planning Commission has determined that the
FEIR is complete and certified the Prospect Village Environmental Impact
Report and adopted a Statement of Overriding Considerations and
Mitigation Monitoring Program for the purpose of approving Conditional
Use Permit 03-012.
II.
The Planning Commission hereby approves the establishment of alcoholic
beverage sales in conjunction with up to a 3,000 square foot restaurant with 112
seats to be located within a 9,300 square foot commercial building at the
northwest corner of Main Street and Prospect Avenue, subject to the conditions
contained in Exhibit A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held
on the 26th day of April, 2004.
JERRY AMANTE
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 3914
CUP 03-012
Page 3
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 3914 duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 26th day of April, 2004.
ELIZABETH A. BINSACK
Planning Commission Secretary
GENERAL
(1)
1,1
(1 )
1,2
(1 )
1,3
(1 )
1,4
(1 )
1,5
EXHIBIT A
CONDITIONAL USE PERMIT 03-012,
RESOLUTION NO. 3914
CONDITIONS OF APPROVAL
The proposed project shall conform with the submitted plans for the project
date stamped April 26, 2004, on file with the Community Development
Department, except as herein modified, or as modified by the Director of
Community Development in accordance with this Exhibit and City review
required pursuant to the Disposition and Development Agreement (DDA) for
the project. The Director of Community Development may also approve
minor modifications to plans during plan check if such modifications are
consistent with the provisions of the Tustin City Code, other applicable
codes, and all requirements of the DDA. .
Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified or prior to the issuance of any building permits for
the project, subject to review and approval by the Community Development
Department and City review required pursuant to the DDA.
Approval of Conditional Use Permit 03-012 will become null and void in the
event that the City Council does not approve Zone Change 03-002 or
Tentative Tract Map 16481, or if conditions of the DDA for the project are
violated.
The subject project approval shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
within the time frames identified in the schedule of performance contained in
the DDA. All time extensions may be considered if a written request is within
thirty (30) days prior to expiration and processed in accordance with the
provisions of the DDA.
Approval of Conditional Use Permit 03-012 is contingent upon the applicant
returning to the Community Development Department a notarized
"Agreement to Conditions Imposed" form and the property owner signing
and recording with the County Clerk-Recorder a notarized "Notice of
Discretionary Permit Approval and Conditions of Approval" form, The forms
shall be established by the Director of Community Development, and
evidence of recordation shall be provided to the Community Development
Department.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
*** EXCEPTION
Resolution No. 3914
CUP 03-012
Page 2
(1 )
1,6
(1 )
1,7
(5)
1,8
(1 )
1,9
The entitlement authorized by Conditional Use Permit 03-012 shall be in
accordance with Zone Change 03-002 and Tentative Tract Map 16481, as
approved by Resolution Nos. 3911 and 3912, which are incorporated
herein by reference as though fully set forth in the DDA.
As a condition of approval of Conditional Use Permit 03-012, the applicant
shall agree, at its sole cost and expense, to defend, indemnify, and hold
harmless the City, its officers, employees, agents, and consultants, from
any claim, action, or proceeding brought by a third party against the City,
its officers, agents, and employees, which seeks to attack, set aside,
challenge, void, or annul an approval of the City Council, the Planning
Commission, or any other decision-making body, including staff,
concerning this project. The City agrees to promptly notify the applicant of
any such claim or action filed against the City and to fully cooperate in the
defense of any such action. The City may, at its sole cost and expense,
elect to participate in defense of any such action under this condition,
This entitlement is subject to the applicant's fulfillment of all provisions of
the DDA. The entitlement shall become null and void in the event that the
City Council does not approve the DDA in case of default by the
developer or termination by the City, including, but not limited to, the City's
approval of any final maps not completed at the time of default or
termination. .
Any violation of any of the conditions imposed is subject to the payment of a
civil penalty of $100.00 for each violation, or such other amounts as the City
Council may establish by ordinance or resolution, and for each day the
violation exists, subject to the applicable notice, hearing, and appeal process
as established by the City Council ordinance.
1,10 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
(1 )
PLAN SUBMITTAL
(3)
2,1
At the time of building permit application for tenant improvements, the plans
shall comply with the latest adopted codes, City Ordinances, and State and
Federal laws and regulations. The City is currently using the 2001 California
Building Code (CBC), 2001 California Mechanical Code (CMC), 2001
California Plumbing Code (CPC), 2001 California Electrical Code (CEC),
California Title 24 Accessibility Regulations, and Title 24 Energy
Regulations. The plans shall demonstrate compliance with the following:
,~
a.
Restrooms shall be accessible to persons with disabilities as per
State of California Accessibility Standards (Title 24). Plumbing fixture
units are required to comply with the 2001 California Plumbing Code
Chapter four (4) Table 4-1 as per type of group occupancy, or as
Resolution No. 3914
CUP 03-012
Page 3
approved by the Building Official.
b.
Vehicle parking, primary entrance to the building, the primary paths of
travel, cashier space, sanitary facilities, drinking fountain, and public
telephones shall be accessible to persons with disabilities.
c.
Openings in exterior walls are not permitted less than five (5) feet
from property lines, 2001 California Building Code (Table 5A).
d.
All new glass doors and windows, in or adjacent to doors, shall be
tempered in accordance with the 2001 California Building Code
Section 2406.4.
e.
A level floor or landing shall be provided at all commercial and retail
doors. This area shall have a minimum length of 60 inches in the
direction of the door swing and 48 inches in the opposite direction of
the door swing.
USE RESTRICTIONS
(*)
(5)
(5)
(5)
3,1
3,2
3,3
3,4
(1 )
3,5
Prior to issuance of a business license for a restaurant tenant, the business
owner shall submit operational information for the restaurant which
demonstrates it will be compatible with the surrounding neighborhood and
comply with all conditions of approval herein. The Community Development
Director shall determine whether the proposed operations are appropriate
for the site or refer the matter to the Planning Commission for review and
approval.
The restaurant shall operate within all applicable State, County, and Tustin
City Code provisions, including the Alcoholic Beverage Sales
Establishment Guidelines adopted by the Planning Commission on May
14, 2001, Any violations of the regulations of the Department of Alcoholic
Beverage Control as they pertain to the subject location, or the City of
Tustin, as they relate to. the sale of alcoholic beverages, may result in the
revocation of the subject Conditional Use Permit, as provided for the
Tustin City Code.
Authorization for the on-site sales of alcoholic beverage sales (License
Type "47") is contingent upon the use of the subject premises remaining a
restaurant. Should this use change or be discontinued, authorization for
this use permit is null and void.
The applicant obtain the appropriate license from the State Department of
Alcoholic Beverages Control for the type of alcoholic sales authorized for
the site. A copy shall be provided to the City.
Hours of sales of alcoholic beverages shall be limited to the hours when
food is available. Menu items shall be available in the restaurant during
business hours.
Resolution No. 3914
CUP 03-012
Page 4
(1)
(1)
(5)
(5)
(1 )
(1 )
(1 )
(1 )
3,6
Business operations shall be in a manner that does not create a PUblic or
private nuisance. Any such nuisance must be abated immediately upon
notice by the City of Tustin.
3,7
The menu of the restaurant shall consist of foods that are prepared on the
premises.
3,8
All persons selling alcoholic beverages shall be eighteen (18) years of age
or older and shall be supervised by someone twenty-one (21) years of age
or older. A supervisor shall be present in the same area as the point of
sale,
3,9
Alcoholic beverages shall be consumed on-site and may not be served or
consumed outside the restaurant, unless a physical barrier is approved by
the Community Development Department and the Department of Alcoholic
Beverage Control.
3,10 A maximum of 112 seats shall be provided in the restaurant and may be
distributed throughout the interior and exterior portions of the restaurant.
Any change to the maximum number of indoor and outdoor seats shall
require written approval of the Community Development Department.
3,11 No sexually oriented businesses shall be conducted on the premises
without approval by the City in accordance with the Tustin City Code.
3,12 Any cocktail lounge or bar area within the restaurant shall function as a
food and beverage service bar.
3,13 All outdoor furniture including, seats, tables, and trash receptacles
associated with the restaurant shall be approved in writing by the
Community Development Department. No resin or plastic furniture shall be
permitted. Any change to the approved design, material, or color of the
outdoor furniture requires written approval of the Community Development
Department.
(1)(3) 3,14 Outdoor seats, tables, trash receptacles, or potted plants associated with the
restaurant shall not obstruct pedestrian and accessible access to the
building,
(1 )
3,15 The outdoor seating area shall contain trash receptacles and shall be
cleaned on a continual and daily basis to ensure timely removal of litter
and food items.
(1 )
(1)
3,16 No signs or advertisements shall be placed within the outdoor seating area.
3.17 The installation of any exterior, freestanding vending machines, such as, but
not limited to, beverage or soda machines, candy, magazine racks, and any
other retail product, is prohibited.
(2)
(2)
(2)
(1 )
***
FEES
(1 )
Resolution No. 3914
CUP 03-012
I
Page 5
(2)
3,18 Public telephones shall be permitted on the inside of the establishment
and shall be modified to prevent incoming calls,
(1 )
3,19 No outdoor storage shall be permitted except as approved by the Director of
Community Development.
(2)
3,20 No loitering signs shall be placed near the entrance on the outside of the
premises or in other specified locations where alcoholic beverages are
sold.
3,21 All litter shall be removed from the exterior areas around the premises
including adjacent public sidewalk areas and parking areas, no less
frequently than once each day that the business is open.
3,22 An approved live entertainment permit is required prior to establishing any
dancing or live entertainment on the premises.
3,23 Business operations shall be in a manner that does not create a public or
private nuisance, Any such nuisance must be abated immediately upon
notice by the City of Tustin.
3,24 The ambient noise for the on-site sales facility shall not exceed the
standards of the City of Tustin Noise Ordinance.
3,25 The restaurant, or any subsequent food and alcohol serving business
occupying the site, shall submit their audited financial statements at the
City's request and those statements must verify that food sales exceed sales
of alcoholic beverages.
4,1
Prior to issuance of any building permits for tenant improvements, payment
shall be made of all applicable fees, including but not limited to, the
following. Payment shall be required based upon those rates in effect at the
time of payment and are subject to change.
a.
Building Division plan check and permit fees to the Community
Development Department based on the most current schedule.
b.
Orange County Fire Authority plan check and inspection fees to the
Community Development Department based upon the most current
schedule.
c,
Other fees, as applicable, at the time of plan check submittal and
permit issuance.
d.
Within forty-eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
CASHIER'S CHECK payable to the County Clerk in the amount of
Resolution No. 3914
CUP¡ 03-012
Page 6
forty-three dollars ($43.00) to enable the City to file the appropriate
environmental documentation for the project. If within such forty-eight
(48) hour period that applicant has not delivered to the Community
Development Department the above-noted check, the statute of
limitations for any interested party to challenge the environmental
determination under the provisions of the California Environmental
Quality Act could be significantly lengthened.
A TT A CHMENT I
Resolution No. 3915
RESOLUTION NO, 3915
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN DETERMINING THAT LOCATION, PURPOSE,
AND EXTENT OF THE PROPOSED DISPOSITION OF
PROPERTY AT THE NORTHWEST CORNER OF MAIN STREET
AND PROSPECT AVENUE CONFORMS WITH THE TUSTIN
GENERAL PLAN,
The Planning Commission does hereby resolve as follows:
I.
The Planning Commission finds and determines as follows:
A.
That the Tustin Community Redevelopment Agency proposes to dispose of
the property at the northwest corner of Main Street and Prospect Avenue,
pursuant to a Disposition and Development Agreement between the Tustin
Community Redevelopment Agency and Prospect Village LP, a California
Limited Partnership (formerly known as Pelican Center, LLC) for the
Proposed Village Project.
B.
That California Government Code Section 65402 (c) provides that no real
property shall be disposed until the location, purpose, and extent of the
project has been reported upon by the local planning agency as to the
conformity with the applicable, adopted General Plan.
/-
C.
The Prospect Village Project 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 lower end of the high density residential land use
designation range of 15 dwelling units to 25 dwelling units per net acre. The
Old Town Commercial land use designation provides for a range of
residential densities by allowing a population density range of 2 to 54
persons per acre. Using an average of 2,24 persons per dwelling unit
assumed for the high density residential range, the Planned Community
District Regulations would provide for approximately 27 persons on
Resolution No. 3915 (
Prospect Village Project General Plan Conformity Finding
Page 2 .
D.
approximately three-quarters of an acre (or 34 persons per acre) and is
within the density range anticipated by the General Plan.
The proposed disposition of property supports and is consistent with the
Tustin General Plan, The Land Use Element includes the City's goals and
policies for the long-term growth, development, and revitalization of Tustin.
Based on the summary of issues, needs, opportunities, and constraints
described in the Tustin land Use Element, ten goals are identified which
include the following:
1.
2.
3.
Achieve balanced development. .
Ensure that compatible and complementary development occurs.
Revitalize older commercial, industrial, and residential
development.
Improve City-wide urban design, .
Promote economic expansion and diversification.
Coordinate development with provision of adequate public facilities
and services.
Ensure that the development character of East Tustin is compatible
with the surrounding man-made and natural environment.
Strengthen the development character and mixture of uses in the
Old Town/First Street area.
Promote an integrated business park character for the Pacific
Center East area.
Implement a reuse plan for MCAS Tustin which maximizes the
appeal of the site as a mixed-use, master planned development.
4.
5.
6.
7,
8.
9.
10.
These goals establish the framework for policies related to allocation of
land use in the City and the implementation policies reflect the direction
and image the City seeks for the future. The proposed Planned
Community zoning district and Planned Community District Regulations
support several General Plan goals and policies, including the following:
1.
The project will implement policies under the goal to achieve
balanced development including:
a.
Policy 1.2 - Provide for and encourage the development of a
neighborhood serving commercial uses in areas
underserved and encourage the integration of retail or
service commercial uses on the street level of projects,
Policy 1,5 - Encourage compatible and complementary infill
of a previously by-passed parcels in areas already
predominately developed.
b.
2.
The project will implement policies under the goal to ensure
compatible and complementary development including:
Resolution No. 3915
Prospect Village Project General Plan Conformity Finding
Page 3
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.
3.
The project will implement policies under the goal to revitalize older
commercial, industrial, and residential properties including:
4,
5.
6.
a,
Policy 5.1 - Encourage and continue the use of
redevelopment activities, including the provision of
incentives for private development, public-private
partnerships, and public improvements in the Town Center
and South Central redevelopment project areas.
Policy 5.2 - Provide development incentives to facilitate the
consolidation of individual parcels along the City's
commercial corridors.
Policy 5.3 - Encourage the rehabilitation of existing
commercial facades and signage.
b.
c.
The project will implement policies under the goal to improve city-
wide urban design including:
a.
Policy 6.2 - Encourage and promote high-quality design and
physical appearance in all development projects.
The project will implement policies under the goal to promote
economic expansion and diversification including:
a.
Policy 7.1 - Broaden the City's tax base by attracting
businesses which will contribute to the City's economic
growth and employment opportunities while ensuring
compatibility with other General Plan goals and policies.
Policy 7.5 - Focus retail development into consolidated,
economically viable, and attractive centers of adequate size
and scale which offer a variety of retail goods and amenities.
b.
The project will implement policies under the goal to develop
character in the Old Town/First Street area including:
a,
Policy 10.2 - Review and consider the possible development
of residential uses in the Old Town area both as individual
residential projects and integrated above ground floor retail
and office uses.
Policy 10.3 - Encourage outdoor pedestrian spaces, such as
courtyards, arcades, and open landscape passages, to be
integrated into new development. Encourage high-quality
~~,
b.
Resolution No. 3915
Prospect Village Project General PlanlConformity Finding
Page 4
c.
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,
d.
E.
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.
(Seouovah 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 Gòal 6, which
states, "Improve urban design in Tustin to ensure development that is both
architecturally and functionally compatible, and to create uniquely
identifiable neighborhoods, commercial and business park districts." This
goal is achieved through the high quality of design and materials of the
project as shown in the conceptual development plans that are
incorporated into the Planned Community District Regulations for the
Prospect Village Project.
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
Planning Commission has considered the FEIR and found that it is
complete and adequate prior to finding the Prospect Village Project in
conformance with the Tustin General Plan by adopting Resolution No.
3910.
II.
The Planning Commission hereby determines that the location, purpose, and extent
of the disposition of property at the northwest corner of Main Street and Propsect
Avenue for the Prospect Village Project is in conformance with the Tustin General
Plan.
Resolution No. 3915
Prospect Village Project General P'lan Conformity Finding
Page 5
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting held on the 26th day of April 2004.
JERRY AMANTE
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 3915 was duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 26th day of April 2004,
ELIZABETH A. BINSACK
Planning Commission Secretary