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Home My WebLink AboutORD 1351 (2008)ORDINANCE NO. 1351 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING AN AMENDMENT TO THE PROSPECT VILLAGE PLANNED COMMUNITY DISTRICT REGULATIONS (ZONE CHANGE 08-001) TO AMEND VARIOUS SECTIONS OF THE REGULATIONS RELATED TO COMMERCIAL SERVICE AND OFFICE USES AND OWNER/PROPRIETOR OCCUPANCIES AND TO MAKE OTHER MINOR AMENDMENTS The City Council of the City of Tustin does hereby ordain as follows: Section 1. FINDINGS. The City Council finds and determines as follows: A. That Zone Change (ZC) 08-001 is a City and Redevelopment Agency- initiated project undertaken in partnership with. the property owner, Prospect Village LP. ZC 08-001 consists of minor amendments to the Prospect Village Planned Community District Regulations to allow commercial service and professional office uses in a maximum of three (3) of the six (6) live/work units facing Prospect Avenue and to clarify how owners of restricted units may be permitted to lease the ground floor portion of the restricted units. Other minor amendments are also proposed. The proposed amendments are identified in Exhibit 1, attached hereto. B. That a public hearing was duly called, noticed, and held on said application on February 26, 2008, by the Planning Commission. Following the public hearing, the Planning Commission recommended approval of Zone Change 08-001. C. That a public hearing was duly called, noticed, and held on said application on March 4, 2008, by the City Council. D. Zone Change 08-001 is consistent with the Tustin General Plan. The Land Use Element includes the following City goals and policies for the long- term growth, development, and revitalization of Tustin. 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Promote economic expansion and diversification. Section 2. The City Council hereby adopts Zone Change 08-001 to amend various sections of the Prospect Village Planned Community District Regulations, as identified in Exhibit 1, attached hereto. Ordinance No. 1351 Page 1 of 20 Section 3. SEVERABILITY. All of the provisions of this ordinance shall be construed together to accomplish the purpose of the regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. PASSED AND ADOPTED at a regular meeting of the City Council for the City of Tustin on this 18th day of March, 2008. JERRY AMANTE, Mayor PAMELA STOKER, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1351 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 4th day of March, 2008, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 18th day of March, 2008 by the following vote: COUNCILMEMBER AYES: Amante. Davert. Bone. Kawashima. Palmer (5) COUNCILMEMBER NOES: None (0) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: None (0) PAMELA STOKER City Clerk Ordinance No. 1351 Page 2 of 20 Prospect Village Planned Community District Regulations Adopted by the Tustin City Council on May 17, 2004 by Ordinance No. 1284 Amended by the Tustin City Council on March 18, 2008 by Ordinance No. 1351 Ordinance No. 1351 Page 3 of 20 Prospect Village Planned Community DISTRICT REGULATIONS TABLE OF CONTENTS Page Number 1.0 INTRODUCTION 4 2.0 STATISTICAL SUMMARY 4 3.0 LAND USE REGULATIONS 5 3.1 Planning Area A -Commercial 5 A. Purpose and Intent 5 B. Permitted and Conditionally Permitted Uses 5 C. Prohibited Uses 6 D. Temporary Uses ~ E. Unlisted Uses ~ F. Development Standards ~ 3.2 Planning Area B 10 A. Purpose and Intent 10 B. Sub Area B-I 10 C. Sub Area B-II 12 3.3 General Development Standards for Planning Areas B-I and B-II 15 A. Building Site 15 B. Gross Density 15 C. Lot Coverage 15 D. Building Setbacks 15 E. Building Height 15 F. Common Area Open Space 15 G. Projections into Required Setbacks 15 H. Fences, Walls, and Hedges 15 I. Private Drive 16 J. Refuse 16 K. Other Development Standards 16 3.4 General Parking Requirements for Planning Areas A and B 16 Ordinance No. 1351 Page 4 of 20 4.0 IMPLEMENTATION and ADMINISTRATION 18 4.1 Responsibility 18 4.2 Interpretations 18 4.3 Subdivisions 18 4.4 Variances, Conditional Use Permits and 18 Other Discretionary Actions 18 4.5 Amendment to District Regulations 18 4.6 Enforcement 19 4.7 Severability Clause 19 5.0 ZONING EXHIBIT AND CONCEPTUAL DEVELOPMENT PLANS Exhibit 1: Zoning Exhibit 20 Exhibit 2: Conceptual Development Plans 21 Ordinance No. 1351 Page 5 of 20 1.0 INTRODUCTION The regulations set forth in this set of District Regulations for the Prospect Village Planned Community h as been established to satisfy the Planned Community District requirements of the Tustin City Code and to provide diversification among the relationship of uses, buildings, and structures in planned building groups. The application of these regulations is specifically intended to encourage the appropriate use of land and create a harmonious commercial and residential development to protect the health, safety, and welfare of the community and provide the flexibility needed to create a 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 Axeas A and B are included in Exhibit 2. Planning Area A - Commercial• The site is approximately 7,286 square feet (0.167 net acres) in size and includes atwo-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 planning area without the necessity of additional or new environmental documentation. All acreage data is approximate and will be refined on a final map and in final development plans. Ordinance No. 1351 Page 6 of 20 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 fox 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 Ordinance No. 1351 Page 7 of 20 b. Service uses, when conducted within a building: • Barber shops • Beauty parlors • Interior decorator • Locksmith • Mail services • Photography studios • Printing • Shoe repair • Tailoring • Travel agency • Real estate office 2. Ground Floor Conditionally Permitted Uses When conducted within a building: ^ Wholesale bakeries ^ Figure modeling studios ^ Day spa/massage establishments ^ Pet grooming ^ Pharmacies ^ Alcoholic beverage sales in conjunction with restaurants subject to the Planning Commission's Guidelines fox Alcoholic Beverage Sales Establishments ^ Wine tasting rooms 3. Second Floor Permitted Uses When conducted within a building: ^ Retail and service uses listed as permitted on the ground floor ^ Professional and general offices (excluding medical, dental, or veterinary offices) up to a total of 4,816 square feet 4. Second Floor Conditionally Permitted Uses ^ Retail and retail service uses if listed under conditionally permitted uses on the ground floor C. Prohibited Uses ^ Coin-operated laundromats ^ Dry-cleaning (on-site) and laundry services ^ Medical, dental, or veterinary offices or clinics Ordinance No. 1351 Page 8 of 20 • 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. Ordinance No. 1351 Page 9 of 20 6. Signs 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. Ordinance No. 1351 Page 10 of 20 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 furnture 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 fox 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. 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 fox the enjoyment of all residents. Area (B-I) includes the six (6) Live/Work units facing Prospect Avenue and Axea (B-II) includes the six (6) Live/Work units facing the public alley to the west of the project. B. Sub Area B - I - Six (6) Live/Work Units Facing Prospect Avenue Ordinance No. 1351 Page 11 of 20 Permitted and Conditionally Permitted Uses The following uses shall be permitted by right or conditionally permitted as stated in the following text: 1. Ground Floor Permitted Uses (Live/Work Units Facing Prospect Avenue) a. Retail uses, when conducted within a building: • Restaurants • Outdoor dining (see outdoor dining standards for Planning Area A) • Bakeries, delicatessens, specialty foods, coffee shops • Antiques and curios • Prepared foods stores (ice cream, yogurt, candy, and similar items) • Clothing/shoe stores • General merchandize variety stores • Specialty stores/antique shops • New household goods/home furnishings stores • Florist shops • Books/stationary stores • Jewelry stores • Art shops/galleries • Musical supplies and instruments • Video/music stores b. Service businesses such as: • Barber shops • Beauty parlors • Interior decorator • Printing • Locksmith • Photography studios • Mail services • Dry cleaning, provided no on-site clearing is done/tailoring • Shoe repair • Travel agency • Real estate office • Telephone answering service/office support services Ordinance No. 1351 Page 12 of 20 c. General or professional office uses excluding medical and dental offices, veterinary offices and clinics, subject to specific use limitations contained in Subsection B.S. 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 and laundry services done on-site • 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 axe not to be assumed to be permitted or conditionally permitted. 5. Use Limitations The use of the ground floor of units facing Prospect Avenue shall be limited to retail, commercial and professional offices uses provided that no fewer than three (3) of the six (6) units facing Prospect Avenue shall be required to have ground floor uses that contain retail uses only. Owners of Live-Work Units identified as Lot 8 of Tract 16481 located at 292 Prospect Avenue and Lot 13 of Tract 16481 located at 272 Prospect Avenue, shall be permitted to lease the ground floor portion of the Live-Work Units without requirements for additional parking ("Unrestricted Units"). The remaining four (4) units facing Prospect Avenue in Sub-Area B-1, shall or be designated as "Restricted Units" on the approved plans. Owners of these Ordinance No. 1351 Page 13 of 20 Restricted Units may be permitted to lease the ground floor portion of the Live-Work Units provided the Ownex has secured additional parking, by recorded instrument approved by the Tustin Redevelopment Agency or secured additional parking as required by the Tustin City Code based on the size of the ground floor use, the permitted use of the ground floor (i.e. retail, commercial service or professional office use), as applicable, and the additional parking which would be required for such use if the Live-Work Unit is not Owner Occupied on the ground floor. None of the restrictions contained herein are designed to reduce the flexibility available to an Owner of a Restricted Unit from being an Owner Occupier of the ground floor space of a Unit, subject to the ground floor use restrictions identified herein and for Sub-Area B-I. 6. Unlisted Uses The Director of the Community Development Department may determine similar uses are permitted, conditionally permitted, or prohibited in Planning Area A or may refer the matter to the Planning Commission. 7. Temporary Uses Temporary uses are subject to provisions of Tustin City Code. C. (B-II) Permitted and Conditionally Permitted Uses Six (6) Live/Work Units Facing Public Alley The following uses shall be permitted by right or conditionally permitted as stated in the following text: 1. Ground Floor Permitted Uses (Live/Work Units Facing the Public Alley) a. Retail uses, when conducted within a building: • Restaurants • Outdoor dining (see Outdoor Dining Standards for Planning Area A) • Bakeries, delicatessens, specialty foods, coffee shops • Antiques and curios • Prepared foods stores (ice cream, yogurt, candy, and similar items) • Clothing/shoe stores • General merchandize variety stores • Specialty stores/antique shops • New household goods/home furnishings stores • Florist shops Ordinance No. 1351 Page 14 of 20 • Books/stationery 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 • Photography studios • Mail services • Dry cleaning, provided no on-site cleaning is done/tailoring • Shoe repair • Travel agency • Real estate office • Telephone answering service/office support services c. General or professional office uses, excluding medical, dental, or veterinary uses. d. 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) Ordinance No. 1351 Page 15 of 20 • Coin-operated laundromats • Dry-cleaning and laundry services when done on-site • 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 5. Use Limitations The use of the ground floor of units facing Prospect Lane shall be limited to retail, commercial service and professional offices uses. The six (6) units facing Prospect Lane in Sub-Area B-II, shall be designated as "Restricted Units" on the approved plans. Owners of these Restricted Units may be permitted to lease the ground floor portion of the Live-Work Units provided the Owner has secured additional parking, by a recorded instrument approved by the Tustin Redevelopment Agency or secured additional parking as required by the Tustin City Code based on the size of the ground floor use, the permitted use of the ground floor (i.e. retail, commercial service or professional office use), as applicable, and the additional parking which would be required for such use if the Live-Work Unit is not Owner Occupied on the ground floor. None of the restrictions contained herein are designed to reduce the flexibility available to an Owner of a Restricted Unit from being an Owner Occupier of the ground floor space of a Unit, subject to the ground floor use restrictions identified herein and for Sub-Area B-II. 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-I and B-II A. Building Site: 32,941 square feet B. Gross Density: 16 units per acre Ordinance No. 1351 Page 16 of 20 C. Lot Coverage: 100 percent, less parking, open space, and building setback requirements. D. Building Setbacks: 1. Front Yard: (Facing Prospect Avenue): 0 Feet (Facing public alley): 5 Feet 2. Side Yard (Facing Third Streetl: 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. F. Common Area Open Space: All areas outside the building perimeters are considered common open space and shall be maintained by the homeowners' association. G. Projections into Required Setbacks: Eaves, cornices, chimney, balconies and other similar architectural features shall not project into any required building setback unless permitted by the California Building Code. H. Fences, Walls, and Hedges: No walls, fences, or hedges that exceed three (3) feet in height shall be permitted at the right-of--way along Prospect Avenue or the public alley to the west. Fences, walls, and hedges in the interior motor court, between units, along Third Street, or between the residential units in Planning Area B and the Main Street commercial building in Planning Area A, shall not exceed six (6) feet eight (8) inches in height, unless required for noise mitigation and approved in writing by the Community Development Director. I. Private Drive: 1. The private driveway shall provide access to garages and guest parking spaces and shall have a minimum travel way width of 28 feet, curb face to curb face. No parking shall be permitted on the driveway, other than in designated parking stalls. 2. Sidewalks are 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 Ordinance No. 1351 Page 17 of 20 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. 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) parking spaces shall be provided subject to an agreement for off-site parking between the Developer and the City of Tustin to accommodate commercial uses in Planning Areas A and B. If the approved land use mix is modified, any additional parking that is needed shall be provided in accordance with the following ratios: ^ One (1) parking space per 200 square feet of retail use; ^ One (1) parking space per 300 square feet of office use; and, ^ One (1) parking space per three (3) seats for restaurant use (including outdoor dining). ^ A minimum of two (2) enclosed garage spaces shall be maintained for each dwelling unit in Planning Area B and permanently used for the purpose of parking vehicles. In addition, a minimum of three (3) open and unassigned guest parking spaces, at a ratio of one (1) parking space for every four (4) units, shall be provided within the development. Other uses shall provide parking at rates required by the Tustin City Code or as determined by an approved conditional use permit. B. Garage and Parking Stall Dimensions: Parking area dimensions, locations and access shall conform to the City's design review criteria on file in the Community Development Department. At a minimum, Ordinance No. 1351 Page 18 of 20 garages shall be a 20 feet by 20 feet inside clear dimension. Automatic garage door openers and sectional rollup doors shall be required on all residential units. Open parking spaces shall be a minimum of nine (9) feet in width by twenty (20) feet in depth. Up to a two (2) foot overhang may be permitted into a landscape planter or sidewalk area provided the sidewalk has sufficient width to comply with accessibility requirements. 4.0 IMPLEMENTATION and ADMINISTRATION 4.1 Responsibility The Community Development Department of the City of Tustin shall be responsible for the administration and enforcement of provisions of these regulations. 4.2 Interpretations If ambiguity arises concerning the appropriate application of provisions contained in these District Regulations, the Community Development Director shall make the appropriate determination. In making a determination, the Director shall consider the following, but not by way of limitation: A. Prior administrative interpretation of similar provisions; B. General intent and purpose of these District Regulations; C. Provisions contained in the General Plan; and, D. Other provisions of the Tustin City Code where standards do exist. Any decision of the Director may be appealed to the Planning Commission. 4.3 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. 4.4 Subdivisions All divisions of land shall be processed in accordance with the Tustin City Code and State Subdivision Map Act. 4.5 Variances. Conditional Use Permits, and Other Discretionary Actions All applications shall be processed in accordance with the Tustin City Code. Ordinance No. 1351 Page 19 of 20 4.6 Amendment to District Regulations Any amendment to these District Regulations contained herein which change the allowed uses within the development, impose any regulation upon property not therefore imposed, or removes or modifies any such regulation shall be initiated and processed in the same manner set forth in the Tustin City Code for amending the Zoning Code. 4.7 Enforcement The District Regulations are adopted by Ordinance and are therefore subject to penalty provisions of the Tustin City Code. Specifically, violations of land use or development standards shall be subject to penalty provisions and citation procedures of the Tustin City Code, in addition to the City's authority to seek civil litigation in a court of law. 4.8 Severability Clause If any part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of these District Regulations is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, these decisions shall not affect the validity of the remaining portions of these District Regulations. The Tustin City Council hereby declares that these District Regulations and each part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion thereof would have been adopted irrespective of the fact that one or more portions of the District Regulations may be declared invalid, unconstitutional, or unenforceable. Ordinance No. 1351 Page 20 of 20 Zoning Map ~~/ 1 _STI I ~ 1 ~ L.S~y ' ~ ~-`/ i ~ ~ ~+ \. l ~D ~ --~ -- .c2~ 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 nonh 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) Planning Area A .F Pkin cmdng 4c't$ ro mnvin ? $P—nen v 1 y gate cwxrete ,artoAn aeognca uwrxc�la 4«� , .i sagcct to Cky approval PLANNING AREAS rmtoRrrat ergry S1101tvit ity*ai $cc Prof 'sat>�lacalor PROSPECT AVENUE Planning Area B v I -W. M—c wag to Irletth b-" ccw wjtwrxigK ion y.te 141*60 FWcd 'bt�otits' attntciicctton sec % tt Plan kw a1nICT sbm Prooxu Lane mxryarch amonloru "stwwl u ekraWn Paacn;J corvoc WE 6, block wao !4X[0:0 match a wou bUg" col ;f heow w* on kwrtkw And fl"my ErwkJlea corrwr -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 dinin 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 alle * Does not include 830 square feet of garage and trash area on ground floor and 117 square feet of deck on the second floor. Gross and net acreage are an estimated allocation. Actual acreage will be refined by the final subdivision map process. Floor area ratios is the gross floor of buildings within a planning area divided by the net acreage of the planning area. Development Plans lPwLwtcC iKti. - ( An �r.«Yky . .4rbiwdiu} hrNth� C OM �y cP +F - .-- Aft1'��.oYv art rM! �.wrJ'.� YNM1 4F ': - • raernpt.Mug .. -. wt-' �ragedge ±i ��ry ''74'�'4Y�' � ,.�..�,. R,...� PROSPECT lf�o r.o fi t 1Ei ''°Yrs° - P^.M1 - n.�na., I.dr?>h' - «::..a.p. t'o•� gwe . 3 e14x_p ` Ft� 3 i �f- lqf N 1 ( T w.N1 Dx.aac :cc nw :n s'c- Cwtyan 1 ni��A cn 4N�+1 �.t4t � IpakrlYF - Ji t r a t"� 1 ,� c.rkacr•m,v rxLw��a s..wnra ,..rc..=+-, amm«� w-s�al0.'7"'J l �q7M9NsyOe' 4t#kc c'xrY :aoctC w�rre:.l r-a� ':�rv'rlgr •nP�.Y xcPForal x91�Vmc ca ". _eaO.anl cwp w.-�h blpal� 1wt�IR�a1� , �y4 yYcabf 1'r�4Rkdt�1Y , 4WYrytdN n(M<rm PccW =.�c Yi WrlT'l Itte+m(Mrl r wyl�iwi fY m5a� nnn "h PROSPECT AVENUE "°" tksq wroFa Isnic W,. y,,w PopWmltl mvy y.:< ., 1r ctvr.Kl�a encswm e�rt cormae pu ro,r,: ik:lan 5�.hrim� I 75) d auur a+lkyuywp v Z 5 LANDSCAPE PLAN �� ` PROSPECT VILLAGE .MIR.�1,•. 32 rr, — F - -- � �, tea. ■ ��,�I��sir 11 r� �u I I ! fitfi rl y- y: zOctv t ,�N a...��v,.vw .v,ouah: mwldaP m,rYR4r �h'1 bMt cJ,1e'n h.,i�t En(LMu'e Prospect Lane Elevation (West Elevation) L-ntial from courtyard (East Elevation) PRODUCT B ELEVATIONS PROSPECT VILLAGE Window details ;r t`- T Prospect Avenue Elevation -Unit A (East Elevation) View of Unit -A residential from courtyard (West Elevation) PRODUCT ELEVATIONS PROSPECT VILLAGE