HomeMy WebLinkAboutORD 1361 (2009)ORDINANCE NO. 1361
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, ADOPTING AN AMENDMENT TO
THE PROSPECT VILLAGE PLANNED COMMUNITY
DISTRICT REGULATIONS (ZONE CHANGE 08-003)
TO AMEND VARIOUS SECTIONS OF THE
REGULATIONS RELATED TO COMMERCIAL
SERVICE AND CERTAIN OFFICE USES, FOOD
RELATED USES, OPTOMETRISTS AND
OPTICIANS, 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) 08.003 is a City and Redevelopment
Agency-initiated project undertaken in partnership with the property
owner, Prospect Village LP. ZC 08-003 consists of minor
amendments to the Prospect Village Planned Community District
Regulations to: 1) allow commercial service uses and certain office
uses, as well as retail uses, in all six (6} of the live/work units facing
Prospect Avenue; 2) allow various food related uses to satisfy a
requirement that a minimum of fifty (50) percent of the ground floor
of the Main Street Commercial Building consist of food related
uses; and 3) allow optometrists and opticians. 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 January 13, 2009, by the Planning Commission.
Following the public hearing, the Planning Commission adopted
Resolution No. 411 0, recommending approval of Zone Change 08-
003.
C. That a public hearing was duly called, noticed, and held on said
application on February 3, 2009, by the City Council.
D. Zone Change 08-003 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.
Ordinance No. 1361
Page 2
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 08-003 to amend various
sections of the Prospect Village Planned Community District Regulations, as identified in
Exhibit 1, attached hereto.
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 by the City Council of he City of T stin, at a regular meeting
on the 17 -~' day of ~-~-~-~..-~ , 20~ . ~~ A I i
DOU~~D~V T ' "
~° ~; ~ ~~, Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE ; SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1361
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. 1361 was
duly and regularly introduced at a regular meeting of the Tustin City Council, held on the
3~d day of February, 2009, and was given its second reading, passed~~, a--ncd~ adopted at a
regular meeting of the City Council held on the ~7~day of-;~~a~ U, 2009 by the
following vote:
COUNCILMEMBERAYES: Davert, Amante, Gavello, Nielsen, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBERABSTAINED: None (0)
C CILMEMBER E ne (0)
~ ~ ~~-~-
PA LA STOKER
City Clerk
EXHIBIT 1
TO
ORDINANCE NO. 1361
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
Amended by the Tustin Cit~Council on 2009 B~ Ordinance No 1361
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 Axea A -Commercial 5
A. Purpose and Intent 5
B. Permitted and Conditionally Permitted Uses 5
C. Prohibited Uses ~
D. Temporary Uses 7
E. Unlisted Uses 7
F. Development Standards 7
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
). Refuse 1G
K. Other Development Standards 1 g
3.4 General Parking Requirements for Planning Areas A and B 16
Prospect Vfl/agr P/armed Commualfy D~slrict Regulations Z
4.0 IMPLEMENTATION and ADMINISTRATION 1 g
4.1 Responsibility 1 g
4.2 Interpretations 1 g
4.3 Subdivisions 1 g
4.4 Variances, Conditional Use Permits and 18
Other Discretionary Actions 1 g
4.5 Amendment to District Regulations 1 g
4.6 Enforcement 19
4.7 Severability Clause 19
5.0 ZONING EXHIBIT AND CONCEPTUAL DEVELOPMENT PLANS
Exhibit 1: 7.oning Exhibit
Exhibit 2: Conceptual Development Plans
20
21
Prospect Pillage Planned Community Diattict Regulationa 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 (:ity (:ode and to provide diversification among the relationship
of uses, buildings, and structures in planned building groups. 'Che application of these
regulations is specifically intended to encoarage 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. 'Che land use designations are shown in Exhibit 1 with a statistical
summary of each planning area. The development plans for Planning Areas A and B are
included in Exhibit 2.
Planning Atea A -Commercial: "I'he site is approximately 7,286 square feet (0.1 G7
net acres) in size and includes atwo-story commercial building comprised of mt
approximately 3.800 3f-square feet of ground door tenant space itiy~tmtrR»t-ctr~r
with an approximately 593 square-foot outdoor patio dining area open to Main
Street, ,three (3) covered parking spaces (721 square
feet) on the ground floor, and about 4,822 square Eeet of second floor tenant space
The Floor Area Ratio (FAR) is 1:1.3.
Planning Area B -Live/Work: The site is approximately 32,941 square feet (.75G
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 tenant t~etsril-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 tenant -
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'Custin General flan.
The square footage allocations and floor aces 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 approxunatc and wilt be
refined on a final map and in 6na1 development plans.
Prospect VtVagr P/rntied Community District Regulations
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 Ptospect 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, a>nsistcnt with the Prospect
Villa}-c Disposition and Dc~-ck~pmcnt ;\3;rccmcnt ~, ma~• be •tmcndcd.
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 below. pro~~ided that
no more than tifr}- (SO) percent of the };round tl<-or m•t~Ybe u.ed by nc>n-Food rel•trcd
permitted usesi-~.,-,~;r-mn'e~:
1. Ground Floor Permitted Uses
a. Retail uses, when conducted within a building unless ~~utdoc~r scatini~
and opcruions Ire permitted pursuant to these 1'hnncd ('c~mmunitZ
,District lte}=ulations:
• Restaurants and cafes
:)
• Outdoor dining (sec page 8 for Outdoor Seating and Operational
Standards)
• Bakeries, delicatessens, specialty foods, coffee boosts and_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
Aroapect Vi7lagr Planned t:ommuairy Dfsaict Regrdaoiona S
• Art shops/galleries
• Musical supplies and instruments
• Video/music stores
• Opt<~mctrists or optictaus
b. Service uses, when conducted within a building:
• Barber shops
^ Beauty parlors
^ Interior decorator
• Locksmith
^ 1~lail services
• Photography studios
^ Printing
Shce repair
^ Tailoring
^ 'Gravel agenry
^ Real estate office
2. Ground Floor Conditionally Permitted Uses
When conducted within a building, unless outdoor seating and operations arc
permitted pursuant to thetie Planned Cotnnnuiit~ District
Rel;ul;-tions;
^ Wholesale bakeries
^ Figure modeling studios
^ llay 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
^ Winc tasting rooms
3. Second Floor Permitted Uses
When conducted within a building. unless outdoor seltin~~nd operuionti arc
permitted pursuant tct these Planned Communit}~ l~i~;trict
ltcl;ulations:
^ Retail and service uses listed as permitted on the ground IIoor
• Professional and general offices (excluding medical, dental, or
veterinary offices or clinics ,
Prospect ViUagr PI•aned Coemun,In• Disalct ReBulydoni 6
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
• Dty-cleaning (on-site) and laundry services
• Medical, dental, or veterinary offices or clinics, \~-ith the esce~ri~m <If
uptc~mctrists and oprici:uts Whll'It'lCC plt'rrttr[Cll
• Uses that involve use or storage of hazardous/explosive materials, cause
offensive odors, and/or generate dust, noise, or excess light
D. Temporary Uses
'T'emporary uses arc 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 I,ot Size: None
2. I~ot c_ ove~ee: ]00-percent, less parking and building setback requirements.
3. Building Setbacks:
a. l;ront Yard (lacing Main Street): 0 Feet
b. Sid Yar (Facing Prospect Avenue and the public alley): 0 Feet
c. Rear Yard (facing Planning Area B): 'T'en (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 H_eivht: 5U feet, including roof-mounted features and equipment.
5. Fences. Walls and Hedges:
Prospect Village Planned Commwuty Diaorict ReguLdons ~
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.
6. Sites
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 tight-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 comet 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. Mare frequent refuse service may be required to
prevent nuisances to adjacent properties.
Pt~vspec[ YtUage Planned Community District Regulations g
9. Merchandize Disglav
No merchandixe 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 pemut.
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.
11. oo Des' an do r s: 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 fox defining the outdoor azea 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 flee 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.
Prospect Vi//agie Panned Commwt/ty D/stttct Rego/adona y
• 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 VtUagr P/armed CommutityD/earictRegu/atioas Ip
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, consistent with the Prospect 1'illagt
1)isPosition and lle~~clormcnt :\~recment ~-, m•-~• be unended. Area (B-I) includes
the six (G) Lave/Work units facing Prospect Avenue and Area (13-II) includes the six
(G) 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
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 buildinY,, unless outdoor seating
anJ v •ctions •rre •rtnittcd ursu:uit to these Planned Gnnrnunit
District Rcl;ulations:
• Restaurants and cafes
• Outdoor dining (see outdoor dining standards for Alarming Area A)
• $akeries, delicatessens, specialty foods, coffee houses and shops
• Antiques and curios
• I)repated foods stores (ice cream, yogurt, candy, and similar items)
• Clothing/shce 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
• Optometrists err opticians
b. Service uus. when conducted wuhtn 1 butldtrt ., , . ,.
• $arber shops
Plrnajxct Ytlligrc P/anaed Commnnfy Dlatrict Regu/rtiona 11
• Beauty parlors
• Interior decorator
• Printing
• Locksmith
• Photography studios
• Mail services
• Dry cleaning, provided no on-site clearing is done/tailoring
• Shoe repair
• 't'ravel agency
• Real estate office
• 'Telephone answering service/office support services
c. General or professional office uses excluding medical and dental offices,
veterinary offices and clinics, .
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, with die exception of
1tztometrist~ end opticilm which ~irc permitted on the ground Boor
• Uscs 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.
Plnwpcct Viylrge P/aaned Commonly Dan~ict Regu4tions ~
5. Use Limitations
The use of the ground floor of units facing Prospect Avenue shall be limited
to retail, commercial and professional offices uses .
(hvners of live-Work Units identified as Lot 8 of'1'ract 16481 located at 292
Prospect avenue and Lot 13 of'1'ract 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-I, 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
recorded instrument approved by the Tustin Redevelopment Agency or
secured additional parking as required by the "i'ustin 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 hive-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
't'emporary uses ate subject to provisions of Tustin City Code.
C. (B-II) Permitted and Conditionally Permitted Usea
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)
Prospect Ville P/r+nned Community Diaenict ReBula~rona 13
a. Retail uses, when conducted within a building, unless outdoor seatinK
and orcrations arc Permitted rursuant t~> rhesr PI•inned (~c~mmunit};
District RcyuL•uiuns:
• Restaurants and cafes
• Outdoor dining (see Outdoor Uining Standards for Planning Arca A)
• Bakeries, delicatessens, specialty foods, coffee {un~scs and 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
• hlorist shops
• Books/stationery stores
• Jewelry stores
• Art shops/galleries
• Musical supplies and instruments
• Video/music stores
• Optotnctrists or upticiatts
b. Service uses. ~4•hcu conducted within a buildin , . .. . .
• Barber shops
• Beauty parlors
• Interior decorator
• Printing
• Locksmith
• Photography studios
• Mail services
• Uty cManing, 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 ofticcs car clinics-i+vrs.
d. Home occupation in accordance with Tustin City Code Section 9297
2. Ground Floor Coaditionally Permitted Usea (Live/Work Units Facing
the Pub4c Alley)
Pro•pcct VilJapgie PLnned Commualry Dlierict Reg+rLtrons 14
r #+Y
• Figure modeling studios
• llay 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 Unite Facing the Public Alley)
• Coin-operated Laundromats
• Dry-cleaning and laundry services when done on-site
• Medical, dental, or veterinary offices or clinics, with the exception of
optouictrists and opticians which arc permitted on the ground floor
• Uses that involve use or storage of hazardous/explosive materials,
cause offensive odors, and/or generate dust, noise, oc 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 (G) 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 Chvnet 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 pazking which would be required for such use if the hive-Work
Unit is not Owner Occupied on the ground floor.
None of the restrictions contained herein aze designed to reduce the
flexibility available to an Owner of a Restricted Unit from being an Owner
Occupier of the ground Iloor space of a Unit, subject to the ground floor use
restrictions identified herein and for Sub-Area B-II.
n~~r vu~ p~~a Communcy naarcr Regu~don, 19
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 Geaeral Development Standards for Planning Areas B-I and B-II
A. Building Site: 32,941 square feet
B. Gross Density: 16 units per acxe
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. ide Yard (Facing Third Sttee~: Zero (0) Feet
3. Reaz 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 Regl~ired 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,
Prospect Vil/agr Planned Commueiry District Regulations 16
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:
'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 Cade 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 eatlier 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. C-ther 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 of 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
Prospect Vi//age P/unned Community Dlaerlct Regulation, 17
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,
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.
Pmapect ViVagr Planned Commuairy Diaalet Regu/atioas 18
4.0 IMPLEMENTATION and ADMINISTRATION
4.1 Respons_ ibilitt
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, a_nd Ot_hPr Discretionary Actions
All applications shall be processed in accordance with the Tustin City Code.
4.6 Amendment to District Re dons
Any amendment to these District Reguladons contained herein which change the allowed
uses within the development, impose any reguladon 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.
Ptoapect Villagie Planned CommuniryDiaarict Regulationa 19
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 ~evexability 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 Villagr Planned Community District Regu/ptione Zp