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HomeMy WebLinkAbout01 ZA REPORT 138 W MAIN ST IMPROV DocuSign Envelope ID:20F773C5-2327-4209-AF1C-864A9CC70372 - AGENDA REPORT ITEM # 1 MEETING DATE: APRIL 29, 2021 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2021-0005 APPLICANT: PROPERTY OWNER: DEVIN DUGAN JONATHAN M. POVEY IMPROVCITY ON BEHALF OF CELEST POVEY 560 EL CAMINO REAL P.O. BOX 985 TUSTIN, CA 92780 VERDI, NV 89439 LOCATION: 138 WEST MAIN STREET GENERAL PLAN: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP) ZONING: SPECIFIC PLAN 12, DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP, DEVELOPMENT AREA 4 (DA-4), CULTURAL RESOURCE (CR) DISTRICT, AND COMBINING PARKING (P) DISTRICT ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO AUTHORIZE ACCESSORY LIVE ENTERTAINMENT PERFORMED BY STUDENTS AND INSTRUCTORS OF THE INSTRUCTIONAL STUDIO FACILITY. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 21-002 approving Conditional Use Permit (CUP) 2021-0005 to establish accessory live entertainment performed by students and instructors of an instructional studio facility located at 138 W. Main Street. DocuSign Envelope ID:20F773C5-2327-4209-AF1C-864A9CC70372 Zoning Administrator April 29, 2021 CUP 2021-0005 Page 2 , I i I I y AW . .: ? Figure 1: 138 W. Main Street APPROVAL AUTHORITY The project site is within Development Area 4 (Old Town) of SP-12 (DCCSP). Pursuant to DCCSP Table 3.1 , Commercial Permitted Use Table, the instructional studio (improvisation workshops) use is permitted by right. Pursuant to the DCCSP and Tustin City Code (TCC) Section 9270a, a CUP is required for entertainment venues and the presentation of live entertainment. Pursuant to TCC Section 9299b(3)(f), the Zoning Administrator has the authority to review and approve CUPs for existing development where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. BACKGROUND Location and Surrounding Properties The project site is located in Old Town Tustin, within an existing 2,450 square-foot tenant space previously occupied by Brushstrokes, an art instructional studio business. The tenant space is surrounded by a retail store and restaurant to the west, an office use and vacant lot to the north, a music store/instruction business and vacant lot to the east, and the City parking structure to the south. The project site is part of three (3) buildings that were constructed in 1914. The building is an example of Neo-Classical Revival in Tustin, and is associated with early Tustin residents. No changes are proposed to the exterior of the historic building. DocuSign Envelope ID:20F773C5-2327-4209-AF1C-864A9CC70372 Zoning Administrator April 29, 2021 CUP 2021-0005 Page 3 y 1 k: M . ` Cn Main St. Project �. Site • "... . �--- s'"'�: 1111111' } >�%rr - ` 1111 ril.�lllll �"• -. YP'• f r 11211113 11111 •f 11 1111 to M� ,�. -. • 1 t111111P w' ��L�7—*-rtiar"amara- r dill' t S,�*•1�rr .fid�' - - - � -� .. _ . . r Figure 2: Aerial PROJECT DESCRIPTION The applicant is proposing to establish a live entertainment accessory use, with family friendly comedy show performances incidental to an instructional studio. The instructional studio, which is a use permitted by right, provides workshop classes that teach the skills necessary to perform the improvisational (comedy show) performances. The live entertainment would include performances of music, drama or verse performed by the workshop students. The applicant is the sole instructor and will limit the workshops to a total of sixteen (16) students. The applicant plans on programming the improvisation workshops to allow up to a maximum of seven (7) students as the improvisation comedy show entertainers for any one (1) showcase. Approximately 900 square feet of the tenant space would be devoted to the seating area for the workshops and performances, and the remainder 1 ,550 square feet would be used for the stage during performances. When the stage not in use, the space would include storage, office use and restrooms. The applicant does not propose to serve alcoholic beverages or food services at the workshops or live entertainment/comedy show performances. DocuSign Envelope ID:20F773C5-2327-4209-AF1C-864A9CC70372 Zoning Administrator April 29, 2021 CUP 2021-0005 Page 4 21' Stage $' I— — — — — — — — ——— 1 I I I I � SD 5eating Entrance c tV Area 900 SF 14'-0" I I E L — — — — — — — — —— — i s m o 3 c � a • 100, North Not to Scale Figure 2: Floor Plan ANALYSIS Live Entertainment Businesses requesting approval to present live entertainment are required to first receive approval of a CUP for live entertainment and approval of a Live Entertainment Permit (LEP) (TCC Sections 9270a(e) and 3231). Approval of a CUP for the presentation of live entertainment would authorize the applicant to obtain a LEP issued through the Finance Department. The LEP is non-transferable, and any modifications to the proposed LEP would require approval of the Community Development Director. Pursuant to Section 3236 of the TCC, the stage or entertainment area shall not be open to view from outside the premises, thus the live entertainment shall be conducted entirely within the building. Since the building frontage consists of large windows, the applicant would be required to install an opaque covering over the window during live performances pursuant to Condition of Approval No. 2.7. The applicant proposes to install a black curtain over the windows facing Main Street during performances so that the performances would not be visible to the public from the sidewalk. There are no residential uses adjacent to or in the immediate vicinity of the proposed use and therefore the use would not impact residents in the Old Town Tustin area. Proposed Condition of Approval No. 2.6 prohibits live entertainment to exceed noise standards set forth in the City's Noise Ordinance. Further, the Tustin Police Department (TPD) has not identified any concerns regarding the proposed use or hours of operation. The proposed evening hours are similar to other uses such as restaurants in the Old Town area and all activities would be contained within the building. DocuSign Envelope ID:20F773C5-2327-4209-AF1C-864A9CC70372 Zoning Administrator April 29, 2021 CUP 2021-0005 Page 5 Hours of Operation When the business is fully established, the applicant proposes the following workshop and live entertainment hours. The showcase time block includes forty-five (45) minutes between the completion of the first showcase and the start of a second showcase: Day Business/Instructional Live Entertainment Hours Hours Two Showcases Back to Back Sunday 11:00 AM —8:30 PM 7:30 PM — 11:00 PM Monday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Tuesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Wednesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Thursday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Friday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Saturday 11:00 AM-8:00 PM 7:30 PM — 11:00 PM Parking The proposed business model includes an instructional studio and ancillary live performances by students of the facility on a regular basis. The site is legal- nonconforming with respect to parking and does not provide the minimum number of required parking spaces for a retail use. There is limited parking area behind the building. Per TCC 9273, non-conforming uses may continue when not enlarged or expanded. The proposed business establishment is not being enlarged or expanded. Staff has analyzed the proposal and applied the relevant TCC sections in order to arrive at a recommendation for the maximum number of patrons allowed during live entertainment performances and instructional studio improvisation workshops. TCC would require a retail space of 2,450 square feet to provide a minimum of one (1) parking space per 250 square feet, resulting in a parking requirement of a minimum of ten (10) parking spaces. For instructional studios, the TCC requires one parking space for every three students plus one space for the instructor. An instructional studio having ten (10) parking spaces would accommodate up to three (3) students per space plus one for an instructor, allowing a total of twenty-seven (27) students and one instructor during the instructional improvisation workshops. During live performances, the number total attendees is considered when analyzing parking, therefore with ten (10) parking spaces, up to thirty (30) persons can be accommodated. Therefore, Condition of Approval No. 2.16 limits the number of total persons during live entertainment showcases to thirty (30) persons and limits the number of students during workshops to 27 with one (1) instructor present. The applicant's request indicates that that up to sixteen (16) students and one (1) instructor would be present at the site during improvisation workshops and the business would be required to adhere to Condition of Approval No. 2.16 during live entertainment performances. DocuSign Envelope ID:20F773C5-2327-4209-AF1C-864A9CC70372 Zoning Administrator April 29, 2021 CUP 2021-0005 Page 6 Conformance with the Tustin General Plan The proposed live entertainment use is compatible with Land Use Element Goal 10 of the City's General Plan which states, "[i]mprove and strengthen the Tustin Old Town/First Street area with a unique pedestrian environment and diverse mix of goods, services, and uses." The proposed use would add a live entertainment use in Old Town Tustin and, in conjunction with an instructional studio, will provide a unique entertainment experience and potentially become a sought-after destination in the community. The applicant has provided multiple letters of recommendation from reputable nonprofits, school districts, and colleges attesting to the applicant's workshops prior to closing the business due to the 2020-2021 pandemic (Attachment D). FINDINGS In determining whether to approve the CUP for a live entertainment use in conjunction with an instructional studio, the Zoning Administrator must determine whether or not the proposed use will 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. A decision to approve this request may be supported by the following findings: 1) That pursuant to the DCCSP and TCC Section 9270a, the proposed live entertainment use is allowed within the DCCSP and Cultural Resources (CR) zoning district with the approval of a CUP. 2) That the stage and/or entertainment areas will not be open to view from the outside premises because the project will include curtains over windows during live performances as required by pursuant to TCC Section 9236b. 3) That the proposed hours of operation are similar and compatible with other businesses and restaurants in the vicinity. The instructional studio hours of operation and live entertainment would be limited as follows: Day Business/Instructional Live Entertainment Hours Hours (Two Showcases, Back to Back) Sunday 11:00 AM - 8:30 PM 7:30 PM — 11:00 PM Monday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Tuesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Wednesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Thursday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Friday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Saturday 11:00 AM-8:00 PM 7:30 PM — 11:00 PM DocuSign Envelope ID:20F773C5-2327-4209-AF1C-864A9CC70372 Zoning Administrator April 29, 2021 CUP 2021-0005 Page 7 The Community Development Director may modify the hours of operation if it is determined that no impacts to surrounding tenants or properties will occur and adequate parking is available. 4) No noise impacts are anticipated as all live entertainment would be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. 5) As conditioned, the proposed live entertainment would be compatible with the surrounding uses and the TCC in that the proposed live entertainment would be ancillary to the improvisation instructional studio use and the entertainment would be performed by the students of the instructional studio. 6) That the site is nonconforming with respect to parking and does not provide the minimum number of required parking spaces for a retail use. The TCC requires a minimum of ten (10) parking spaces for the 2,450 square feet tenant space at a ratio of one (1) parking space per 250 square feet. As such, the instructional studio use is limited to a maximum of one (1) instructor and twenty-seven (27) students at any one time and a maximum of thirty (30) persons during live entertainment performances. 7) That the TPD has reviewed and supports the proposed use, as conditioned. 8) That the proposed live entertainment use is compatible with Land Use Element Goal 10 in the City's General Plan that states "Improve and strengthen the Tustin Old Town/First Street area with a unique pedestrian environment and diverse mix of goods, services, and uses" in that the live entertainment, in conjunction with an instructional studio, will provide a unique entertainment experience and potentially become a sought-after destination in the community. 9) As conditioned, CUP 2021-0005 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with CUP 2021-0005 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. 10)That the applicant shall be required to obtain a non-transferable Live Entertainment Perm it. Staff recommends that that the Zoning Administrator adopt ZAA No. 21-002 approving CUP 2021-0005 to establish a live entertainment use in conjunction with an instructional studio in an existing 2,450 square-foot tenant space located at 138 W. Main Street. DocuSign Envelope ID:20F773C5-2327-4209-AF1C-864A9CC70372 Zoning Administrator April 29, 2021 CUP 2021-0005 Page 8 E D�ocuSigned by: l A II/l L Vb� 15�F594829AC4A9... Elaine Dove, AICP, RLA Senior Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Letters of Recommendation E. ZAA 21-002 ATTACHMENT A LOCATION MAP Imo" � . � .�e► . saccr,d st ., � i 111 ■ «, OUCA AaronFN th,9LU w 5 � IM �P �M�Q�� 11 ..�....._ Jillr no MIAr i ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET IMPROVCITY- 138 W MAIN STREET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP) 2021-0005 2. LOCATION: SOUTH SIDE OF MAIN STREET, APPROX. 200 FEET WEST OF EL CAMINO REAL 3. ADDRESS: 138 WEST MAIN STREET 4. LOT: TRACT 793, LOT 7 5. APN: 401-622-02 6. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: • PREVIOUSLY BRUSHSTROKES PAINT STUDIO (INSTRUCTIONAL STUDIO) 7. SURROUNDING LAND USES: NORTH: OLD TOWN COMMERCIAL SOUTH: CITY PARKING GARAGE EAST: OLD TOWN COMMERCIAL WEST:OLD TOWN COMMERCIAL 8. SURROUNDING ZONING DESIGNATION: NORTH: SP-12/CR, P DISTRICTS SOUTH: SP-12/CR, P DISTRICTS EAST: SP-12/CR, P DISTRICTS WEST: SP-12/CR DISTRICT 9. SURROUNDING GENERAL PLAN DESIGNATION: NORTH DCCSP SOUTH: DCCSP EAST: DCCSP WEST: DCCSP 10. SITE LAND USE: A. EXISTING: COMMERCIAL PROPOSED: IMPROV/LIVE ENTERTAINMENT B. GENERAL PLAN: DCCSP PROPOSED: SAME C. ZONING: SP-12/CR DISTRICT PROPOSED: SAME DEVELOPMENT FACTS: 11. LOT AREA: 2,614 SF 12. BUILDING LOT COVERAGE: 100% MAX. PERMITTED N/A PROPOSED 13. SITE LANDSCAPING: N/A REQUIRED N/A PROPOSED 14. PARKING: LEGAL NONCONFORMING (2 SP.) EXISTING NO CHANGE PROPOSED 15. BUILDING HEIGHT: 4 STORIES MAX N/A PROPOSED 16. BUILDING SETBACKS: N/A FRONT (MAIN ST) ZERO (0) FEET REQUIRED N/A PROPOSED SIDE ZERO (0) FEET REQUIRED N/A PROPOSED REAR: ZERO(0) FEET REQUIRED N/A_ PROPOSED ATTACHMENT C SUBMITTED PLANS 3? L r STREET ..► tilt S&W w al . y50 �verrr we�r aai+fr SD ��yaar 3 ro, n,nz • - =�gym: s ] ►W. .I-.w. � .. w A : �f X71 t Y r Y�q Y STREET � b s w ow ro N ;4q) Vt , a lw Un -NI w rrM '.rrer Izz, — Et "mow REAL � � tee• •� � w i it !-L o y :Z ,. 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',rt ,���� �,� ""C� aa� .I�i. 1r,n� � �� ���' ¢ ���� �' �, r�xr` , ) a q^i i `w 4� uy: "���. e " "$"� . � � r .W �� ^� �r ��+�a � _ru r+ffmu 'rr � :;a ., � ar w rrz ,�� :=.. y ., G� � .. ��a. � e• Wa. .3' Yy .'..... 5 i t � �3� : Jp��5. �. �- gg �� . ""Ih� ':d... s � 2�wq.�Y� ��� ' �� �' r! m nmr r' i v � � x i a ...fix � � A •. x�LL � •�, P a .x a A , r '� , �� .• ��aur. .., �+ ". y •ted fr I a� sy u ,� `w9 il, Y y 3 r, i� l yy e � v Ai yry r 4 r ho <., nosh 'y c a r ATTACHMENT D LETTERS OF RECOMMENDATION 0 11[NE UNiF1EO SCWML Cassandra Carbone OIETRICT Theatre instructor Woodbridge High School 2 Meadowbrook Irvine, CA 92604 To Whom It May Concern; December 15th, 2020 It is a privilege to write a recommendation for ImprovCity. This has been an outstanding organization to work with. I have been the theatre instructor at Woodbridge High School for the last six years. The workshops and performances my students have had with this organization have been extremely professional,highly entertaining, and truly educational for my students. Workshops and training are a very important component to the success of my theatre department. I have brought in several different groups and organizations to do specialized workshops with my students throughout my nine years of being an educator, and amongst all of them, it was ImprovCity which completely surpassed my expectations as well as my students. I can see tremendous growth with my students and I can see their new found passion for improv. The formatting and patterns of ImprovCity's workshops is well thought out and scaffolded to reach all levels of students. The school campus and the community of Irvine have become loyal fans of our productions and that is a direct result of the commitment of Devin Dugan's company,ImprovCity. Devin Dugan has established a very professional environment with myself as well as my students. He has a strong passion for education and creating an artistic environment for all of his students. He has the ability create new artistic and inventive workshops as well as having the business knowledge to manage the schedule and the paperwork. I am eagerly anticipating our future collaborations with Woodbridge High School as well as Irvine Unified. Every theater teacher I come across I tell them about this group right away. This group offers a unique experience that can benefit everyone from a young child all the way to senior citizens. Please give Devin and his organization every consideration as they will indeed impress you. Please feel free to contact me with any questions. Cassandra Carbone 794 814 4480 cassandracarbone@iusd.org ,...�� 225 W.Main Street,Tustin,CA 92780 w Libby Kay] Director Beard�ors Debbie Watson President Cathy Carden I"Vice President Arnie Wen and Devin Dugan Lynsey Ellsworth c/o Arnie Weir Z'vice President 12932 Malena Dr. Santa Ana,CA 92705 Kelly Lowe 3r°vice President Cheryl Lindner Dear Ms. Weir. Mr. Dugan and ImprovCity Performers. Treasurer Katrina Beers On behalf of Tustin Community Preschool,I mould like to express our sincere Assistant Treasurer thanks for your performance at our end-of-year party earlier this year. All of the Christe Bruderlin 5tiner parents had such a wonderful time Watching the talented performers,and we are so Secretory grateful that you shared your talent and laughter with us that evening. Juliana Tabata Co-Curriculum With sincerest appreciation, Arnie Weir Ca-Curriculfrrrr Missy Reyes Libby Kay],Dinar Co-Membership Tustin Community Preschool Gina Zahm Co-Membership Lu Bauer Co-Ways&Means Jennifer Milarn Co-]+Nuys&Means Lisa Harrison Committee Coordinator Karh Brucker Member At Large Heidi Dawson OCCPPNS Represen to tive A 501(c)3 Non-Profit drganitat]on 95--2126I51 HANG® CA DEAN OF ADMINISTRATIMN 'MM .4199 CAMPUS DR.y SUITE 6001 I N T IE R N AT I O N A L IRVINE, CA 9261 2 TEL: 1(949) 679-200113 COLLEGE FLAX: 1 49491 r379-2001 pAJIG7Ck WWW.H A N C a C IC.E D U IRVINE CAMPUS To Whom it May Concern- My name is Juliette Lee and I am the Dean of Administration here at Hancock International College,a CEA accredited college that offers English as a Second Language to international students.In order to ensure we are continuously fulfilling our mission of providing a compressive English program that engages our international students, it is important we offer our instructors the tools to do so. Professional development for our faculty allows the opportunity to acquire new skills to implement in the classroom as well as strengthens team bu Id ng among our faculty and staff. In 2013, Hancock hired ImprovCity to conduct a workshop for faculty and staff. It was an absolute pleasure working with Devin Dugan,the Director and owner of ImprovCity. Devin's experience and knowledge made it easy to identify the type of workshop that best suited our faculty and staff. Devin designed a workshop based on what Hancock faculty and staff wanted to improve on. The workshop involved numerous games and warm-up exercises that could be used in the classroom and our Hancock parties.our faculty and staff enjoyed the workshop and soon implemented many of the warm- ups and games that they learned. Hancock students are asked to rate the instructors performance on a scale from 1-5,5 being outstanding.The chart below reflects the percentage of students that gave a 5. Intensive English As A Second Language {IESL} Calendar Year BEG B INTER B ADV B TESL 100 TESL 101 TESL 112 IESL 103 IESL 1674 IESL 115 2013 89% 100% 96% 2014 63% 67% 76% 709'a $2°/a 80% 2015. 100% 100% 100% 100% 100% 77°/0 2016 77% 100% 1009'0 $6% 71°/0 100%a 2117 100% 929'0 71% 100% 1009'0 100% In 2014, Hancock instructors were required to take ESL related workshops for their professional development and did not have the opportunity to attend an ImprovCity Workshop.The Student Feedback reflects the value of providing our faculty with ImprovCity workshops. The Workshops have greatly improved our instructor's ability to approach teaching in a more creative andengaging way. We are grateful to have been working with ImprovCity and look forward to a continued relationship for the long haul. Working in higher education for over 15 years has given me great insight into recognizing greatness in anorganizaticr,on. It's obvious that Devin Dugan and ImprovCity have achieved greatness in their field. Their continued commitment to providing the best environment for creativityy is one of the many reasons I would recommend themto anyone. Best Regards, Juliette Lee I bean of Administration 4199 Campus Dr.suite 600 Irvine, CA 92512 USA Phone+1.949.679.2000 Fax+1,949.679.2001 ihlee hancock.edu I www.hancock.edu G4DINEZ FUNDA1VfENTAL HIGH rSCH-001L `- tr= 3002 Centennial Road Jesse Church,Principal 9 : Santa Ana, California 92704 (714} 433-6600 phone (714) 433-6731 fax December 08,2017 To Whom It May Concern: I have had the pleasure of working with Mr.Devin Dugan and his ImprovCity and ImprovCity High organization for the previous 4 years. In that time,Mr.Dugan and his staff conducted weekly classes teaching improvisation for my high school students.Most of the students at my school have had not prior theatrical training and come from lower socioeconomic homes. Mr.Dugan and his staff were always the consummate professionals and taught their classes with good humor,directness and always with the goal of helping their(my)students improve and grow.They helped foster a safe community of trust necessary for an art form that most people find terrifying,public performance. I was always impressed not just with their professionalism,but also with their keen eye for detail and breadth of knowledge in what they instructing.The decades worth of experience learning,performing, and instructing this art form was quite evident. Mr. Dugan proved himself to me to be not only a professional,but that rare combination of artist who could work in the real world of managing time,people,and business.He and his organization have my highest praise and recommendation. Sincerely, Richard Marting Drama Director 0 Cornelia Connelly School Accredited-, May 24, 2010 WASC WCEA Devin Dugan WS AL Dear Devin, On behalf of the Cornelia Connelly School and the Fashion Show committee,we want to thank you for your support of the 2"d Annual Connelly Couture Fashion Show&Benefit held on April 2.5, 2010 at the Sheraton Park Hotel at the Anaheim Resort. By donating an auction item valued at$50.40, you have helped reduce our costs and increase our net revenue. Your dedication and commitment helps Connelly continue the tradition of academic excellence deeply rooted in faith, service to others and leadership. Your continued support makes a significant difference in the lives of our young women. Sincerely yours, ] fu�� - J.-y-piow Lilly Flores Tea�N,sta lzzy Velasco Connelly Couture Connelly Couture- Fundraising&Parent Relations Goordinator Co-Chair Co-Chair Federal Tax ID#95-21 56583 P.S. No goods or services were received in exchange for this gift. Therefore,this contribution is fully tax-deductible. Please retain this letter for your tax records. Federal Tax ID#95-2156583 2323 West Broadway . Anaheim,CA 92804 * 71 1.776.1?l7 . Fax 754.776.2534 • www.connellyhs.org HANCOCK INTERNATIONAL COLLEGE IRVINE CAI+ FUS w^ 4199 Campus Drive, Suite boil, Irvine, Cb 92612 Tei: +1,949.679.2600 C Fax. +1.949.679.2001 I NNrW1*1V'.hancOcl:college.us July 18, 2014 To Whom It May Concern; Professional development for our faculty is very important not only to acquire new skills to implement in the classroom but to strengthen team building among our teachers. The workshops conducted by Devin Dugan and ImprovCity has greatly improved our teacher's ability to approach teaching in a more creative and engaging way. We are grateful to have been working with ImprovCity and look forward to a continued relationship for the long haul. Working in higher education for over 20 years has given me great insight into recognizing greatness in an organization. It's obvious that Devin Dugan and ImprovCity have achieved greatness in their field_ Their continued commitment to providing the hest environment for creativity is one of the many reasons I would recommend them to anyone. Thank you. Jo nny Lee President/C.E.O. r� American Heart American Stroke Association I Association® Learn and Live. western States Afiiliaft Change County P.C.Box 6046 Irvine,CA 92616-6046 Tel 949 856 3555 Fax 949 856 3364 httpJAww.americanheart.org October 12,2010 Devin Dugan c/o Improv City Cardiovascular disease and strake claim more lives each Dear Devin, year than the next seven causes combined. On behalf of the American Heart Association's Orange County Division, please accept our heartfelt appreciation for the help that you and Improv City were able to give to the 2010 Start? orange County Heart Walk in Irvine.The Heart Walk,as the That is why we are working to American Heart Association's premier Fundraising event, is an integral part in the effect change byproviding fight against our nation's No. I and No. 3 killers, heart disease and stroke. Improv lnbrmaPon and solutions fortis City played an important part in helping us to make this community event a preventfcn and treatment of wonderful experience for all involved. cardiovascular diseases and ants and straw in people of a# This year's Start!Orange County Heart Walk drew about 5,000 participants raised almost$1,300,000 to help in the fight against heart diseases and stroke.The Improv City helped us to make that event a huge success by helping to provide fun, family friendly entertainment in our Fun Zone. We have only heard good things we have ser a strategic impact about your participation and are grateful for the chance to enhance our Expo Area goat to improve the with groups like yours that also encourage crowd involvement. cardiovascular health of all Americans DY 20%whiles We realize the significance of your help and truly appreciate the support that you reducing deaths from give.As a community partner,we appreciate the willingness of your group to donate cardovasculardfssases and your time and efforts.Your support allowed us to hold a smooth and successful stroke by20%by the Yew 2r7 - event,which motivates our participants in their fundraising efforts and helps to direct more money toward research and education. Thank you! We look forward to working with you again in the future! Sincerely yours, jaa~al Landavv Joanna London Event Coordinator—Heart Walk Federal Tax lD#13 5613797 Semjng raaflramrs.Nevada and Utah Please rernember the American Heart Association in your will. >MV9 elf' ac a donate life organization May 28,2010 To Whom It May Concern: I would like to take this opportunity to highly recommend ImprovCity. We had the pleasure of having Devin Dugan lead an improv training workshop at our communications department retreat last week. He did an outstanding job! In preparation for the workshop we discussed his outline and he was able to customize his material to meet our group's needs. We wanted something very positive,upbeat,and interactive. Devin exceeded our expectations and did a phenomenal job. He had every member of our department engaged and actively participating willingly-even the shyest in the group! It was so successful that we have already booked ImprovCity for another event next month and are very excited to have them back.. We look forward to a continued partnership with ImprovCity in the months and years to come and we recommend that you do too! Sincerely, Christina Courtney Special Events Coordinator OneLegacy a Donate Life Organization www.DonateLifeCalifomia.org Prevention October 20, 2018 BOARD OF DIRECTORS Marc Reich,Chair Devin Dugan Reich Radcliffe& Owner & Artistic Director Hoover LLP Improvoty Alan Epperson,Ca- chair www.improvcityonline.com WeAs Fargo Bank Vanessa Dixon, Secretary California State Devin, University, Long Beach Hogiadi Kumiawan, Thank you so much for being part of our All Staff Meeting for the Treasurer Haskell&White, past two years. It was easy to see how much our staff enjoyed the ThoLP nm Manakides, show, because they were laughing the entire time. Past Board Chair Gibson,Dunn& Crutcher Your talented team of performers were on time, professional and Roger Armstrong comfortable in front of a group of 100+ staff members. A rmstrong/R ob itai ll e1 Riegle Mbashis Chowdhury please let me know if I can ever be a reference for any HR Canterbury Consulting professional who is thinking about hiring your team to entertain their Hedieh Fazeli Fazeh Law Grath, staff. I would be happy to share with them the experience that we had Dan S a mon in 2017 and 2018. Paul.Godby The Capital Group Companies Take care. Abbas Gokal Gokal Law ice Ed Enal Aivira Biomedical Sincerely, Elizabeth]aeger E�,Loan k Real lstafe Broker Donald Kennedy First American Interim HR Director Title Company OC Child Abuse Prevention Center Hogiadi Kumiawan Haskell&White, 9491697_1045 LLP Andrew Meyer MAI Capital Management,LLC ]on Miller Littler Mendelson Daniel Wiles Fieldman,RolaPp &Associates Athena Wong Agility Fuel Solutions 18 ra��for fd* 2390 E.Orangewood Avenue•Suite 300•Anaheim,CA•92806 Ph;714-543-4333•Fox:714543-4398-www.brightfutures4kids,org SURVIVE AND THRIVE RUN WALK HEALTH A SAFETY EXPO EVENT SURVEY W - PO Box 54852 Irvine,C&926194M edmesurvivors@aol.com (949)872-1895 Dear Devin, On behalf of Grime Survivors, the Board of Directors and the Event Committee, a sincere note of thanks to you at ImproyClityfor your support and participation in the Annual Survive and Thrive Run Walk Health & Safety Expo, on October 9, 2010. We couldn't have pulled this off without your help, support and participationM Your team is amazing and so very talented, it was a pleasure to work with you all, you each went above and beyond and we are so grateful.... Again, thank you for your support and participation with this event. We look forward to your support, partnership and participation in future years. Sincerely, Patricia Wenskunas Founder CEO Crime Survivors,lnc.Tm PD Box 54552 Irvine, Ca. 92519A552 (949) 872-78951(775)245-4798 fax www.crirtyesuryivars.Qrt�1 wwwsurviveapotftriverunwal www.crimesurvivors.org www.surviveandthriveninwalk.org ATTACHMENT E ZAA 21 -002 ZONING ADMINISTRATOR ACTION 21-002 CONDITIONAL USE PERMIT 2021-0005 138 WEST MAIN STREET The Zoning Administrator of the City of Tustin (City) does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2021-0005 was filed by Devin Dugan of ImprovCity, requesting authorization for accessory live entertainment performed by students and instructors of on-site instructional studio providing improvisation workshops in an existing 2,450 square foot tenant space located at 138 West Main Street. B. That the proposed land use is consistent with the Tustin City Code (TCC) and General Plan. The site is designated as Downtown Commercial Core Specific Plan (DCCSP) by the City's General Plan and is located within the Specific Plan 12 (SP-12) Downtown Commercial Core Specific Plan (DCCSP), Cultural Resource (CR) District and the Combining Parking (P) District. The project is consistent with the Air Quality Sub-element of the City's General Plan. C. That pursuant to DCCSP Table 3.1, Commercial Permitted Use Table and TCC Section 9270a, a conditional use permit for live entertainment and approval of a live entertainment permit are required prior to the presentation of live entertainment. D. That pursuant to Section 9299b(3)(f) of the TCC, the Zoning Administrator has the authority to consider requests for minor CUPs where there would be no change of primary use, no expansion of floor area, and the request would not alter the original intent of the project. E. That a public hearing was duly called, noticed, and held for CUP 2021-0005 on April 29, 2021, by the Zoning Administrator. F. That the establishment, maintenance, and operation of live entertainment will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, 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 in that: 1) The stage and/or entertainment areas will not be open to view from the outside premises because the project will include curtains over windows during live performances as required by pursuant to TCC Section 9236b. Zoning Administrator Action 21-002 CUP 2021-05 Page 2 2) The proposed hours of operation are similar and compatible with other businesses and restaurants in the vicinity. The instructional studio hours of operation would be limited as follows. Day Business/Instructional Live Entertainment Hours Hours Two Showcases Back to Back Sunday 11:00 AM —8:30 PM 7:30 PM — 11:00 PM Monday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Tuesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Wednesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Thursday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Friday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Saturday 11:00 AM - 8:00 PM 7:30 PM — 11:00 PM Back to back showcases shall include a minimum of forty-five (45) minutes between the end of the first showcase and the beginning of the second showcase. The Community Development Director may modify the hours of operation if it is determined that no impacts to surrounding tenants or properties will occur and adequate parking is available. 3) No noise impacts are anticipated as all live entertainment would be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. 4) As conditioned, the proposed live entertainment would be compatible with the surrounding uses and the TCC in that the proposed live entertainment would be ancillary to the improvisation instructional studio use and the entertainment would be performed by the students of the instructional studio. 5) That the site is nonconforming with respect to parking and does not provide the minimum number of required parking spaces for a retail use. The TCC requires a minimum of ten (10) parking spaces for the 2,450 square feet tenant space at a ratio of one (1) parking space per 250 square feet. As such, the instructional studio use is limited to a maximum of one (1) instructor and 27 students at any one time and a maximum of thirty (30) persons for live entertainment performances. 6) That the City's Police Department has reviewed and supports the proposed use, as conditioned. 7) That the proposed live entertainment use is compatible with Land Use Element Goal 10 in the City's General Plan that states "Improve and strengthen the Tustin Old Town/First Street area with a unique Zoning Administrator Action 21-002 CUP 2021-05 Page 3 pedestrian environment and diverse mix of goods, services, and uses" in that the live entertainment, in conjunction with an instructional studio, will provide a unique entertainment experience and potentially become a sought-after destination in the community. 8) As conditioned, CUP 2021-0005 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with CUP 2021-0005 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. 9) That the applicant shall be required to obtain a non-transferable Live Entertainment Permit. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby adopts ZAA No. 21-002 approving CUP 2021-0005 for accessory live entertainment performed by students and instructors of the on-site instructional studio providing improvisation workshops in an existing 2,450 square foot tenant space located at 138 West Main Street, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 29th day of April 29, 2021. JUSTINA L. WILLKOM ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY Zoning Administrator Action 21-002 CUP 2021-05 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Hurtado, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 21-002 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 29th day of April, 2021. VERA HURTADO RECORDING SECRETARY EXHIBIT A CONDITIONAL USE PERMIT 2021-0005 POTENTIAL CONDITIONS OF APPROVAL 138 WEST MAIN STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped April 29, 2021, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request and associated fee is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2021-0005 is contingent upon the applicant and property owner signing and 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. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.6 CUP 2021-0005 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Potential Conditions of Approval CUP 2021-0005— Exhibit A April 29, 2021 Page 2 2021-0005, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.7 As a condition of approval of CUP 2021-0005, 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 the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS (1) 2.1 Authorization to provide "Live Entertainment" shall not include Adult Entertainment, sexually oriented business, burlesque shows, and lewd or indecent acts. Sexually oriented businesses shall obtain special permits pursuant to TCC Section 3900 et seq. (1) 2.2 Operation of live entertainment is contingent upon the use of the premises remaining an instructional studio with ancillary live performances by students of the use. Should the use of the premises change from an instructional studio use with ancillary live performances by students of the use, this CUP shall be null and void. (1) 2.3 A Live Entertainment Permit shall be obtained through the Finance Department prior to establishing, conducting, or carrying on any live entertainment. The Live Entertainment Permit shall be non-transferable to any person(s). (1) 2.4 No business operating with a valid Live Entertainment Permit shall employ any person who has been convicted of illegal drug usage, drug dealing, or prostitution within the last five (5) years. Potential Conditions of Approval CUP 2021-0005— Exhibit A April 29, 2021 Page 3 (1) 2.5 The live entertainment shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City. Live entertainment shall be conducted entirely within the building. (1) 2.6 The ambient noise levels resulting from the live entertainment shall not exceed the standards of the City's Noise Ordinance. Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. Doors to the business shall remain closed when live entertainment is being performed. (1) 2.7 The live entertainment shall not be open to view from outside the premises. The applicant shall install an opaque covering over the window(s) located in the stage area, subject to approval by the Community Development Department. (1) 2.8 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 live entertainment is performed. (1) 2.9 Fire and Police access and passage shall be permitted at all times. (1) 2.10 Business hours are limited to the following: Day Business/Instructiona Live Entertainment I Hours Hours (Two Showcases Back to Back) Sunday 11:00 AM — 8:30 PM 7:30 PM — 11:00 PM Monday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Tuesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Wednesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Thursday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Friday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM Saturday 11:00 AM-8:00 PM 7:30 PM — 11:00 PM Back to back showcases shall include a minimum of forty-five (45) minutes between the end of the first showcase and the beginning of the second showcase. Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no impacts surrounding tenants or properties will occur and adequate parking is available. Potential Conditions of Approval CUP 2021-0005— Exhibit A April 29, 2021 Page 4 (1) 2.11 "No Loitering" signs shall be placed near the entrance on the outside of the premises. No congregation and loitering outside the building shall be perm itted. (1) 2.12 No outdoor storage shall be permitted except as approved by the City's Community Development Director. (1) 2.13 If in the future the City's Community Development Director, Police Chief and/or Public Works Department determine that parking, traffic, or noise problems exist on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Director may require the applicant to prepare a parking demand analysis, traffic study, or a noise study, and the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: • Adjust hours of operation. • Eliminate live entertainment. • Reduce the number/frequency of performers. • Require additional on-site security personnel. • Provide additional parking. (1) 2.14 There shall be no outside promoters. (1) 2.15 There shall be an individual assigned during all open business hours in charge of occupancy. This individual shall assure the occupancy limits established by the City are within compliance. (1) 2.16 Occupancy in the tenant space shall be limited to thirty (30) individuals including instructors, workshop participants/performers and audience members during live entertainment events and a maximum of 27 students and one (1) instructor when instructional classes are provided. (1) 2.17 Alcoholic beverages shall not be allowed during business and live entertainment hours without a Conditional Use Permit for alcoholic beverage sales. (1) 2.18 Each class shall be concluded to provide sufficient time for attendees of the prior class to vacate the site prior to arrival of attendees of the next class. (1) 2.19 All activities shall be located within an enclosed building. Potential Conditions of Approval CUP 2021-0005— Exhibit A April 29, 2021 Page 5 (1) 2.2 No change or alteration of the tenant space shall occur without approval of 0 the Community Development Director. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new conditional permit by either the Zoning Administrator or the Planning Commission. FEES (1, 5) 3.1 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 fifty dollars ($50.00) 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.